asphalt resurfacing 2017 - midland documents/l04 51799... · asphalt paving - 2017 9 contract...

T O W N O F M I D L A N D

ASPHALT PAVING 2017

C O N T R A C T L04-51799

TOWN OF MIDLAND TENDER FOR ASPHALT PAVING 2017

CONTRACT NO. L04-51799 SEALED TENDERS, clearly marked as to contents, will be received at the Town of Midland's Operations Department, 575 Dominion Avenue, Midland, Ontario, until

1:00 p.m. on Wednesday, April 19, 2017 for the supply and placement of asphalt paving at the following locations, including but may be adjusted to suit the budget: William Street (Bay Street to Frank Street) Fourth Street (Fifth Street to Ontario Street) Charles Street (Bay Street to Hugel Avenue) Operations Depot (1099 MacDonald Road – Various Areas) Qualified contractors may obtain Tender documents from the Town of Midland, website at http://www.midland.ca/Pages/Tenders.aspx. Each Tender must be accompanied by a certified cheque/bank draft cheque or bid bond in the amount of Ten Thousand Dollars ($10,000.00). THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED S. Berriault, C. Tech. Director of Operations

GENERAL INDEX Page # Instructions to Bidders ............................................................................................ 4 to 18 Tender Form and Schedule of Unit Prices ........................................................... 19 to 38 Tender Summary ................................................................................................ 27 List of Sub-Contractors ....................................................................................... 28 List of Proposed Suppliers .................................................................................. 29 List of Proposed Personnel................................................................................. 29 List of Experience ............................................................................................... 30 Health & Safety Form HS-14 .............................................................................. 31 Form of Agreement .............................................................................................. 39 to 41 Supplemental Specifications and O.P.S. Specifications ....................................... 42 to 49 Standard Drawings and Contract Drawing ........................................................... 50 to 52 General Conditions Supplementary ...................................................................... 53 to 60

ASPHALT PAVING - 2017 4 CONTRACT L04-51799

INSTRUCTIONS TO BIDDERS


INSTRUCTIONS TO BIDDERS Page 1. Description of the Works ...................................................................................... 6 2. Delivery and Closing of Tenders ........................................................................... 7 3. Form of Tender ..................................................................................................... 8 4. Materials ............................................................................................................... 8 5. Drawings and Contract Documents ...................................................................... 9 6. Tender Deposit ..................................................................................................... 9 7. Bonds ................................................................................................................... 9 8. Insurance/W.S.I.B Clearance Certificate. ............................................................. 9 9. Hold Harmless .................................................................................................... 10 10. Proof of Ability .................................................................................................... 10 11. Contract .............................................................................................................. 11 12. Informal Tenders ................................................................................................ 11 13. Right to Accept or Reject .................................................................................... 11 14. Starting Date ....................................................................................................... 12 15. Progress and Completion ................................................................................... 13 16. Fair Wages ......................................................................................................... 13 17. Taxes .................................................................................................................. 13 18. Budget Limitations .............................................................................................. 13 19. Liquidated Damages ........................................................................................... 13 20. Compliance Sync ................................................................................................ 14 21. Increase/Decrease in Hot Mix Asphalt Prices Based on a Liquid Asphalt Price Index ............................................................... 16 Asphalt Price Index Table ................................................................................... 16


INSTRUCTIONS TO BIDDERS 1. DESCRIPTION OF WORKS

The intent of this Contract is to provide for the supply and placing of approximately 1,000 tonnes plus 12,500 square meters of hot mix asphalt resurfacing of various roads and miscellaneous areas within the Town of Midland. The Tenderer is directed to Clause 18 of this section, with respect to budget limitations. The Contract provides for the milling, removal or preparation of existing asphalt surface pavements and the laying of hot mix asphalt. The Town of Midland will supply up to 5 trucks to haul the grindings. End joint preparation is noted for some roadways. For most projects, the adjustment of catchbasins complete with parging will be undertaken by others and the Town will supply the new catchbasin frames and grates. In this instance, we have included an allowance on the schedule. This allowance will not be paid to the Contractor but has been included for budgeting purposes only.

More specifically, the work includes the supply of all materials, equipment and labour for the following works:

(1) William Street (Bay Street to Frank Street)

Grind 50mm of the existing surface. Pave with 50mm of HL3 top course (top course of asphalt shall be graded with a consistent 3% crown between curbs), together with maintenance hole and catchbasin preparatory works.

Please note that the Town will supply and install new catchbasin frames and grates. The Contractor will not be paid for the supply and/or placement of these new frames and grates; however, an allowance has been included in the schedule for budgeting purposes.

Please note that work on William Street shall not commence until the

Watermain installation by others is completed. (2) Charles Street (Bay Street to Hugel Avenue)

Grind 50mm of the existing surface to achieve 3% crown. Pave with 50mm of HL3 top course (top course of asphalt shall be graded to a 3% crown between curbs), together with maintenance hole and water valve preparatory works.



INSTRUCTIONS TO BIDDERS (3) Fourth Street (Fifth Street to Ontario Street) Grind 90mm of the existing surface. The contractor shall supply and place

granular ‘A’ material and compact and grade to achieve a 3% crown. Pave with 50mm of HL8 base course asphalt followed by 40mm of HL3 top course (top course of asphalt shall be graded with a 3% crown between curbs), together with maintenance hole preparatory works.


(4) Operations Depot (1099 MacDonald Road – Various Areas) This project involves the asphalt paving of various areas of the existing

surface at the new Operations Depot site at 1099 MacDonald Road with 50mm of HL8 asphalt surfacing. It should be noted that some areas to be paved are indoor spaces (cold storage and sand storage buildings). These indoor spaces will require a second lift of 40mm of HL3A asphalt surfacing. The preparation works in advance of the asphalt paving will be undertaken by others.

The Tender Form must be fully legible, signed and witnessed in the spaces provided, with the signature of the Tenderer or an official authorized to sign on behalf of the organization bidding.

2. DELIVERING AND CLOSING OF TENDERS

Tenders, in sealed envelopes clearly marked as to contents as follows:

ASPHALT TENDER 2017 CONTRACT L04-51799 CLOSING: WEDNESDAY, APRIL 19, 2017 @ 1:00 P.M.

will be received up to 1:00 p.m. local time – Wednesday, April 19, 2017, by Shawn Berriault, Director of Operations, Town of Midland, 575 Dominion Avenue, Midland, Ontario, L4R 1R2. PLEASE NOTE – THERE ARE NO COURIER SERVICES THAT PROVIDE EARLY DELIVERY TO MIDLAND.

This time and date shall be deemed to be the Official Closing Time. Each Tender will be marked with the time and date it was received. The Tender Form must be fully legible, signed and witnessed in the spaces provided, with the signature of the Tenderer or a responsible official of the organization bidding and the name of the person signing on behalf of the organization bidding printed under the signature.



Bidders requiring a receipt or acknowledgment for the tender delivery are required to bring a copy of the Tender Advertisement page from the Tender document (Page 2 herein). An acknowledgment will be provided on that sheet and returned to the person delivering the tender. No other form of acknowledgment will be provided.

Questions arising during the bidding period are to be submitted in writing by e-mail to:

Attention: Shawn Berriault, C. Tech., Director of Operations Email: [email protected] Subject Line: Asphalt Tender Contract L04-51799 Questions

The intent is to address questions received only up to the end of business (4:00 p.m. local time) on Wednesday, April 5, 2017 and issue any required addenda by noon (local time) Tuesday, April 11, 2017.

3. FORM OF TENDER

All Tenders must be submitted upon the Tender Form contained herein and be signed by the Bidder with his business address, telephone number, fax number and e-mail address. Each Tender must be sealed and delivered on or before the date and time set for closing in a sealed envelope which is clearly marked on the outside as to its contents. The Tenders will be opened in public at the office of the Town shortly after the Official Closing Time (subject to the availability of a member of Council, failing which, tenders will be opened at the earliest time a member of Council can attend). Facsimile or other electronic transmission of tender bids will not be accepted.

Bidders shall submit the following forms, complete in all respects:

-Tender Form -Tender Deposit Cheque or Bid Bond -Tender Form - Schedule of Unit Prices -List of Subcontractors, Suppliers and Experiences -Health and Safety Form HS-14 (must be completed)

Tenders received which do not include the above-noted forms completed may be considered incomplete submissions.

4. MATERIALS

All materials (except as specifically indicated in the Special Provisions) required on this Contract shall be supplied by the Contractor.


INSTRUCTIONS TO BIDDERS 5. DRAWINGS AND CONTRACT DOCUMENTS

Each bidder must satisfy himself, by his own study of the Drawing and Contract Documents, by calculation and by PERSONAL INSPECTION of the site respecting the conditions existing or likely to exist in connection with the execution of the Work, as to the practicability of completing the Work successfully within the stipulated time. There will be no consideration of any claim after submission of Tenders that there is a misunderstanding with respect to the conditions imposed by the Contract.

6. TENDER DEPOSIT

Each Tender shall be accompanied by either:

a) a tender deposit in the form of a certified cheque or bank draft cheque made payable to the Town for an amount of Ten Thousand Dollars ($10,000.00); or

b) a bid bond in the amount of Ten Thousand Dollars ($10,000.00) and sealed by a corporation duly authorized to transact the business of Suretyship in the Province of Ontario and having an office in Ontario.

The Tender deposit cheques or Bid Bonds of the three lowest Tenderers shall be retained by the Town for up to sixty (60) days after the Official Closing Time or until the Contract has been signed by the successful Tenderer. Tender deposit cheques or bid Bonds of all other Tenderers will be returned within thirty (30) days of the Official Closing Time. The Tender deposit cheques or Bid Bonds of the successful Tenderer will be returned upon execution of the Contract Documents. If the Tender consists of more than one Contract, each Contract may be individually bonded in accordance with the above requirements.

In the event that any Tender is withdrawn before the Contract is executed by the successful bidder or for a period of Thirty (30) days commencing from the Date of Closing of Tenders, whichever event first occurs, the certified cheque accompanying such Tender shall be forfeited to the Owner.

7. BONDS

The Town MAY require the successful bidder to furnish Bonds for “Performance” and “Materials and Labour Payment” equal to 100% of the Tender sum, with a Guarantee Surety Company authorized by law to carry on business in the Province of Ontario and having an office in Ontario. The cost of the bonds, if required, shall be borne by the Town.


INSTRUCTIONS TO BIDDERS 8. INSURANCE/W.S.I.B CLEARANCE CERTIFICATE

The successful bidder will be required to register with Compliance Sync and provide them with a certified copy of an insurance policy covering Public Liability and Property Damage in the amount of $5 million as specified in O.P.S. General Conditions, Section GC6, showing the Town of Midland as an “additional named insured”.

The Contractor will also be required to supply to Compliance Sync a certificate from the Workers' Safety and Insurance Board (WSIB) indicating that he is in good standing with the Board prior to the Town authorizing commencement of work and prior to the issuance of a Certificate of Substantial Performance. It should be noted that Compliance Sync must be able to obtain a current WSIB Certificate at all times during the contract.

9. HOLD HARMLESS

To the fullest extent permitted by law, the successful Tenderer agrees to defend (including attorney’s fees), pay on behalf of, indemnify and hold harmless The Corporation of the Town of Midland, its elected and appointed officials, employees and volunteers and others working on behalf of The Corporation of the Town of Midland against any and all claims, demands, suits or loss, including all costs connected therewith and for any damages which may be asserted, claimed or recovered against or from The Corporation of the Town of Midland, its elected and appointed officials, employees, volunteers or others working on behalf of The Corporation of the Town of Midland, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract.

10. PROOF OF ABILITY Bidders are required to disclose their legal status as to whether they are a

Federal, Provincial or Foreign Corporation, a partnership or an individual and to state the names and addresses of the responsible officers or partners as the case may be. They must furnish satisfactory evidence that they have the requisite ability and experience in the class of work contemplated and sufficient capital and plant to enable them to complete the work successfully within the time stated in the Contract.


INSTRUCTIONS TO BIDDERS 11. CONTRACT

The party to whom the Contract is awarded will be required to execute the Agreement contained herein in duplicate and to provide proof they have registered with Compliance Sync and have furnished Compliance Sync with a certified copy of a satisfactory insurance policy referred to herein within seven (7) days not including Sunday or a legal holiday, after e-mailing of written notice by the Owner to him at his business e-mail address as stated in his Tender, of the award of the Contract to him. Should the said party fail to execute this Contract within the time stipulated above, the deposit accompanying his Tender shall be forfeited to the Owner.

12. INFORMAL TENDERS

Tenders that are incomplete, conditional, illegible or obscure or that contain additions not called for, reservations, erasures, alterations or irregularities of any kind, may be rejected as informal. Bidders are required to fill in all the blanks.

13. RIGHT TO ACCEPT OR REJECT

The lowest or any particular Tender will not necessarily be accepted.

The criteria which may be considered by the Town in awarding the Contract will include a combination of price, scheduling, expertise, qualifications, and suitability of the Tenderer, and such other conditions as may be determined by the Town to be in its own best interest. The Tenderer acknowledges that the Work(s) or portions thereof are subject to the procurement and issuance of funding, certain permits, authorizations, licenses, easements and other approvals as may be required from third parties or under applicable laws, statutes and regulations (“Approvals”). In the event that any Approvals are not issued by any third parties (“Frustrating Event”) the Town reserves the right, and without liability to the Tenderer, to:

Not award the Contract and/or cancel the request for Tenders; Award the Contract in whole or in part but expressly subject to the right

on the part of the Town to cancel all or part of the Contract at any time after the award thereof in the event that such Approvals cannot be obtained;

Delay the consideration of the award of the Contract until such time as the Approvals may be obtained;

In any event, the Town reserves the right, in its absolute discretion, to reject any or all tenders or to award the contract to other than the Tenderer submitting the lowest Tender, provided that Council, in its sole and absolute discretion, decides that it is in the best interest of The Corporation of the Town of Midland to do so.


INSTRUCTIONS TO BIDDERS By submitting this tender document, the Tenderer acknowledges that it shall have no claim against, or entitlement to damages from the Town by reason of the Town’s rejection of its Tender or of all Tenders, or by reason of any delay in the acceptance of a Tender, or cancelling all or part of the Contract as a result of a Frustrating Event. Tenders are subject to a formal Contract being prepared and executed. Without in any way limiting the generality of the preceding, Tenders, commencing with the lowest tender, will be evaluated against criteria developed by the Town using information provided by the Tenderer in Section B.2 and additional criteria information as requested. The Town’s criteria include, but are not limited to:

Skill and experience demonstrated on similar projects of similar scope; The general reputation, qualifications and experience of the Tenderer; The general reputation, qualifications and experience of the Tenderer’s

sub-contractor; Qualifications and experience of key personnel of the Tenderer; Tender price; Project schedule/substantial performance date; Reference checks with former clients, consultants and subtrades; Five year history of claims, litigation and/or arbitration between Tenderer

and former clients and between itself and subcontractors; Five year history of charges under the Occupational Health & Safety Act

(Ontario); Five year record with the Workplace Safety and Insurance Board

(“WSIB”); Anticipated additional costs not included in the Tender Price but inferable

from the evaluation criteria or from the Tender; Matters omitted from the Tender Form by the Tenderer.

Where the Tenderer is associated with one or more persons or corporations which conduct the same or similar business as the Tenderer, the Town may, but is not obliged to, request from such Tenderer the evaluation information with respect to such associated persons or corporations. The failure or refusal of a Tenderer to comply with such a request may result in the rejection of its Tender.

The above criteria are not necessarily listed in the order of their importance to the Town.

14. STARTING DATE

No work shall begin until the Municipality has issued a Start Work Order. A Start Work Date will be negotiated with the successful Tenderer. A Start Work Order will not be issued until the Town of Midland Council has approved their 2016 capital budget and all conditions in this document are met.


INSTRUCTIONS TO BIDDERS 15. PROGRESS AND COMPLETION

The Tenderer's attention is drawn to the Working Days or Completion Date stipulated in this Contract and also to the Liquidated Damages Clause. The successful bidder shall be required to submit a detailed Schedule of Work. The Contractor shall be permitted to phase works of various locations, however, the work in each location, once commenced, must proceed continuously and expeditiously to completion. All works must be substantially completed by SEPTEMER 1, 2017. No area that has been disturbed (milled, ground or pulverized) shall remain in a granular state for longer than 2 working days and not over a weekend, i.e. all roadways are to be prepared for new paving with at least base course asphalt placed within 2 days of grinding. Liquidated damages may be applied after this date, as described in Clause 9 of the Supplemental General Conditions.

16. FAIR WAGES

The Tenderer's attention is drawn to the Fair Wages and Labour and Conditions applicable to this Contract as outlined in the General Conditions Supplementary.

17. TAXES

Harmonized Sales Tax

The Town acknowledges and agrees that the works tendered herein are subject to Harmonized Sales Tax (HST), currently set at 13%. The tender bid pricing is to be exclusive of HST, however, all invoices and payment certificates will be required to show the HST as a separate line item.

18. BUDGET LIMITATIONS

The Tenderer is advised that the completion of the works set out in this Tender Document is contingent on the Council of the Town of Midland authorizing the work. The Town may limit the scope of the proposed asphalt paving works to the total value of our budget amount(s). If prices dictate, a portion of the works, or a complete schedule, may be removed, or a section added. The Contractor will not be entitled to any compensation should a line item or complete schedule be removed from the tender contract.

19. LIQUIDATED DAMAGES

The liquidated damages on this project shall be $300.00 per working day, for each day beyond the approved schedule, until substantial completion has been achieved.


INSTRUCTIONS TO BIDDERS 19. COMPLIANCE SYNC

Contractor Compliance Verification: The Town of Midland has initiated a program for all Contractors performing work on behalf of the Town to ensure continuous visibility to Compliance. This includes the provision of all legal requirements in accordance with the Occupational Health and Safety Act; as well as other documentation which may be legally required in order to be retained by the Town to provide services. The Town hereby requires all Contractors having successful quotations or tenders to be Verified by Compliance Sync and/or equivalent programs/services and maintain their compliance status in good standing throughout the duration of the Contract (including any maintenance period) in accordance with terms of the Contract. This requirement does not apply if the Contractor is not the successful bidder.

The Town will only execute documents with Contractors after such Contractor(s) has/have been Verified by Compliance Sync, and that said Contractor is Approved by the Town to be in compliance with the requirements of the Contract. At minimum, in order to satisfy the terms of the quotation or tender, all Contractors performing work on behalf of the Town must provide Proof of Insurance, Registration, Certification, Licensing, Authorization or Professional Membership as legally required, where applicable, as well as all relevant Workplace Occupational Health & Safety Training applicable to the scope of work and such documentation and training shall remain current and valid during the duration of the Contract period. In order to complete the Verification process Contractors will be requested to provide information which may include, but is not limited to: CRA Business Number; WSIB Account Number; Certificate of Insurance with Town of Midland named as additional insured

and with a minimum $5,000,000 (unless otherwise specified) Commercial General Liability Insurance Policy;

Business License, Registration or Authorization as legally required by Contractor, where applicable.

Town of Midland Contract(s) signed and related Contractor Program requirements as shown on Compliance Sync upon registration.

It is also required that all Contractors provide the following information on behalf of their worker which include, but is not limited to: First and Last Names of all workers performing work on behalf of the

Town; Certificates of Qualification from the relevant industry authority related to

their professional certifications, where applicable. (e.g. Ontario College of Trades, Technical Standards and Safety Authority, Professional Engineers Association, etc.)



Proof of Training for all Occupational Health & Safety requirements related to the work they are required to perform and exposure to potential workplace hazards (e.g. WHMIS, fall prevention, confined space, etc.) where applicable.

Proof of Completion for Worker/Supervisor Safety Awareness Training, mandatory in Ontario since July, 2014. (whichever is applicable)

MOL Health & Safety Awareness Training

* Use of Sub-Contractors: Where the Contractor requires the services of Sub-Contractors to satisfy the terms of the quotation or tender, the Contractor shall ensure compliance with, and acknowledges that, it will not be permitted to use such Sub-Contractor until such Sub-Contractor and its workers have been Verified by Compliance Sync as being in compliance with the standards set forth by the Town and that said Sub-Contractor is Approved by the Town to be in compliance with the requirements of the Contract and remains current and valid with compliance requirements for the duration of the Contract period. It shall be the responsibility of the Contractor to ensure the Sub-Contractor is aware and abides by the terms of this quotation/tender. Contractors, and their proposed Sub-contractors, will be required to provide all compliance information and documentation to Compliance Sync, and to be Verified by Compliance Sync as having all documentation current and valid, within 30 days of being notified in writing as being the successful Contractor. Where a Contractor and/or Sub-Contractor is unsuccessful in meeting the Verification requirements of Compliance Sync within the 30 day period the Contractor shall be considered in default of its’ tender and the default provisions of the Contract shall govern. * Excludes tenders with a value in excess of $50,000.00 - Notice of Project As per the OHSA, Construction Reg. 213/91 ‘Notice of Project’ refers to the Constructor Definition of Constructor as per the OHSA: ‘means a person who undertakes a project for an owner and includes an owner who undertakes all or part of a project by himself or by more than one employer’ For these ‘Notice of Project’ tender/quotation contracts, the Town of Midland will require only the Constructor to provide all compliance information and documentation to Compliance Sync and to be Verified by Compliance Sync. Constructors who are required by the terms of the tender/quotation to file a Notice of Project will be solely responsible for ensuring their Sub-Contractors have satisfied the Constructors requirements.

For more information about becoming a Verified Contractor please contact Compliance Sync at 1-844-400-4484 or visit www.compliancesync.com



Any questions regarding this clause may be directed to Charmen LeBlanc, Health and Safety/HR Coordinator, Town of Midland at [email protected] or 705-526-4275 ext 2228.

21. INCREASE/DECREASE IN HOT MIX ASPHALT PRICES BASED ON LIQUID ASPHALT PRICE INDEX

The Town will adjust the payment for asphalt to the Contractor based on changes to the Ministry of Transportation’s (MTO) performance graded asphalt cement price index unless the Contractor opts out by notifying the Town in writing within five business days of receiving permission to start work. Once the Contractor has opted out of payment adjustments based on the index, the Contractor will not be permitted to opt back in. The price index will be published monthly in the MTO Contract Bulletin and displayed on the OHMPA (www.ohmpa.org) and MTO websites (www.raqs.mto.gov.on.ca). The price index will be used to calculate the amount of the payment adjustment per tonne of new asphalt cement accepted into the Work.

The price index will be based on the price, excluding taxes, FOB the depots in the Toronto area, of asphalt cement grade PG 58-28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades.

Asphalt Price Index Table - 2017 March 7, 2017

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

January $435.90 $739.85 $540.75 $624.25 $615.95 $723.75 $679.50 $832.75 $648.75 $481.55

February $435.90 $739.85 $540.75 $624.25 $615.95 $723.75 $679.50 $832.75 $648.75 $481.55

March $435.90 $739.85 $540.75 $624.25 $615.95 $723.75 $747.00 $810.00 $624.40

April $676.47 $707.25 $751.75 $685.50 $762.50 $731.55 $759.75 $795.50 $598.00

May $633.30 $698.00 $747.05 $693.13 $782.50 $731.25 $769.60 $767.60 $574.05

June $691.53 $668.25 $678.30 $688.75 $779.75 $731.25 $788.50 $739.05 $559.05

July $845.53 $592.65 $656.80 $679.25 $753.75 $707.50 $811.75 $732.35 $555.00

August $932.24 $581.25 $624.30 $665.95 $748.75 $699.60 $834.20 $729.90 $537.80

September $930.35 $551.50 $615.50 $641.50 $733.15 $709.55 $850.50 $711.25 $508.75

October $856.75 $523.90 $626.25 $618.15 $723.75 $693.15 $857.40 $682.80 $495.65

November $739.85 $540.75 $624.25 $615.95 $723.75 $679.50 $832.75 $648.75 $481.55

December $739.85 $540.75 $624.25 $615.95 $723.75 $679.50 $832.75 $648.75 $481.55

This information is also available directly on the MTO website


INSTRUCTIONS TO BIDDERS A payment adjustment per tonne of new asphalt cement will be established for each month in which paving occurs when the price index for the month differs by more than 5% from the AC price index for the month prior to tender opening. When the price index differential is less than 5%, there will be no payment adjustment for that month. Payment adjustments due to changes in the price index are independent of any other payment adjustments made to the hot mix tender items. The payment adjustment for the month will be calculated from the following formulae: Asphalt Cement Price Adjustment, PA (After June 30, 2010) Ip Paving Within Approved Contract Time Paving Beyond Approved Contract Time Ip>1.051TO PA=(Ip-1.051TO)xTAC PA=(1AT-1.051TO)xTAC Ip<0.951TO PA=(0.951TO-Ip)xTAC Where: PA = payment adjustment for new asphalt cement, in dollars ITO = performance graded asphalt cement price index for the month prior to Tender

Opening Ip = performance graded asphalt cement price index for the month in which paving

occurs IAT = performance graded asphalt cement price index for the month of expiry of

approved Contract Time TAC = quantity of new asphalt cement in tonnes

The quantity of new asphalt cement includes all grades of asphalt cement supplied by the Contractor with and without polymer modifiers. For each month in which a payment adjustment has been established, the quantity will be calculated using the hot mix quantity accepted in the Work and its corresponding asphalt cement content as required by the job mix formula except for mixes which contain reclaimed asphalt pavement. When the unit of measurement is “square metres”, the quantity of new asphalt cement in the hot mix shall be determined using the theoretical tonnage of hot mix asphalt, TTMIX accepted into the work during the month for which the payment adjustment was calculated. TTMIX shall be calculated by the Contract Administrator using the actual square metres placed and mean of the actual production MRD rounded to one decimal according to LS-100 as follows: TTMIX = (0.93) x (AMIX) x (MRDMAP) Where: AMIX is the product of the actual lift thickness measured and the pavement surface area paved. MRDMAP is the mean of the actual production MRD as determined from testing of the plate samples or the compaction cores.



For mixes which contain reclaimed asphalt pavement, or roof shingle tabs or both, the quantity of new asphalt cement will be determined from the difference between the asphalt cement content required by the job mix formula and the asphalt cement content of the reclaimed asphalt pavement, or the roof shingle tabs or both incorporated into the hot mix, as calculated by the Contract Administrator.

For mixes containing a liquid anti-stripping additive, the quantity of anti-stripping additive will be deducted from the quantity of new asphalt cement. No other deductions will be made for any other additives. For progress payment purposes, payment adjustments will be made on the monthly progress payment certificate for the months in which hot mix paving occurs.


TENDER FORM TO BE COMPLETED BY TENDERER TENDER SUBMISSION CHECK LIST: Tender Submitted By: ________________________________________________ (name of Company) Date: _____________________________________ Total Tender Bid $ _________________________ Bid Bond $ ________________ or Certified Cheque $_______________ Addendum(s)* ___________________ to ____________________, inclusive * Tenderer to fill in blanks or enter “NIL” as applicable. Agreement to Bond (if applicable) - Enclosed NOT REQUIRED FOR OFFICE USE ONLY Date/Time Tender Received: ___________________________________ Reviewed By: __________________________________________ Member of Council


TENDER FORM TO: Mayor and Members of Council

The Corporation of the Town of Council Tendered by: Gentlemen: The undersigned has carefully examined the Instructions to Bidders, Tender Form and Schedule of Unit Prices, General Conditions, Supplementary Drawings, Specifications and Special Provisions for this Contract and acknowledges the same to be part of the Contract. Further, the undersigned has visited the site and studied all conditions which affect the work, and is fully informed as to the nature of the Work and the conditions relating to its performance. The undersigned hereby proposes to furnish all plant, labour and materials including in every case, freight, duty, exchange and sales tax in effect, except as otherwise specified and to complete the work in strict accordance with requirements of the Contract at the unit prices named in the Schedule of Unit Prices for the sum of: (in writing) ($ ) (per Tender Summary, TOTAL TENDER AMOUNT)


TENDER FORM The undersigned agrees to the following: 1. To execute the Agreement in duplicate and to furnish in duplicate to the Owner,

the required Bonds as specified in the Instructions to Bidders and a certified copy of the Insurance Policy required under the Contract within seven (7) days not including Sunday or a legal holiday from the date of mailing of the notice of acceptance of this Tender by the Owner to the address stated hereunder.

2. To the fullest extent permitted by law, the successful Tenderer agrees to defend (including attorney’s fees), pay on behalf of, indemnify and hold harmless The Corporation of the Town of Midland, its elected and appointed officials, employees and volunteers and others working on behalf of The Corporation of the Town of Midland against any and all claims, demands, suits or loss, including all costs connected therewith and for any damages which may be asserted, claimed or recovered against or from The Corporation of the Town of Midland, its elected and appointed officials, employees, volunteers or others working on behalf of The Corporation of the Town of Midland, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract.

3. Should this Tender be accepted by the Owner, the deposit accompanying this Tender will be forfeited to the Owner should the Contract not be executed as stated in (1.) above.

4. This offer is to continue open to acceptance until the Contract is executed by the

successful bidder or for a period of Thirty (30) days commencing from the Date of Closing of Tenders, whichever event first occurs and that the Owner may, at any time within that period accept this Tender whether any other Tender has been previously accepted or not.

5. If this Tender is withdrawn by the undersigned before the Contract is executed by

the successful bidder or for a period of Thirty (30) days, commencing on the Date of Closing of Tenders, whichever event first occurs, the amount of deposit accompanying this Tender shall be forfeited to the Owner.

6. The Owner may reject any or all Tenders without explanation. 7. If so requested in writing by the Municipality the undersigned will enter into a

Contract with the Municipality based upon his tender but jointly in the names of the Tenderer and the Tenderer's parent company, if any. The Tenderer further agrees that any request by the Municipality as indicated above is not and shall not be deemed to be a counter-offer by the Municipality.

8. This Tender is subject to a formal contract being prepared and executed.


TENDER FORM 9. The Tender pricing includes a Contingency Allowance of $10,000 and no part of

this Allowance shall be expended without written direction from the Director of Operations and that any part not so expended shall be retained by the Town.

10. The undersigned declares that no person, firm or corporation other than the

Tenderer has any interest in this Tender or in the proposed contract for which this Tender is made.

11. The undersigned declares that this Tender is made without any connection,

comparison of figures or arrangements with, or knowledge of, any other corporation, firm or person making a tender for the same work and is in all respects fair and without collusion or fraud.

12. The undersigned declares that no member of the Municipal Council and no

officer or employee of the Municipality or of the Consulting Engineer is or will become interested directly or indirectly as a contracting party, partner surety or otherwise in or in the performance of the Contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof, or in any of the monies to be derived there from.

This Tender is submitted by (Please Print): Company Name Mailing Address City/Town – Province Postal Code Telephone Fax E-Mail Address Date ____________________________________ __________________________ Signature Name of Signatory (Please Print)

Company Seal _____________________________________ __________________________ Signature Name of Signatory (Please Print)


TENDER FORM

SCHEDULE OF UNIT PRICES

1. WILLIAM STREET (Bay Street to Frank Street)

ITEM # SPEC # DESCRIPTION UNIT EST. QUANTITY

UNIT PRICE

AMOUNT BID

1.1

510 SP

Grind/Mill 50 mm depth existing asphalt (Town to supply up to 5 trucks to haul the grindings)

sq. m. 1800

1.2 408 SP

Adjust Catchbasins Including curb and gutter (by others)

ea

6 Allowance $5,000.00

1.3 408 SP

Adjust Maintenance Holes to match new grade

ea 2

1.4

310 SP

HL3 Asphalt Surfacing Supply and Place 50mm to match existing

tonnes 180

1.5

SP

Allowance for new Frames and Grates (supplied by others)

l.s. 1 Allowance $1,980.00

TOTAL WILLIAM STREET (Bay Street to Frank Street - All) $ (Enter amount on Tender Summary) NOTE: SPEC# - Numbers refer to Ontario Provincial Standard Specifications (O.P.S.S.) - SP indicates a Special Provision to the O.P.S.S., and is described in the tender document


TENDER FORM


2. CHARLES STREET (Bay Street to Hugel Avenue) ITEM # SPEC # DESCRIPTION UNIT EST.

QUANTITY UNIT PRICE

AMOUNT BID

2.1

510 SP


sq. m. 1700

2.2 408 SP


ea 5 Allowance $4,500.00

2.3 408 SP


ea 3

2.4 SP

Adjust Water Valves to match new grade

ea 4

2.5

310 SP

HL3 Base Asphalt Surfacing Supply and Place 50mm

tonnes 220

2.6

SP



TOTAL CHARLES STREET (Bay Street to Hugel Avenue) $ (Enter amount on Tender Summary)


TENDER FORM


3. FOURTH STREET (Fifth Street to Ontario Street) ITEM # SPEC # DESCRIPTION UNIT EST.

QUANTITY UNIT PRICE

AMOUNT BID

3.1

510 SP


sq. m. 2600

3.2

408 SP


ea 4 Allowance $3,500.00

3.3

314 SP

Supply and Place Granular-A Grade and compact to achieve 3%slope

tonnes 150

3.4 310 SP


tonnes 330

3.5

310 SP


tonnes 260

3.6

408 SP


ea 3

3.7

SP



TOTAL FOURTH STREET (Ontario Street to Fifth Street) $ (Enter amount on Tender Summary)


TENDER FORM


4. OPERATIONS DEPOT (1099 MacDonald Road – Various Areas) ITEM # SPEC # DESCRIPTION UNIT EST.

QUANTITY UNIT PRICE

AMOUNT BID

4.1

310 SP

HL8 Asphalt Surfacing Supply and Place 50mm Outdoor Space (parking lot andaccess road)

sq. m 8900

4.2

310 SP

HL8 Asphalt Surfacing Supply and Place 50mm Indoor Space (Cold Storage andSand Storage Buildings)

sq. m

1800

4.3

310 SP

HL3A Asphalt Surfacing Supply and Place 40mm Indoor Space (Cold Storage andSand Storage Buildings)

sq. m 1800

TOTAL OPERATIONS DEPOT (1099 MacDonald Road – Various Areas) $ (Enter amount on Tender Summary)


TENDER FORM TENDER SUMMARY (From Schedule of Unit Prices) 1.

William Street (Bay Street to Frank Street)

$

2.

Charles Street (Bay Street to Hugel Avenue)

$

3.

Fourth Street (Ontario Street to Fifth Street)

$

4.

Operations Depot (1099 MacDonald Road – Various Areas)

$

Contingency Allowance $ 10,000.00

Cost of Performance Bond

$ n/a

TOTAL TENDER AMOUNT (Enter on First Page of Tender Form)

$


TENDER FORM List of Proposed Sub-Contractors The General Information to Tenderers requires the Tenderer to list on this statement sheet the name of each proposed sub-contractor. Listed hereunder are the names of all sub-contractors, (asphalt supplier, concrete ready mix supplier, restoration contractor, etc.) as applicable, who the Tenderer proposes to use. Sub-Trade

Proposed Sub-Contractor

Address/Phone #

Approximate Value

of Sublet Work Asphalt Paving

$

Granulars Placement

$

Concrete Placement

$

Sidewalk Removal

$

Excavation

$

Landscaping

$

Other (Specify)

$


TENDER FORM List of Proposed Suppliers

The General Information to Tenderers requires the Tenderer to list on this statement the name of each proposed material supplier. Listed hereunder are the names of all materials, (pipe, pre-cast concrete, hydrants, valves, maintenance holes, etc.) as applicable, which the Tenderer proposes to use.

Material Proposed Supplier

Address/Phone #

Manufacturer (where

applicable) Asphalt

Granulars

Concrete

Topsoil & Sod

Other (Specify)

List of Proposed Personnel

Position

Name Years

with Company Project Manager

Foreman


TENDER FORM Tenderer’s Experience in Similar Completed Work

Location

Owner’s Engineer

Description of Contract

Completion Date

$ Value

THIS FORM SHALL BE SUBMITTED WITH THE TENDER BID


THIS FORM MUST BE COMPLETED AND SUBMITTED TO COMPLIANCE SYNC. Health and Safety Form


FORM OF TENDER Sample Only – Bid Bond is to be prepared on Bonding Company Letterhead

SAMPLE

BID BOND $10,000.00

No. KNOW ALL MEN BY THESE PRESENTS, that_________________________ as Principal, hereinafter called Principal, and ________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto ______________ as Obligee, hereinafter called Obligee, in the full and just sum of ________________ __________________________________ xx/100 Dollars ($___________________), lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED this ____________ day of _____________, 20_____. WHEREAS the Principal has submitted a written tender to the Obligee, dated the __________ day of ___________________, 20_____, for NOW THEREFORE, the condition of this obligation is such that if the Principal shall have the said tender accepted within sixty days from the closing date of the tender call and shall enter into a contract with the Obligee and furnish a Performance Bond and a Labour and Material Payment Bond each in the amount of 100% of the contract and satisfactory to the Obligee or other acceptable security, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the Surety shall not be (a) liable for a greater sum than the specified penalty of this bond nor (b) liable for a greater sum than the difference between the amount of the Principal’s tender and the amount of the tender that is accepted by the Obligee nor (c) subject to any suite or action unless such suit or action is instituted and a process therefore served upon the Surety at its Head Office in Canada, within twelve months from the date of this bond. IN TESTIMONY WHEREOF, the principal has hereto set its hand and affixed its seal, and the Surety has caused these presents to be sealed with its corporate seal duly attested by the signature of its authorized signing authority, the day and year first above written. _________________________________ ________________________________ Name of Contracting Company (Co. Seal) Name of Bonding Company (Co. Seal) _________________________________ ________________________________ Signature Signature


FORM OF TENDER SAMPLE ONLY - NOT REQUIRED FOR THIS CONTRACT

SPECIMEN

AGREEMENT TO BOND

We, the undersigned, hereby agree to become bound as Surety for ________________________________________________________________________ in a Performance Bond in an amount equal to 50% of the Total Contract Price and a Payment Bond in an amount equal to 50% of the Contract amount, and conforming to the instruments of Contract attached hereto, for the full and due performance of the works shown as described herein if the Tender for _______________________________________ is accepted by the Owner. It is a condition of this Agreement that if the above mentioned Tender is accepted, application for a Performance and Payment Bond must be completed with the undersigned within fifteen (15) days of acceptance of the tender related thereto, otherwise this Agreement shall be null and void. DATED this ________________ day of ____________________, 20______. ________________________________ ______________________________________ Name of Contracting Company Name of Bonding Company ________________________________ ______________________________________ For Contracting Co. Signature of Authorized Person (Seal) Signing for Bonding Company (Seal) ________________________________ ______________________________________ Position Position


FORM OF AGREEMENT


FORM OF AGREEMENT THIS AGREEMENT made in triplicate the day of , 2017 BY AND BETWEEN:

hereinafter called the "Contractor"

and

The Corporation of the Town of Midland

hereinafter called the "Town" WITNESSETH That, the Contractor for and in consideration of the payment specified in his Tender for this Work, hereby agrees to furnish all necessary plant, labour and materials, except as otherwise specified, and to complete the said Work in strict accordance with the Contract Documents, all which are to be read herewith and form part of this present agreement as fully and completely to all intents and purposes as though all the stipulations thereof have been embodied therein. The Contractor further agrees that he will deliver the whole of the work schedules completed in accordance with the Agreement. IN CONSIDERATION WHEREOF, the Town agrees to pay to the Contractor for all Work done, an amount of:

($ ) xx/100 DOLLARS plus applicable taxes, as indicated in the Form of Tender or as may be adjusted in accordance with the Contract Documents. The Contractor acknowledges that the above amount contains a contingency allowance of $10,000.00. This contingency allowance is not to be construed as money owing to the Contractor but has been added to the tender bid amount to provide for payment of works required to complete the project to the satisfaction of the Town that may not become apparent until the work in the field has commenced. The Contractor acknowledges that the above amount contains allowances for work to be undertaken by others. These allowances are not to be construed as money owing to the Contractor but have been added to the tender bid amount to provide an accurate number for budget purposes only.


FORM OF AGREEMENT THIS AGREEMENT SHALL inure to the benefit of and be binding upon the heirs, executors, administrators, and assigns of the Contractor and on the heirs and successors of the Owner.

The Contractor agrees that, to the fullest extent permitted by law, the Contractor will defend (including attorney’s fees), pay on behalf of, indemnify and hold harmless The Corporation of the Town of Midland, its elected and appointed officials, employees and volunteers and others working on behalf of The Corporation of the Town of Midland against any and all claims, demands, suits or loss, including all costs connected therewith and for any damages which may be asserted, claimed or recovered against or from The Corporation of the Town of Midland, its elected and appointed officials, employees, volunteers or others working on behalf of The Corporation of the Town of Midland, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract.

IN WITNESS WHEREOF, the Contractor and the Town have hereunto signed their names and set their seals on the day first above written.

Signed and Sealed by the Contractor, INSERT NAME OF SUCCESSFUL BIDDER HERE In the Presence of ________________________________ SIGNATURE Please print name of signatory above WITNESS Company Seal ________________________________ SIGNATURE Please print name of signatory above WITNESS I/We have authority to bind the Corporation. Signed and Sealed by The Corporation of the Town of Midland In the Presence of _________________________________ MAYOR _________________________________ Corporate Seal CLERK


SUPPLEMENTARY SPECIFICATIONS

AND

O.P.S. SPECIFICATIONS


O.P.S. SPECIFICATIONS SUPPLEMENTARY SPECIFICATIONS AND SPECIAL PROVISIONS

1.0 O.P.S. SPECIFICATIONS The standard specifications applicable to this Contract are the Ontario Provincial Standard Specifications (OPSS) as listed below. These specifications have not been included in this document but copies are available upon request from the Municipal Office. Short Form Title O.P.S.S. 206 Grading O.P.S.S. 310 Hot Mixed, Hot Laid Asphaltic Concrete Paving O.P.S.S. 314 Untreated Granular O.P.S.S. 351 Concrete Sidewalk O.P.S.S. 353 Concrete Curbing O.P.S.S. 408 Adjusting or Rebuilding Manholes, Catchbasins O.P.S.S. 510 Removal O.P.S.S. 532 Pavement Marking O.P.S.S. 570 Topsoil O.P.S.S. 571 Sod O.P.S.S. 1010 Aggregates Please note that material and other specifications referenced in the above standard construction specifications have not been specifically listed, however, are deemed to be part of this Contract.


2.0 SUPPLEMENTAL SPECIFICATIONS 2.1 GENERAL The following Specifications apply specifically to the individual items of work listed in the Form of Tender. The purpose of these Supplemental Specifications is to list out the work which shall be performed, or to infer beyond reasonable doubt that the work which is required under an item in the Form of Tender for the Contract Price. The price bid for all work included in the Form of Tender, unless otherwise directed in the following Specifications, shall be compensation in full for the complete supply of all labour and equipment and certain materials, necessary to construct the work as specified in, shown in, or is reasonably inferable from, these Contract Specifications, and on the Contract Drawing. The Contractor's attention is drawn to the presence of underground utilities and utility pole lines on this Contract. It is the Contractor's responsibility to obtain stakeouts of the utilities from the companies involved. The Contractor shall co-ordinate his work with the Utility firm concerned should there be any bracing, removal or relocation of the pole lines or underground utility required. There will be no payment to the Contractor for any delays due to the relocation of utilities. 2.2 TENDER ITEMS: SPECIAL PROVISIONS 2.2.1 Mill or Grind/Mill Existing Asphalt (Tender Items 1.1, 2.1 and 3.1) This item shall be to apply ‘Mill’ or ‘Grind/Mill’ method (grinding or milling, whichever method the Contractor believes will give the best finished product) to the existing surface to a continuous depth (as set out in the schedule) complete with end and side joints to achieve a 3% crown including compaction of the regraded material to 98% SPMDD. Payment shall be by the square metre. The Town will supply up to 5 trucks to haul away the excess grindings. 2.2.2 Allowance to Raise/Adjust Catchbasins/Double Catchbasins c/with Curb (Tender Items 1.2, 2.2 and 3.2) The work specified in these items will be undertaken by others. An allowance has been provided in the schedule for budgeting purposes only. The Contractor understands that this amount is provided for budgeting purposes only and will not be deemed an amount owing to the Contractor under the Tender Agreement.


SUPPLEMENTAL SPECIFICATIONS 2.2.3 Adjust Maintenance Holes (Tender Items 1.3, 2.3 and 3.6) For the unit price bid, the Contractor shall remove the maintenance hole frame and cover and all brickwork (if required) and patch the base asphalt. The unit price is to include any required moduloc to bring the structure to match the new grade. Parging required shall include fibre mesh in the mix, and shall be done on the inside and outside of the structure. Should a new cover be required, it will be supplied by the Town. 2.2.4 Hot Mix HL8 Asphalt (Tender Items 3.4, 4.1 and 4.2) Hot Mix HL3 Asphalt (Tender Items 1.4, 2.5 and 3.5) Hot Mix HL3A Asphalt (Tender Item 4.3) The Contractor shall supply and place HL8 and/or HL3 Asphalt, as specified in the Tender Form Schedule, to the depth indicated in the form of tender, in compliance with O.P.S.S. 310. End grinding, if required, shall be paid under the milling item or pulverizing item. In some cases, a separate line item has been included for end joints. The Contractor shall also remove any existing asphalt ramping under this item. Measurement for payment will be made on the basis of tonnes of asphalt placed (except for the paving of Operations Depot, Tender Items 4.1, 4.2 and 4.3, in which case payment will be made on the basis of square metres of asphalt placed). Payment at the unit price bid for this item shall be full compensation for all labour, equipment and materials required to perform the prescribed work. No extra payment will be made for padding the road as may be required to achieve the desired profile. Line painting (where required) will be completed by others. 2.2.5 Adjust Water Valve Stops (Tender Item 2.4) The unit price shall include the supply and placement of water valve shut-offs mainstop inserts as required to bring the valve box to match the new grade. All work on the water valve shut-offs shall be coordinated and supervised with the Town’s Water Operations. The Contractor must provide at least 24 hours notice before any works on the water valve shut-offs can be undertaken. NOTE: ONLY TOWN OF MIDLAND WATER PERSONNEL ARE PERMITTED TO OPERATE THE WATER VALVES. 2.2.6Allowance for New Frames and Grates (Tender Items 1.5, 2.6 and 3.7) An allowance for the supply of new catchbasin frames and grates has been provided in the schedule for budgeting purposes only. The Contractor understands that this amount is provided for budgeting purposes only and will not be deemed an amount owing to the Contractor under the Tender Agreement.


SUPPLEMENTAL SPECIFICATIONS 2.2.7 Supply and Place Granular ‘A’ (Tender Item 3.3) The unit price for this for Granular ‘A’ shall include all cost for supply, placement, grading and compacting Granular ‘A’. The Contractor should include costs for grade preparation and compaction to 98% SPMDD to achieve a 3% crown under this item.


SUPPLEMENTAL SPECIFICATIONS 3.0 OTHER REQUIREMENTS 3.1 Permits and Fees The Contractor shall obtain all necessary permits and approvals required for this contract and pay all respective fees. 3.2 Engineer's Field Office A field office shall not be required for this Contract. 3.3 Layout Work The Engineer shall provide the vertical and horizontal alignment control for the contractor. The contractor shall be required to do all other layout required to complete the project. 3.4 Winter Work Not Applicable. 3.5 Materials Supplied by the Contractor The Contractor shall base his tender on the materials specified as to quality and price. The Contractor may, however, after acceptance of his tender, request permission to substitute alternative material where "other approved" is allowed in the specification. Should the Director of Operations not approve such alternative material, the Contractor shall have no claim whatsoever against the Owner. 3.6 Testing of Material If the Director of Operations requires documentary evidence to the effect that materials supplied by the Contractor comply with the terms of the Specifications such evidence must be provided by the Contractor in the form of a certified copy of a laboratory report from a recognised testing company acceptable to the Director of Operations. The Town shall pay for the cost of such testing including sampling and shipping of samples. The Contractor shall submit samples of Granular materials prior to the project commencing. No material shall be placed until approved. Any re-tests required shall be at the contractor’s expense.


SUPPLEMENTAL SPECIFICATIONS 3.7 Temporary Water and Power The Contractor shall make his own arrangements for the supply of temporary water and power. 3.8 Existing Utilities and Sewers The Contractor's attention is drawn to the presence of numerous underground and overhead utilities on the Contract. The Contractor shall be responsible for obtaining information in regard to the exact location of buried utilities and sewers including existing service connections. This shall include excavation of inspection holes if necessary. The Contractor must exercise necessary care in construction operations to safeguard utilities and sewers from damage. The Contractor will be liable for all damage to same occurring within or outside the Contract limits caused by his operations. Existing hydro poles, telephone poles and light standards requiring relocation will be relocated by others prior to the start of construction or during construction. The Contractor shall work around such poles until they are relocated. The Contractor is hereby warned that the existing gas mains and telephone cable will remain in their existing locations. Excavation in the vicinity of gas mains and telephone cable may require lighter machines and in some case handwork. If a permanent relocation or replacement of an existing utility or existing sewer becomes necessary, at the discretion of the Director of Operations, during the Work the Contractor shall cooperate with the Owner's forces or the Utility Company to allow them the opportunity to make the necessary alterations to their plant. The Contractor shall be required to provide for maintenance of traffic around work performed by others by means of signs, lights, barricades and flagmen as required. In the event that all necessary permanent relocation of utilities have not been completed prior to the time when the Contractor commences the Work, the Contractor will be required to cooperate with the Utility Companies and work around the utilities so that the existing services are protected until such time as such re-locations are completed. No claims for extra payment or for additional Working Days will be allowed for this requirement. It shall be the Contractors responsibility to contact all Utility Companies regarding their scheduling of work.


SUPPLEMENTAL SPECIFICATIONS 3.9 Provision for Traffic The Contractor will be responsible for providing and maintaining signs, flashing lights, flagmen, etc. in accordance with the Ministry of Transportation Ontario, Ontario Traffic Manual, Temporary Conditions Book 7, March 2001, as required by the Town. Sufficient signage must be installed properly to warn the public approaching the Contract site. The Contractor shall also erect suitable barricades, signs, snow fence, etc., along travelled traffic (pedestrian or vehicular) lanes, if construction is proceeding adjacent to the travelled lanes. Streets may be closed to through traffic, however, cross streets shall remain open unless otherwise approved by the Director of Operations. All pedestrian traffic within the Contract Limits must be maintained at all times during construction. No extra compensation shall be paid to the Contractor under this Contract for performing the work in accordance with the requirements described. Daily local vehicular access must be maintained within the limits of this contract. Vehicular access to private drives shall not be cut off for longer than 48 hours. The Contractor shall take care not to trap vehicles in private drives or garages. If a vehicle should become trapped the contractor shall immediately, upon the requirement of either the vehicle's owner or the Town, provide access to the road. The contractor must have two lanes, a minimum width of 6 metres, open to traffic at night, weekends and statutory holidays. 3.10 Dust Control The Contractor will be responsible for dust control at all times during construction. The Contractor shall make provision for maintenance of the roadway during weekends and other non-working days. 3.11 Disposal of Materials The Contractor shall place salvaged material including manhole frames and covers in the public works yard. The Contractor shall dispose of all unsuitable or surplus material at his own cost. The municipality has first right of refusal for any salvaged material. 3.12 Measurement and Payment No measurement of quantities will be made for the General Work. No direct payment will be made for any of the General Work. The Contractor shall allow in his prices bid in the Schedule of Unit Prices for the cost of all General Work described herein or specified elsewhere in the Contract. Payment for general or incidental work is deemed to be included within the items listed in the Schedule of Unit Prices.


STANDARD DRAWINGS AND CONTRACT DRAWINGS


STANDARD DRAWINGS The standard drawings applicable to this Contract are the Ontario Provincial Standard Drawings (OPSD) as listed below. These Standard Drawings are available on-line. O.P.S.D. 400.100 CAST IRON, SQUARE FRAME WITH SQUARE FLAT GRATE FOR CATCH BASINS, PERFORATED OPENINGS O.P.S.D. 600.040 CONCRETE BARRIER CURB WITH STANDARD GUTTER O.P.S.D. 705.02 PRECAST CONCRETE CATCHBASIN 600mm x 600mm O.P.S.D. 708.01 CATCH BASIN CONNECTION - RIGID PIPE SEWER


SKETCH RELATED TO OPERATIONS DEPOT AT 1099 MACDONALD ROAD SCHEDULE 4 – VARIOUS AREAS


GENERAL CONDITIONS SUPPLEMENTARY


GENERAL CONDITIONS SUPPLEMENTARY INDEX 1. General Conditions ................................................................................................... 55 2. Designation of Parties .............................................................................................. 55 3. Open Excavations ..................................................................................................... 55 4. Location and Storage of Materials & Equipment ....................................................... 55 5. Payments .................................................................................................................. 55 6. Night, Sunday and Holiday Work .............................................................................. 56 7. Defective Work .......................................................................................................... 57 8. Site Meeting ............................................................................................................. 58 9. Progress of Work and Liquidated Damages .............................................................. 58 10.Labour Conditions and Fair Wages .......................................................................... 58 11.Workers' Safety and Insurance Board Clearance Certificate .................................... 58 12.Town Health and Safety Policy and Procedures Manual .......................................... 59


GENERAL CONDITIONS SUPPLEMENTARY 1. GENERAL CONDITIONS The words General Conditions in this Contract mean the Ontario Provincial Standard General Conditions of Contract. The O.P.S. General Conditions have not been bound in this document, however, are available upon request. If there is any discrepancy between the General Conditions and the General Conditions Supplementary, the General Conditions Supplementary will apply. 2. DESIGNATION OF PARTIES Where the word "Owner" is used in this Contract, it shall mean THE TOWN OF MIDLAND. Where the word "Contractor" is used in this Contract, it shall mean in every case the General Contractor, but where referred to in the trades it shall also mean the Subcontractor. 3. OPEN EXCAVATIONS The Contractor shall schedule his work so that there will be no open excavation adjacent to a lane carrying traffic overnight and on non-working days except where new sewers are being installed. Excavations within 3 m of lanes carrying traffic shall be back-filled with the specified material up to profile grade and compacted prior to closing down operations. 4. LOCATION AND STORAGE OF MATERIALS AND EQUIPMENT Materials and/or Equipment shall not be stored within 3 metres of the travelled portion of any roadway. Notwithstanding the foregoing, the Contractor shall, at his own expense, remove any equipment or material which, in the Director of Operations opinion, constitutes a traffic hazard. 5. PAYMENTS On the 25th day of each month the Director of Operations shall prepare a payment for the value of the work completed up to and including the 24th day of the month. Authorization of any Progress Certificate by the Director of Operations shall not bind the Director of Operations in his valuation of the Works for the purpose of the final certificate, and the Director of Operations may by any certificate make corrections or modifications to the previous progress certificate he has approved.


GENERAL CONDITIONS SUPPLEMENTARY The Contractor shall be required to acknowledge each payment certificate prior to issuance of payments by acknowledging the following wording:

“This Progress Payment, in addition to previous Payments to date (as applicable), shall constitute full and complete settlement for any and all costs referred to and/or described herein including, but not limited to, all applicable taxes, insurance, delivery supervision, overhead and profit, labour impact, material, changes, delays, acceleration and inefficiency or any claims therefore and the trade contractor waives any and all claims or such items associated with or related to the Work covered by this Payment, all previous Payments and base contract and all conditions incurred to date.”

Once a Payment Certificate is issued, no claim for any extras will be permitted for any work up to and including the work paid by the most recent Payment Certificate. Ten percent (10%) of all monies due to the Contractor in accordance with the Progress Certificate shall be retained by the Owner and shall be termed Holdback. The Holdback shall be reduced to Two and one-half percent (2.5%) all monies due to the Contractor Forty-five (45) days after the Certification of Completion, or after the date of publication of the Certificate of Substantial Performance by the contractor and on production of proof satisfactory to the Owner to the effect that there are no liens, garnishees, attachments of charges or monies due to the said Work or Contract and on production to the Owner of Clearance from the Workers' Compensation Board. The balance of the Holdback or such portion of it as still remains shall be paid to the Contractor at the expiration of the 12 month Warranty Period. As an alternative, upon the written request of the Contractor, the holdback will be reduced to 2.5%, 45 days after completion of the project (as defined by the Construction Lien Act). In this latter case, no advertising is required. 6. NIGHT, SUNDAY AND HOLIDAY WORK No night work will be permitted except in the case of an emergency and then only with the written permission of the Director of Operations and to such extent as he deems necessary. However the Director of Operations reserves the right to order any work under this Contract to be undertaken at night and the Contractor shall comply with such order and shall have no claim in respect thereof. The Contractor shall carry out all night work with adequate illumination and with due respect for the noise restrictions requested by local residents consistent with the faithful performance of the work. Night shall be defined as that time after sunset and before sunrise. No Sunday work will be permitted except in the case of emergency and then only with written permission of the Director of Operations and to such extent as he deems necessary.


GENERAL CONDITIONS SUPPLEMENTARY Except in cases of emergency and then only with the consent in writing of the Director of Operations, the Contractor shall not work on any Statutory Holiday. In the case the Contractor desires to work on a Statutory Holiday he shall request in writing the permission of the Director of Operations. This request shall be at least four (4) days in advance of such holiday stating those places where such work will be conducted. In case the Contractor fails to give such notice in advance no work within the terms of the above provisions shall not apply to any maintenance operations which the Contractor is required to perform under this Contract and following a written order by the Director of Operations the Contractor shall provide any maintenance required by the Director of Operations at any time including Nights, Sundays and Statutory Holidays. Prior to moving off the job before each weekend, Public Holiday or any other non-working day, the Contractor shall erect all signs, barricades and lights so that they will remain in place during the period of absence. The roadway shall be graded to provide a smooth travelling surface and water and calcium chloride added where necessary. The Contractor shall provide the Director of Operations with the name and telephone number of his project superintendent or other reliable supervisor who can be contacted during the Contractor's absence from the job. Such person shall be responsible for inspecting the job periodically during the Contractor's absence and shall check all signs, barricades and lights and repair the roadway surface, as required. No additional payment will be made for this work. 7. DEFECTIVE WORK The Contractor shall, at any time when so required by the Director of Operations, during construction or during the period of warranty (GC7.15), make such openings, and to such extent through any part of the Work as the Director of Operations may direct, which he shall forthwith make good again to the satisfaction of the Director of Operations. Should the work so opened be found in the opinion of the Director of Operations, faulty in any respect, the whole of the expense, including the cost of inspection, shall be borne by the Contractor; but if the work so opened up be found in perfect condition, the said expense shall be borne by the Owner. All defective work or materials discovered by these or any other means must be forthwith wholly removed, and made good by the Contractor, to the satisfaction of the Director of Operations and the whole cost of such renewal, including the cost of materials, labour, and inspection shall be borne by the Contractor. Should the Contractor refuse to make such renewals as are ordered by the Director of Operations, then the Director of Operations will proceed with the work in any manner he may deem fit. The cost of such work shall be paid by the Contractor or deducted from any monies due, or if necessary, deducted from the Contractor or his Surety jointly or severally in any court of competent jurisdiction as a debt due to the Owner.


GENERAL CONDITIONS SUPPLEMENTARY 8. SITE MEETINGS The Contractor shall attend a preconstruction and progress meetings as scheduled by the Director of Operations at the contract site to discuss the progress of the Work and coordinate the work of utilities. Minutes of Meetings shall be recorded and shall be binding on both parties to the Contract. 9. PROGRESS OF WORK AND LIQUIDATED DAMAGES It is agreed by the parties to the Contract that in case all the work called for under the Contract is not finished or completed by the completion date stipulated in the Tender Form, damage will be sustained by the Owner and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Owner will sustain in the event of and by reason of such delay and the parties hereto agree that the Contractor will pay to the Owner the sum of Three Hundred Dollars ($300.00) for liquidated damages for each and every calendar day's delay in finishing the work in excess of the date of completion prescribed and it is agreed that this amount is an estimate of the actual damage to the Owner which will accrue during the period in excess of the completion date stipulated. The Owner may deduct any amount due under this paragraph from any monies that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Owner. 10. LABOUR CONDITIONS AND FAIR WAGES Labour Conditions and Fair Wages are to be in accordance with the current schedule. A copy will be provided to the Contractor at the first site meeting. 11. WORKERS' SAFETY AND INSURANCE BOARD CLEARANCE CERTIFICATE The Contractor shall provide Compliance Sync with a copy of the Workers' Safety and Insurance Board Clearance Certificate indicating the Contractor's good standing with the Board: 1) Immediately prior to the Owner authorizing the Contractor to commence

any work. 2) Every 90 days (as applicable) during the term of the Contract, including

the maintenance period. 3) Prior to the issuance of the Certificate of Substantial Performance. 4) Prior to the expiration of the Maintenance Period. 5) At any other time when requested by Compliance Sync.


GENERAL CONDITIONS SUPPLEMENTARY 12. TOWN HEALTH AND SAFETY POLICY AND PROCEDURES MANUAL The Contractor shall ensure that all employees and Sub-Contractors employed under this contract are familiar with the above-titled document. Copies of this document will be made available as required. In addition: 1. The Contractor shall at all times during the performance of the work comply with

all applicable federal, provincial, or municipal occupational health and safety legislative requirements, applicable regulations, and all applicable industry standard and guidelines pertaining to the work.

2. Where the Contractor employs supervisors and employees, and if the Contractor

subcontracts to any Sub-Contractor, the Contractor shall ensure that appropriate policies and procedures relating to health and safety aspects of the work, appropriate training, and appropriate monitoring and enforcement of safety aspects of the work are carried out respecting supervisors, employees and any Sub-Contractors.

3. The Contractor of a tendered document shall submit a work site safety program

for control and supervision of all health and safety requirements at the work site to the Town of Midland for review prior to the commencement of work. After review of the safety program by the Town of Midland, it is understood that the Town of Midland shall not be involved in reviewing any aspect of safety compliance at the work site, and that the contractor shall be solely and exclusively responsible for controlling the work site and taking all necessary steps to ensure conformity by all supervisors, employees and any subcontractors with applicable requirements to ensure the safety of the work.

4. The Contractor shall be solely responsible for the means, methods, techniques,

sequences, procedures or coordinating the work performed under the work being hired to perform. The Contractor shall be solely responsible for ensuring that all supervisors, employees and any Sub-Contractors are informed of all known or foreseeable health and safety hazards at the work location.

5. The Contractor shall be solely and exclusively responsible for selection of Sub-

Contractors at the work site. 6. The Town of Midland shall have access to the work site for the purpose of

inspecting the work site to determine compliance with the terms of the tendered document or work being performed, at any time. It is understood that such access by the Town of Midland representatives is not for the purpose of reviewing any health and safety aspect of the work or work site.


GENERAL CONDITIONS SUPPLEMENTARY 7. The Contractor agrees to indemnify and save harmless the Town of Midland, its

officers, directors, employee, and agents from any liability, action, claim, prosecution, suit, loss, damages, payment cost, fine, fine surcharge, recovery of expense, including assessable legal fees, arising out of the performance of its obligations under this contract, including any negligent act or omission on its behalf or anyone for whom it is in law responsible.

8. Tender bidders are required to complete the Town of Midland’s Constructor

Contract (Health and Safety Form HS-14) as part of the Tender Bid Documentation and file same with Compliance Sync. A copy of the Constructor Contract (Health and Safety Form HS-14) is attached to the Tender Form Document.