retaining wall reconstruction 2010 42

8/8/2019 Retaining Wall Reconstruction 2010 42

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REGISTER AS A PLAN TAKER

Disclaimer

Any information or changes to the requirements of this bid opportunity

will be posted on the website in the form of an addendum.

IT IS IMPORTANT THAT YOU REGISTER SO THAT YOU MAY RECEIVE

AN EMAIL NOTIFICATION OF ANY NEW ADDENDA. YOU

ACKNOWLEDGE, HOWEVER, THAT SINCE THIS IS AN AUTOMATED

PROCESS THE CITY CANNOT GUARANTEE THAT YOU WILL BE

NOTIFIED.

Failure to register may result in non-acceptance of your

submission. The City of Cambridge is NOT responsible for computer

malfunctions or delays, therefore, it is your responsibility to check

the w ebsite for addenda prior to bid closing .


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TENDER 2010-42Retaining Wall Reconstruction

SEALED TENDERS marked clearly as to their contents in a sealed company envelope, will bereceived by the undersigned until:

2:00 p.m., Monday, August 23, 2010

The work includes : the reconstruction of approximately 129m of maximum height of 1.2mHanson Hardscape GRANDE Wall on Eagle Street at Queenston Road, 66m of maximumheight of 1.2m Hanson Hardscape GRANDE Wall on Harris Street at Concession Street, andother miscellaneous works.

Plans and specifications may be downloaded, free of charge, at the website address listed below. Bidders must be registered with the Purchasing Division, either in person or via the plan takerssection of the website in order for their bid to be considered valid.

Tenders will be publicly opened in Bergey Room B, 4th Floor at 2:30 p.m. on the day of closing.

For further information regarding this Tender, please contact Steven Huang, ConstructionEngineer at 519.740.4682, ext. #4616. For questions on submitting your bid, contact DeniseHellyer, Senior Buyer at 519.740.4637, ext. #4515.

LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED.

Tenders, Quotations and Proposals are to be dropped off at Purchasing Services Counter,50 Dickson Street, 4th Floor. Submissions received in Purchasing after the closing time will NOT

be accepted. The onus is on the bidder to ensure that the bid is received in the proper locationand before the closing time.

Tenders, Quotations and Proposals can now be viewed and/or downloaded from our website. Bidresults will be posted, when applicable, on the website after opening.

http://www.cambridge.ca/cs_corporate/purchasing_tenders_list.php?

John Avery, CPPBManager of Purchasing and Inventory


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Section AInstruction to Bidders

CITY OF CAMBRIDGETENDER 2010-42

Retaining Wall Reconstruction

INSTRUCTION TO BIDDERSINDEX

SUBMISSION OF BIDS ............................................................................................. 1:00

SUBMISSION OF TENDER....................................................................................... 2:00

DESIGNATED OFFICIAL........................................................................................... 3:00

PROJECT ENGINEER/CO-ORDINATOR.................................................................. 4:00

PAYMENT FOR PLANS AND SPECIFICATIONS ..................................................... 5:00

BID DEPOSIT ............................................................................................................ 6:00

BONDING REQUIREMENTS..................................................................................... 7:00

LIABILITY INSURANCE............................................................................................. 8:00

WORKPLACE SAFETY & INSURANCE BOARD ...................................................... 9:00

BIDDER'S RESPONSIBILITY .................................................................................. 10:00

TENDER REGULATIONS........................................................................................ 11:00

AWARD OF CONTRACT......................................................................................... 12:00

DURATION OF CONTRACT.................................................................................... 13:00

PAYMENTS ............................................................................................................. 14:00

INTEREST CHARGES............................................................................................. 15:00

LIENS....................................................................................................................... 16:00

ORDER OF PRECEDENCE..................................................................................... 17:00

ADDENDA/QUERIES............................................................................................... 18:00

LEGAL CLAIMS ....................................................................................................... 19:00

CONTRACTORS PERFORMANCE REPORT......................................................... 20.00


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TENDER 2010-42Retaining Wall Reconstruction

INSTRUCTION TO BIDDERS

CROSS REFERENCE

Acceptance of Tender .............................................................................................. 11:00

Addenda/Queries ................................................................................ 11:00 (xii) & 18:00

Award of Contract .................................................................................................... 12:00

Bid Deposit ................................................................................................................. 6:00

Bidders Responsibility ............................................................................................. 10:00

Bonding Requirements............................................................................................... 7:00

Certificate of Substantial Performance..................................................................... 14:00

Completion Date....................................................................................................... 13:00

Contractors Performance Report ............................................................................. 20.00

Damages.................................................................................................................. 12.00

Designated Official ..................................................................................................... 3:00

Discrepancies........................................................................................................... 10:00

Due Date for Submissions.......................................................................................... 1:00

Duration of Contract ................................................................................................. 13:00

Errors on Bids .......................................................................................................... 11:00

Execution of Contract ............................................................................................... 12:00

Insurance (Liability) .................................................................................................... 8:00

Interest Charges....................................................................................................... 15:00

Improper Bids and Grounds for Non-Acceptance..................................................... 11:00

Late Bids .................................................................................................................. 11:00


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Legal Claims ............................................................................................................ 19:00

Licenses ................................................................................................................... 10:00

Liens......................................................................................................................... 16:00

Limitations of Operation ........................................................................................... 10:00

Liquidated Damages ................................................................................................ 13:00

Notification ............................................................................................................... 12:00

Order of Precedence ................................................................................................ 17:00

Payment Terms........................................................................................................ 14:00

Payment for Plans & Specifications............................................................................ 5:00

Permits, Licenses & Regulations.............................................................................. 10:00

Progress Certificate Payment................................................................................... 14:00

Project Engineer/Coordinator ..................................................................................... 4:00

Questions ................................................................................................................... 4:00

Regulations .............................................................................................................. 10:00Renewal or Termination of Tender ........................................................................... 13:00

Sales Tax: Provincial/Federal/GST/HST ................................................................. 10:00

Site Examination ...................................................................................................... 10:00

Starting Date ............................................................................................................ 13:00

Submission of Bids/Tender ............................................................................. 1:00 & 2:00

Tender Opening Location........................................................................................... 1:00

Termination .............................................................................................................. 13:00

Withdrawal of Tender ............................................................................................... 10:00

Workplace Safety Insurance Board Clearance/CAD 7 (NEER).....................9:00 & 11:00


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CITY OF CAMBRIDGETENDER 2010-42


INSTRUCTION TO BIDDERS

The words "bid" and "tender" are interchangeable throughout these documents andrelated documents. Secondly, the words "bidder" and "tenderer" are interchangeablethroughout these documents and related documents.

The word Owner should be taken to mean the Corporation of the City of Cambridge.The word work shall refer to any work or land services provided to facilitate thecompletion of work described in the specifications. The word Contractor refers to theGeneral Contractor from whom this tender submission was received.

1:00 SUBMISSION OF BIDS

Sealed Tenders shall be submitted directly to:

Purchasing Division OfficeCity of Cambridge50 Dickson Street, 4th FloorCambridge, Ontario N1R 8S1

Marked: TENDER 2010-42


Tenders will be received up to: 2:00 p.m. Monday, August 23, 2010

TENDERS NOT RECEIVED AT THE PURCHASING COUNTER, ON ORBEFORE THE CLOSING TIME WILL NOT BE ACCEPTED. The onusis on the bidder to ensure that their bid is received at thePurchasing Division.

Tenders will be publicly opened in Bergey Room B, 4 th Floor, City Hall, 50Dickson Street, Cambridge, at 2:30 p.m. on the day of the Tenderclosing.

When tenders are opened the total tendered prices as noted on the Form ofTender will be read aloud and recorded on the Bid Opening sheet. At thatpoint, the tenders will be considered As Read and therefore not yetaccepted.

Following the opening, the documents will be taken back to the PurchasingDivision where they will be reviewed for compliance with the Instructions toBidders, and that all required documentations have been included.


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Price extensions and additions will be checked and verified to ensure thattotal tendered prices coincide with the unit price extensions. Anymathematical errors will be corrected in red ink and initialed by thepurchasing official who is verifying the document.

Following the determination of compliance, we will post the acceptedpricing on the City of Cambridge website as soon as possible. PHONECALLS FOR BID RESULTS WILL NOT BE ENTERTAINED.

Bidders are also reminded that recommendations to Council to awardthis contract are based on past performance with the City, satisfactoryreference checks and lowest compliant price.

Tender results may be obtained by checking the Citys website.We will attempt to post results within 24 hours of the tender opening.

2:00 SUBMISSION OF TENDER

Tenders shall be enclosed and sealed in a company envelope and bedelivered to the Purchasing Division at the above address. Faxed copieswill not be accepted.

Tenders shall be submitted on the Tender Form attached hereto andmust be properly signed in each and every location indicated forsignature on all documents submitted. All pages of the Form of Tendershall be completed.

Only those forms listed below need be submitted, along with therequired bid deposit, in the tender envelope.

(i) Form of Tender(ii) Agreement to Bond Commitment Form(s) Performance(iii) Agreement to Bond Commitment Form(s) Labour & Materials(iv) Any addendums, in their entirety and initialed where indicated(v) Current CAD 7 or NEER Report from W.S.I.B. (Frequency Rating

for small contractors)

3:00 DESIGNATED OFFICIAL

For the purpose of this tender, the Manager of Purchasing or designate,telephone (519) 740-4637, is the "Designated Official" and shall performthe following functions: releasing, recording, and receiving tenders;opening, recording and checking of bids; answering queries ofprospective bidders, considering extensions of time, reviewing bidsreceived, making a determination of compliance for those bids not


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completely meeting the tender requirements, and preparing a report andrecommendations to Council.

4:00 PROJECT ENGINEER/CO-ORDINATOR

a) The Project Engineer/Co-ordinator shall be Steven Huang, ConstructionEngineer.

b) In the absence of the General Conditions outlining the specific authorityof the Engineer/Coordinator relative to the control of the work; the ProjectEngineer/Coordinator shall supervise and co-ordinate all work includedherein and shall have authority to stop the work whenever suchstoppage, in his/her opinion, may be necessary to ensure the properexecution of the Contract. The Project Engineer/Coordinator shall alsohave authority to reject all work and materials which do not conform to

the Contract specifications or which are, in the Engineer/Coordinatorsview substandard, flawed or in any other way deemed not suitable for theCitys purposes, and to decide all questions which arise in the executionof the work.

c) All questions of a Technical nature regarding this Tender shall bedirected to:

Steven Huang, P. Eng.Construction Engineer

City of CambridgePH: 519-740-4682, ext. #4616

5:00 PAYMENT FOR PLANS AND SPECIFICATIONS

a) Tender documents, plans, and specifications may be downloaded directlyfrom the City of Cambridge website, free of charge.

b) The Tender specifications and drawings should not be returned in thetender envelope.

6:00 BID DEPOSITThe Tender shall be accompanied by a Bid Deposit by way of a bid bond,certified cheque, bank draft, irrevocable letter of credit or money order, inits original form, in the amount of 10% of total bid made payable to theCorporation of the City of Cambridge. Reproductions and copies will notbe accepted. Bonds shall be issued by reputable Bonding Companies,licensed to carry on business in Ontario. Bid bonds must be irrevocableand open for bid acceptance for at least 60 days from the date of bidopening. Tenders will be rejected and returned if the Bid deposit is not


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contained within the tender envelope at the opening of tenders (refer toSection 11d (x)).

NOTE: ABOVE DOCUMENT(S)MUST BE ENCLOSED IN THE SAME ENVELOPE AS THE TENDER

This bid deposit is provided as assurance that should the bid beaccepted, a contract will be entered into for the proper performance ofthe work within ten (10) calendar days following written notification fromthe Owner to the successful bidder. Therefore, bonds are required to bevalid for sixty (60) days from date of tender opening.

The said bid deposit will be forfeited and surrendered to the Owner asliquidated damages sustained in case of failure to enter into a contract asdescribed above, such amount being a fair and reasonable estimate offoreseeable losses.

The bid deposit of all bidders, except the two lowest bidders, shall bereturned once the bids have been reviewed by the Designated Officialand have been determined compliant.

When copies of the executed Contract are returned and foundacceptable to the Designated Official the bid deposit of the successfulbidder and the second low bidder shall be refunded immediately.

If a tender has been awarded and the successful low bidder fails to signthe Contract or provide the Contract bonds, cash or other acceptable

collateral within the specified time, the Designated Official may grantadditional time to fulfill the necessary requirements, if in the opinion ofthe Designated Official, the extension does not compromise the interestsof the City or the Designated Official may recommend one of thefollowing:

(1) that the tender shall be awarded to the next low bidder

(2) that the tender shall be cancelled.

In the event of a time extension and documents are not received prior to

the deadline of that extension, the contract will be considered null andvoid and the Designated Official may proceed as noted above.

7:00 BONDING REQUIREMENTS

a) Each tender must be accompanied by an Agreement to BondCommitment Form(s) (Performance and/or Labour & Materials) in itsoriginal form, either on the bidder's Bonding Company's form, or on thesample form included in the Tender Documents, or 100% of the amount


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of the tender in acceptable collateral as specified hereunder.Reproductions and copies will not be accepted.of the tender in acceptable collateral as specified hereunder.Reproductions and copies will not be accepted.

b) Upon award of this Contract, and prior to signing of Contract documents,the successful bidder shall deposit with the Designated Official, the

following documents;

b) Upon award of this Contract, and prior to signing of Contract documents,the successful bidder shall deposit with the Designated Official, the

following documents;

i) Performance Bond for 100%i) Performance Bond for 100% of the tender.

ii) 50% Labour and Materials Bond.

OR

iii) 100% of the amount of Tender in cash or acceptable collateral(i.e. cash equivalent or Letter of credit), issued by an approvedFinancial Institution as stipulated by the Municipality.

7:01 Any costs associated with these items are the responsibility and cost ofthe bidder.

7:02 Bonds shall be issued by reputable Bonding Companies, licensed tocarry on business in Ontario. All bonds may be subject to the approval ofthe City Solicitor. Bonds shall be irrevocable and open for acceptancefor 60 days from date of closing. These bonds shall guarantee allconditions as set out in the Contract, including not only all matterspertaining to the proper execution of the work, but also all matters forwhich the Contract is responsible throughout the one year period of

maintenance and warranty.NOTE: Above documents must be enclosed in same envelope as the

Tender .

8:00 LIABILITY INSURANCE

a) Upon award of this Contract, and prior to signing of Contract documents,the bidder shall obtain, pay for and maintain a comprehensive policy ofpublic liability and property damage insurance in respect of any one

accident to the limit of at least $5,000,000.00 , exclusive of interest andlegal costs against loss or damages resulting from bodily injury to ordeath of one or more persons and loss of or damages to property andsuch policy shall name the City of Cambridge and the RegionalMunicipality of Waterloo as additional insured there under .

b) This policy may be subject to the approval of the City Solicitor and shallbe kept in full force until the date of acceptance and maintenance periodof the entire work by the Project Engineer/Co-ordinator or DesignatedOfficial.


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9:00 WORKPLACE SAFETY & INSURANCE BOARD CLEARANCE

The City of Cambridge requires all contractors who provide labour andinstallation services at any City of Cambridge facilities and/or on any City

owned properties to be in full compliance with all requirements imposedupon them by the Workplace Safety Insurance Board. All certificates oftraining must be available for presentation upon request.

All Bidders are required to furnish their Workplace Safety & Insurance BoardAccount Number in the Form of Tender where indicated. Prior to release ofeach and every progress draw, the successful bidder will be required toprovide a certificate of clearance from the Workplace Safety & InsuranceBoard, to the Corporation. Such clearance certificate shall indicate that theBidder and any subcontractors have complied with the requirements of theWorkplace Safety & Insurance Board and are in good standing on the books

of the Board.Bidders are required to submit a recent copy of their NEER or CAD-7 Statement with their bid submission (Frequency Rating for smallcontractors)

10:00 BIDDER'S RESPONSIBILITY

a) Permits Licenses and Regulations:

The Bidder shall apply and pay for all necessary permits and licenses,approvals and consents required for the execution of the work. TheBidder shall give all necessary notices and pay all fees required by lawand comply with all laws, by-laws, rules, regulations, and requirementsrelating to the work and to the preservation of public health. The Biddershall be responsible for the safety of all workers and equipment on thesite in accordance with all applicable safety legislation passed byFederal, Provincial and Local Authorities governing construction safety.

b) Limitations of Operations:

The bidder shall not carry on operations under this Contract from7:00 p.m. on Friday to 7:00 a.m. Monday or on legal holidays or holidayobserved by the City of Cambridge without the written permission of theProject Engineer/Co-ordinator.

If the successful contractor wishes to perform work on Saturdays, theymay do so upon the written permission of the Project Engineer/Co-ordinator.


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The Project Engineer/Co-ordinator may, in writing, require the Bidder tocease operations on any day or days if the work is so located that theProject Engineer/Co-ordinator deems it expedient to do so.

The Bidder shall have no claim for any delay resulting from such work

stoppage and shall be granted an additional day for completion for eachday work has been stopped.

c) Tender Documents and Site Examination:

All bidders, before submission of their tender, shall have thoroughlyexamined all tender documents as well as the site of the proposed workin order to inform themselves of the conditions attending to the executionof the work. The site will be made available to the bidder during thebidding period for testing purposes.

d) Discrepancies:If a Bidder finds discrepancies in or omissions from the tenderdocuments, or if he is in doubt as to their meaning, he shall notify theProject Engineer/Co-ordinator. The Designated Official may then issue awritten addendum. Addenda issued during the tendering period shall betaken into consideration by the Bidder in submitting his tender.

e) Sales Tax:

i) Provincial Sales Tax -

All prices tendered for the work shall include Provincial Sales Taxon all materials to be incorporated into the work. The bidder shallbe responsible to contact the Retail Sales Tax Branch directly toverify any questions on applicable taxes.

ii) Federal Excise Tax and/or Goods and Services Tax -

The Bidder shall invoice applicable GST separately, up until June30, 2010 and shall be responsible to verify with the Customs andExcise Branch of Revenue Canada any rulings for payment of tax

or tax exemptions.


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iii) Harmonized Sales Tax

Changes in taxes, due to the introduction of the new HarmonizedSales Tax (HST), will take effect commencing July 1, 2010. EffectiveJuly 1, 2010, the tendered unit prices will be adjusted to account for

the HST tax change. The adjusted unit prices will reflect your lowercosts as you can claim full HST on your purchases. Currently, youcannot claim the Ontario retail sales tax recovery on your purchases.After July 1, 2010, you can claim full HST recovery on yourpurchases. Accordingly, contract payments for work performed afterthe HST takes effect, will be based on the adjusted unit prices.

The successful bidder should be prepared to provide necessarydetailed documentation if requested by the City, to support changesto the unit prices due to the implementation of the new HST.

11:00 TENDER REGULATIONS

a) Acceptance of Tenders:

Tenders will be publicly opened and examined in accordance with thePurchasing By-Law #15-04, as amended, and the awarding of theContract, if awarded, will be made by the Owner as soon thereafter aspractical. Award by the City as Owner will occur on approval by Council.

The Owner reserves the right to reject any or all bids and the lowest

tender will not necessarily be accepted.b) Withdrawal of Tender Prior to Tender Closing:

A bidder on a project may request that his tender be withdrawn. Thewithdrawal shall only be allowed if the request is made in writing by thebidder and delivered to the Designated Official before the closing time forthe tender to which it applies.

Tenders confirmed as withdrawn shall be returned unopened to thetenderer. The withdrawal of a tender does not disqualify a bidder from

submitting another tender prior to the closing time.c) Withdrawal of Tenders During Opening:

When tenders for more than one project are being opened at the sametender opening, at the conclusion of the reading out of bids on a givenproject, the low bidder on that project may withdraw in writing any of hisremaining tenders for the projects yet to be opened. Tenders withdrawnunder this procedure cannot be reinstated.


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If more than one tender is read out under the same name for the sameproject and no withdrawal notice has been received, the tender containedin the envelope bearing the latest date and time stamp shall beconsidered the intended bid, and any others shall be consideredwithdrawn and returned to the bidder in the usual manner.

The Designated Official shall not open or read out the bid amount ofa withdrawn tender.

A bidder who withdraws a bid on the strength of being read out as lowbidder on a previous tender does not have the right to reinstate thewithdrawn tender if subsequent checking proves that his bid on theprevious tender was not in fact low.

d) Improper Bids and Grounds for Non-Acceptance:

i) Informal and/or Unbalanced Tenders

Tenders which are incomplete, conditional or obscure, or whichcontain additions not called for, or irregularities of any kind may berejected by the Designated Official as informal.

All price(s) submitted shall be a reasonable price for each particularitem as determined by the Designated Official and under nocondition will an unbalanced tender be considered.

Wherever in a tender the amount tendered for an item does not

agree with the extension for the estimated quantity and thetendered unit price, the unit price shall govern, and the item amountof the total tender amount shall be adjusted accordingly.

All tenders judged by the Designated Official as being informaland/or unbalanced shall be rejected.

ii) Late bids

Bids must be submitted at the location set out above on or beforethe submission deadline. Bids submitted after this point in time will

be disqualified as late and will be returned unopened to theproponent.

iii) Tender Form or Envelope not used :

a) bids received by the Designated Official on other than suppliedForm of Tender will be rejected.

b) bids received in other than the tender envelope supplied will berejected N/A


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iv) Bids Not Completed in Ink or by Typed print will be rejected.

v) Partial Bids (all items Not Bid)

Partial bids will be rejected except when the Instructions to Biddersclearly states that an award may be made for individual items(e.g., Tenders such as equipment rental or some material tenderswhich are in effect several individual bids combined).

vi) Qualified Bid

If a bid is restricted by a statement added to the Form of Tender ora covering letter or alterations to a tender form it may be rejected inthe judgment of the Designated Official unless the change wasrequested by the Municipality (i.e., point changed, escalator

clause).

vii) Bid not Signed

Bids that are not properly signed will be rejected.

Tenders shall be submitted on the Tender Form attached heretoand must be properly signed in each and every location indicatedfor signature on all documents submitted. All pages of the Form ofTender shall be completed.

viii) Erasures, Overwriting, Alterations or Strikeouts not Initialed Providing the price is legible and the erasures, overwriting,alterations or strikeouts are initialed , these bids may be accepted.

ix) Arithmetic Errors

Bids containing arithmetic errors found during the checkingprocedure by the Project Engineer/Co-ordinator may be accepted.Bid unit prices shall be used to correct extensions.

x) Bid Deposit not Submitted or of Insufficient Amount orInsufficient Time.

If a bid bond, cheque, bank draft, irrevocable letter of credit ormoney order or other acceptable collateral as approved by theDesignated Official is not submitted in its original form and sealedby the proper authorities (no photocopies will be accepted) or is aninsufficient amount the Tender will be rejected or if a bid bond isopen and irrevocable for any time period less than 60 days from thedate of bid opening, the bid will be rejected.


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xi) Agreement to Bond Commitment Form (s)

a) If an agreement to bond commitment form(s) is not submitted,signed and sealed in its original form (not photocopied), when

required, the tender shall be rejected or if an agreement tobond is open for any time period less than 60 days from thedate of bid opening, the quotation will be rejected.

b) If an agreement to bond commitment form is not properlyexecuted, when required, a bidder may be allowed areasonable time by the Designated Official to have itcorrected. If the corrected agreement is not received withinthe time allotted the bid will be rejected.

xii) Addendums:

All addendums must be initialed where indicated and submitted intheir entirety with the Form of Tender and all other documentsrequired to be submitted by this tender. Failure to submit anaddendum in its entirety will be grounds for the bid being held non-compliant.

xiii) CAD 7 OR NEER REPORT :

Bidders are required to submit a recent copy of their NEER or CAD-7Statement (Frequency Rating for small contractors) with their bid

submission. Failure to submit current report will result indisqualification. A positive CAD-7 rating will also be a factorconsidered in awarding the contract. Contractors whose CAD-7 ratingis in the negative will not be considered a responsible bidder.

12:00 AWARD OF CONTRACT

a) The award of this Contract may be subject to budget approval.b) The Contract is awarded only on acceptance of the Council of the

Corporation of the City of Cambridge (the Owner), following

evaluation of the tenders submitted.THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED .

The Corporation of the City of Cambridge will review tenders to determinewhich tender offers the City the lowest price from a qualified contractor. It isthe bidders responsibility to provide references that are relevant to thecurrent project in scope and value. The City of Cambridge will also reviewthe bidders prior performance on other contracts with the City ofCambridge. If the City of Cambridge is relying in the services of a


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Consultant in the conduct of the project, the knowledge of that Consultantwill also be considered. A positive CAD-7 rating will also be a factorconsidered in awarding the contract. Contractors whose CAD-7 rating is inthe negative will not be considered a responsible bidder.

a) Duration of Bids:

All bidders agree to leave their bids open for acceptance for a period ofsixty (60) calendar days after the closing date of the tender opening.

b) Damages:

The bidder, by submitting a bid, agrees that it will not claim damages, byany means, in respect to any matter relating to the contract or biddingprocess in excess of an amount equivalent to the reasonable costsincurred by the bidder in preparing its bid and waives any claim for loss of

profits if no contract is made with the bidder.c) Notification of Acceptance of Tender:

Upon the acceptance of the Contract, the Designated Official shallimmediately send a Notification of Acceptance to the successful bidderadvising them that their tender has been accepted.

d) Execution of Contract:

The bidder shall be allowed ten (10) calendar days from the date of

Notification of Acceptance letter to execute and return the executedContract along with all required documents to the Designated Official.The executed Contract will then be signed by the Owner.

13:00 DURATION OF CONTRACT

a) Estimated Starting Date:

The estimated starting date for this project is September 27, 2010. Thesuccessful bidder agrees to start the work on this project within fourteen

(14) calendar days from the receipt of written notification from the Ownerthat construction can start. Start of construction is dependant upon thereceipt of final approvals from various agencies and ministries.

b) Completion Date:

The bidder shall substantially complete this project to the satisfaction ofthe Project Engineer/Co-ordinator within fifteen (15) working days.


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Time shall in all respects be of the essence hereof provided that the timefor doing or completing or any matter provided for herein may beextended or abridged by an agreement in writing signed by the partieshereto.

c) Liquidated Damages

The date of completion is a material part of this Contract and should theBidder fail to complete the work within the time specified or anyenlargement thereof by the Project Engineer/Co-ordinator, the Biddershall pay the Corporation $1500.00 for each and every day that the workremains incomplete and not ready for final acceptance by theCorporation after the time specified for the completion thereof or anyenlargement thereof by the Project Engineer/Co-ordinator, whether theContract has been forfeited or abandoned by the Bidder or not, and it ismutually agreed between the Owner and the Bidder that the $1500.00

per day shall be considered as predetermined and ascertained liquidateddamages. The following is the formula used for liquidated damagescharges;

Cost of inspection for one day, plus contract administration 0.5 hr./day,plus construction supervisor 0.5 hr./day plus overhead costs (20%).

The Certificate of the Project Engineer/Co-ordinator as to the number ofdays that the project is overdue beyond the completion date shall be finalbetween the parties.

The Owner may deduct any amount due under this section as provided inItem 14:00 herein. The liquidated damages payable under thisparagraph are in addition to and without prejudice to any other remedy,action or other alternative that may be available to the Corporation.

The Bidder shall not have to pay Liquidated Damages for any delaycaused by Acts of God, or of the Public Enemy, or of any Foreign State,Fire, Flood, Epidemics, Quarantine Restrictions, Embargoes or delays ofSub-Contractors due to such causes.

d) Renewal or Termination of Tender

If the tender provides for the performance of work at either variouslocations or on a unit price basis, the tender may be renewed from timeto time as the City and the bidder may agree in writing. Provided,however, that either the City or the bidder may, at any time, terminate therenewal upon giving written notice to the other at least 60 days inadvance of its desire that the tender renewal be terminated.


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e) Termination for Cause

If the bidder should default or breach any of the terms, conditions orprovisions of the Contract, the Owner may, at its option, immediatelyterminate the Contract by notice to the bidder. In the alternative, the

Owner may give notice of default or breach to the bidder and, failingremedy of such default or breach within 15 working days, the Ownermay, at its option, terminate the Contract by notice to the bidder.

14:00 PAYMENTS

a) Lump Sum Payments Unless otherwise stipulated in the Form ofTender, the terms of payment shall be net thirty (30) days from the dateof receipt of the invoice or net 30 days from completion of work asdetermined by the Project Engineer/Co-ordinator which ever is later.

Payments will only be made upon receipt of a certificate of clearancefrom the Workplace Safety & Insurance Board and a StatutoryDeclaration stating that all subcontractors and suppliers have been paidall amounts due and payable to them as at the measurement date.

OR

b) Progress Certificate Payments Once per month the Contractor and theProject Engineer/Co-ordinator shall agree and failing agreement, thedecision of the Project Engineer/Co-ordinator shall govern, on the

approximate amount of work done and material furnished and of thevalue thereof according to the terms of the Contract. The date of thisdetermination shall be known as the "measurement date".

A progress certificate shall be prepared by the ProjectEngineer/Co-ordinator based on the work completed on eachmeasurement date and shall be of the amount, quantity and value of thework done since the Bidder commenced the performance of this Contractless all stipulated forfeitures and deductions.

The Owner will pay to the bidder eighty seven and half per cent (87.5%)

of the amount shown on all such certificates in accordance with the termsand conditions of the Construction Lien Act net thirty (30) days after each"measurement date" and only upon receipt of a certificate of clearancefrom the Workplace Safety & Insurance Board and a StatutoryDeclaration stating that all subcontractors and suppliers have been paidall amounts due and payable to them as at the measurement date.These payments will be made on Progress Certificates, which shall beapproximate only and must not be taken or construed as an acceptanceof the work so estimated or as an admission that the Owner is in any wayliable to the Bidder in respect thereof. The 10% holdback will be dealt


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with as per the terms and conditions of the Construction Lien Act, 1990,as amended, while the 2.5% Maintenance security Holdback will besubject to Section G requirements.

c) The bidder shall publish a copy of the Certification of Substantial

Performance of the Contract once in a Construction Trade newspaperwithin seven (7) days of receiving a copy of the Certificate signed by thepayment certifier in accordance with the Construction Lien Act, 1990.Where the bidder fails or refuses to publish the Certificate within twenty(20) days of the date of the Certificate, the Owner may publish a copy ofthe Certificate in a Construction Trade newspaper and deduct the costthereof from the amount payable under the Contract.

d) Final Payments Final payment for work completed under this Contractwill be based on final measurements and quantities mutually agreeable tothe City of Cambridge (the Owner) and the Contractor, in the absence of

such an agreement, the decision of the Engineer/Co-ordinator shall befinal and binding on both parties. Final payment measurements andquantities will also be subject to adjustments resulting from final audits bythe Owner and/or other agencies providing full or partial funding for thecost of the project.

e) Early Payment Discount If early payment allowance is offered on the Formof Tender, the allowance will affect the bottom line tendered price and is afactor in determining overall low bid.

15:00 INTEREST CHARGESIt is the policy of the Corporation of the City of Cambridge (the Owner) thatapplication by the vendors for penalty charges for late payment will not beallowed.

16:00 LIENS

If any construction lien is registered or asserted in writing against the Work,or any trust fund claim or other claim under the Construction Lien Act, or

any other claim in connection with the Work (other than a claim that will bepaid out of insurance proceeds), is made by or to anyone, the Contractorshall cause any lien or claim to be forthwith removed and released from thetitle to the Work, but in any event prior to the next payment due to theContractor. Any costs, expenses or legal fees (as between a solicitor andhis or her own client) incurred by the Owner in connection with any such lienor claim shall be paid to it by the Contractor forthwith after demand by theOwner. Without limiting the above, it is agreed that the Owner may, but shallnot be obliged to, pay the amount of any claim (whether or not under theConstruction Lien Act) plus a reasonable allowance for costs into court, or


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into a lawyer's trust account, and withhold the amount so paid in from futurepayments falling due to the Contractor. This clause does not apply to alegitimate claim by the Contractor. The Owner will not withhold funds as setout above, or will pay any funds previously withheld, where the Contractorprovides the Owner with a letter of credit or other security in form, amount

and substance satisfactory to the Owner acting reasonably.

17:00 ORDER OF PRECEDENCE

In the event of any conflicts or inconsistencies in the provisions of theplans and specifications of this document, such provisions shall takeprecedence and govern in the following order:

1. Form of Agreement2. Addenda (where issued)

3. Special Provisions and/or General Requirements4. Instructions to Bidders5. Tender Specifications and City of Cambridge Standard

Drawings6. Form of Tender and Supplementary Tender Form7. General Conditions8. Design Guidelines and Supplemental Specifications for Municipal

Services and/or Ontario Provincial Standard Specifications (OPSS)and/or Ontario Provincial Standard Drawings (OPSD)(whichever isapplicable)

18:00 ADDENDA/QUERIES

Addenda may be issued in writing and posted on the Citys website duringthe tender period up to 48 working hours prior to opening by the DesignatedOfficial. All addenda become part of the tender documents and must besubmitted with the bidder's bid. All questions from bidders must be inwriting to the Designated Official. No questions will be taken from biddersafter 48 working hours prior to opening.

The Owner has no responsibility to provide addenda. All Addenda will be

posted on the City of Cambridge website;www.cambridge.ca/cs_corporate/purchasing_tenders_list.php

Bidders are to check the website for addenda prior to submitting theirtender.


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19.00 LEGAL CLAIMS

No tender, proposal or quotation will be accepted from any company whichhas a claim or instituted a legal proceeding against the Owner or against

whom the Owner has a claim or instituted a legal proceeding with respectto any previous contract, without prior approval by Council.

20.0 CONTRACTOR PERFORMANCE REPORT

At project completion, the Project Co-ordinator/Engineer and the ProjectBuyer reserves the right to conduct an evaluation of the contractorsoverall performance with input from the Citys Inspectors or consultants ifapplicable. This evaluation will be reviewed with the contractor andrecommendations will be put forward as to the contractors overall

suitability of future City of Cambridge work. It must also be noted thatwhile overall performance is being evaluated, the City reserves the right tosuspend a bidder for extreme or repeated inadequate grades on anyissues related to health and safety, specifically items A5, A6, A7 or A9 ofthe evaluation.

21.0 ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005(AODA)

The City of Cambridge is committed to providing equal treatment to peoplewith disabilities with respect to the use and benefit of City services,programs, and goods in a manner that respects their dignity and that isequitable in relation to the broader public. All contractors with the Citymust comply with all laws applicable to the performance of the work.

Effective January 1, 2010, third party Contractors who deal with the publicor other third parties on behalf of the City, as well as contractors whoparticipate in developing City policies, practices or procedures governingthe provision of goods and services to members of the public or other thirdparties, must conform with the Accessibility Standards for CustomerService, O. Reg. 429/07 (Appendix A), under The Accessibility for

Ontarians With Disabilities Act, 2005 (AODA).Contractors shall ensure that training records are maintained, includingdates when training is provided, the number of employees who receivedtraining and individual training records. Contractors are required to ensurethat this information will be made available, if requested by the City.


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Section BGeneral Conditions

THE CORPORATION OF THE CITY OF CAMBRIDGE

GENERAL CONDITIONS

INDEX

1.0 DEFINITIONS

2.0 SCOPE OF WORK 2.1 Conformity of Work with Plans and Specifications.2.2 Contractor's Investigations.2.3 Estimated Quantities.2.4 Changes and Alterations.2.5 Extra Work2.6 Claims2.7 Cleanup.

2.8 Acceptance of the Work3.0 LEGAL RESPONSIBILITY 3.1 Liens, Surety and Deposit.3.2 Liability and Fire Insurance.3.3 Notices by the Contractor and Observance of Laws, Statutes and Regulations3.4 Assignments and Subletting3.5 Patents and Copyrights3.6 Contractor's Responsibility for Damage3.7 Removal of Obstructions3.8 Work Stoppages and Labour Disputes

3.9 Accuracy and Completeness of Plans3.10 Provision for Traffic, Detours, Barriers and Lights3.11 Care of Works3.12 Errors by Contractor3.13 Verbal Arrangements3.14 Other's Rights3.15 Contract Bond

4.0 CONTROL OF THE WORK 4.1 Authority of the Engineer/Consultant4.2 Supervisor and Inspection

4.3 Superintendence4.4 Methods and Sequence of Work4.5 Plant, Labour and Materials4.6 Right of Engineer/Consultant to Modify Methods and Equipment.4.7 Condemned or Surplus Materials


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INDEX - Continued

4.0 CONTROL OF THE WORK - Continued4.8 Materials Supplied by the Corporation4.9 Defective Work and Materials

4.10 Deviation from Plans4.11 Conflicts and Omissions4.12 Stakes, Lines and Grades4.13 Notice to Contractors4.14 Notice to Owner4.15 Hindrances and Delays4.16 Character and Employment of Workmen4.17 Sunday Work4.18 Trees and Shrubs4.19 Water Closets

5.0 PROSECUTION AND PROGRESS 5.1 Time the Essence of the Contract5.2 Commencement and Completion5.3 Liquidated Damages5.4 Extension of Time5.5 Forfeiture of the Contract5.6 Maintenance

6.0 PAYMENT

6.1 Price for Work6.2 Progress Estimates6.3 Prices and Payments6.4 Contractor's Discharge of Liabilities6.5 Inspection of Books, Payrolls, Accounts and Records6.6 Money Due the Corporation6.7 Claims for Wages, Etc.6.8 Workmen's Wages6.9 Payment for Extra Work on a Time and Material Basis as it pertains to Road

Construction/Reconstruction/Sewer and Watermain Works.


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1.0 DEFINITIONSIn this specifications the following definitions shall apply:

1.1 " Contract " - means the agreement covering the performance of the work,

including the supply of any and all work, labour, implements, and materials thatcould reasonably be required properly and satisfactorily to complete the work tobe performed and includes the plans, specifications, contract bond and anywritten supplementary agreements that may be made in order to ensure thecompletion and maintenance of the work in an acceptable manner.

1.2 " Contractor " - means the person, partnership or corporation undertaking theexecution of the work under the terms of the Contract.

1.3 " Owner " or "Corporation" - means the municipal corporation of the City ofCambridge entering into the Contract with the Contractor.

1.4 " Region " - means the Regional Municipality of Waterloo.

1.5 " Engineer/Consultant " - means the person or persons designated in writing assuch by the Corporation, and who may be the City Engineer or a personemployed by the corporation as an Engineer in its City Engineering Departmentor a consultant (Architectural or Engineering) hired to oversee the interests ofthe City of Cambridge.

1.6 " Grade " - means the surface elevation of the completed work.

1.7 " Inspector " - means any person, partnership or corporation that the Corporationor Engineer/Consultant may appoint for the purpose of assisting in thesupervision and inspection of the work and the materials to be used in the work.

1.8 " Major Item " - means any individually bid Tender item that has an actual cost,calculated on the basis of its actual or estimated tender quantity, whichever isthe largest, and its tender unit price, equal to or greater than ten per cent (10%)of the total tender cost, calculated on the basis of the total of all the estimatedtender quantities and the tender unit prices.

1.9 " Plans " - means any drawing or reproduction of drawing pertaining to the work.

1.10 " Road" - or "Road Allowance " - means the lands acquired at any time for theuse of the public as a common highway.

1.11 " Specification " - means all written descriptions or instructions pertaining to themethod and manner of performing the work, or to the quantities and qualities ofthe materials to be furnished under the Contract, and includes the Tender,General Conditions, Standard Specifications, Supplemental Specifications andSpecial Provisions, together with all written agreements, made or to be made


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pertaining to the method or manner of performing the work, or to the quantitiesor qualities of materials to be furnished under the Contract.

1.12 " Standard Specifications" - means the requirements and stipulations ofstandard practice by the Corporation for the control of work.

1.13 " Supplemental Specifications " - means the specifications, supplemental to thestandard specifications and containing requirements peculiar to the work.

1.14 " Special Provisions " - means special directions containing requirementspeculiar to the work not adequately provided for by the standard orsupplemental specifications.

1.15 " Sub-Contractor " - means a person, partnership or corporation undertaking theexecution of a part of the work by virtue of an agreement between himself andthe Contractor, and who has independent control over the work to be done

under such agreement.

1.16 " Work" or "Works " (unless the context requires a different meaning) - meansthe whole of the works, materials, matters and things required to be done orsupplied, mentioned or referred to in the tender, specifications, plans, profiles,and drawings including all extra or additional work or materials, matters orthings which may be ordered by the Engineer/Consultant.

1.17 The words " Approval ", "Directed ", "Required ", "Considered Necessary ","Authorized ", "Acceptable ", "Satisfactory ", Provide , or words of like import,shall mean approval of, directed, required, considered necessary or authorized

by and acceptable or satisfactory to the City Engineer/Consultant.

1.18 " Plant" - means every temporary or accessory means necessary or required tocarry on or complete the works or extra works, in the time and manner hereinprovided, and all other special or other appliances of every sort, kind anddescription whatsoever.

1.19 " Gender " - in this document, unless the context requires otherwise, wordsimporting the singular shall include the plural and words importing themasculine gender, shall include the feminine.

1.20 Working day means a day other than Saturday, Sunday, or a holiday whichis observed by the construction industry in the Province of Ontario, and withinthe Limitations of Operations described under Item 10.00 of the Instructions toBidders.

1.21 Substantial Performance the Work is substantially performed;

a) when the work to be performed under the contract is ready for use or isbeing used for the purpose intended; and


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b) when the work remaining under the contract is capable of completion, orwhere there is a known defect, the cost of correction is not more than 3% ofthe contract price.

1.22 Completion the Work shall be deemed to be completed and services or

materials shall be deemed to be last supplied to the work when the price ofcompletion, correction of a known defect, or last supply is not more than$1000.00

1.23 Final Acceptance shall be deemed to occur when the ContractAdministrator is satisfied that, to the best of their knowledge at that time, thecontractor has rectified all imperfect/outstanding work. Upon expiration of thewarranty period and discharge of all obligations under the contract, the ownershall issue a Completion Certificate at this time.

1.24 Warranty Period means the period of 12 months from the date of

Completion or such longer period as may be specified for certain materials orsome or all of the work.

2.0 SCOPE OF THE WORK

2.1 CONFORMITY WITH PLANS AND SPECIFICATIONS The Contractor shallperform all work, and shall furnish all materials not otherwise specified and shallcomplete the whole of the work, in strict conformity with the plans andspecifications.

2.2 CONTRACTOR'S INVESTIGATIONS The Contractor declares that in tenderingfor the work, and in entering into this Contract, he has either investigated forhimself the character of the work to be done and all local conditions includingthe location of any utility which can be determined from the records or otherinformation available at the offices of any person, partnership, corporation,including a municipal corporation and any board or commission thereof having

jurisdiction or control over the utility, that might affect his Tender or hisacceptance of the work, or that, not having so investigated, he is willing toassume and does hereby assume, all risk of conditions now existing or arising inthe course of the work which might or could make the work, or any items thereofmore expensive in character, or more onerous to fulfill, then was contemplated

or known when the Tender was made or the Contract signed.The Contractor also declares that in tendering for the work and in entering intothis Contract he did not and does not rely upon information furnished by theCorporation or any of its servants or agents respecting the nature orconformation of the ground at the site of the work, or the location, character,quality or quantity of the materials to be removed, or to be employed in theconstruction of the work, or the character of the equipment or facilities neededto perform the work, or the general and local performance of the work under the


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Contract other than information furnished in writing for or in connection with hisTender or this Contract by the Engineer/Consultant.

2.3 ESTIMATED QUANTITIES The estimated quantities set forth in the Tender areapproximate only, and the basis of payment under this Contract will be the

actual amount of work done and material furnished, provided that, if thequantities of the work to be done or material to be furnished under any itemexceeds or is less than the estimated quantities, the Contractor shall proceedwith the work, but if such increase or decrease is for a major item and exceedsor is less than twenty per cent (20%) of the Tender amount for such item and ifsuch increase or decrease materially increases or decreases the cost of thework or material then either party to the Contract, upon the written request ofthe other shall as soon as reasonably possible, negotiate upwards ordownwards the compensation for that portion of the work to be done or materialto be furnished. If estimated quantities are not given, it is the contractorsresponsibility to ensure that their take-offs are accurate and reflect the

quantities of materials required for the project.The Contractor's written request that the Corporation negotiate thecompensation shall be made as prescribed by Section 2.6 for a notice of aclaim.

2.4 CHANGES AND ALTERATIONS The Corporation may, at any time before orafter the commencement of the work or the execution of the Contract delete,extend, increase, decrease, vary or otherwise alter the lines, grades, forms,dimensions, methods, plans or materials of the work or any part thereof.

If the character of the work is actually changed from that on which theContractor based his bid, by reason of the written order of theEngineer/Consultant or by reason of incorrect written information supplied bythe Corporation, other than estimated quantities, and if the change materiallyincreases or decreases the cost of the work, the Contractor shall proceed withthe work and either party to the Contract upon the written request of the othershall, as soon as reasonably possible negotiate upwards or downwards thecompensation for that portion of the work or material so affected, provided, thatif such change of character relates solely to quantities, it shall be dealt withunder Section 2.3 and not otherwise.

The Contractor's written request that the Corporation negotiate thecompensation shall be made as prescribed by Section 2.6 for a notice of aclaim.

2.5 EXTRA WORK No work shall be regarded as extra work, unless it is approvedin writing by the Engineer/Consultant, and with the agreed price and method ofpayment for it specified in the said approval, provided the said price is nototherwise determined by this Contract.


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Before beginning any extra work or commencing to deliver any additionalmaterial the Contractor shall notify the Inspector in writing of his intention tocommence work thereon or delivery thereof so that a proper account or recordof the same may be kept by the Inspector. Where the Contractor considerswork to be extra work he shall so notify the Engineer/Consultant in writing

before proceeding with the work, however, he shall proceed with the workwithout delay on the direction of the Engineer/Consultant.

Nothing herein contained is to preclude the Corporation or theEngineer/Consultant from having any extra or additional or other work done bythe Corporation workmen or other parties in the event of satisfactoryarrangements therefore not having been concluded between theEngineer/Consultant and the Contractor, or for any other sufficient reason in theEngineer/Consultant's opinion.

2.6 CLAIMS In the event of any circumstances arising at any time during the

performance of this contract which, in the Contractor's opinion, would entitle himto additional compensation, and which are not fully provided for herein, he shallat once, on discovery of such circumstances notify the Engineer/Consultant inwriting, and shall state in his notification clearly and fully, what thecircumstances are, and the additional sum or compensation he intends todemand therefore, or otherwise he shall have no claim in respect thereof.

All claims for authorized extras or of any other nature that the Contractor mayhave in respect to this Contract are to be summarized and submitted by him (induplicate) to the Engineer/Consultant not later than two (2) weeks following thereceipt of the completion payment certificate. The Contractor shall not make

any claim of any nature afterwards and no claim not then made or allowed bythe Engineer/Consultant shall be sustainable.

2.7 CLEANUP Before the work will be finally accepted by the Municipality, theContractor shall make such replacements of improper materials, other thanthose supplied by the Municipality, and such corrections of faulty workmanshipas have been directed by the Engineer/Consultant.

The Contractor shall dispose of all surplus materials and rubbish and leave thework neat and presentable throughout its length to the satisfaction of theEngineer/Consultant.

2.8 ACCEPTANCE OF THE WORK The Contractor shall notify theEngineer/Consultant in writing when, in the opinion of the Contractor, the workhas been satisfactorily completed and the Engineer/Consultant will then causethe work to be inspected. When the Engineer/Consultant finds it to becompleted in accordance with the plans and specifications, he will give notice inwriting to the Contractor of the acceptance of the work.

3.0 LEGAL RESPONSIBILITIES


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3.1 LIENS, SURETY AND DEPOSIT If any construction lien is registered orasserted in writing against the Work, or any trust fund claim or other claim underthe Construction Lien Act, or any other claim in connection with the Work (otherthan a claim that will be paid out of insurance proceeds), is made by or to

anyone, the Contractor shall cause any lien or claim to be forthwith removed andreleased from the title to the Work, but in any event prior to the next payment dueto the Contractor. Any costs, expenses or legal fees (as between a solicitor andhis or her own client) incurred by the Owner in connection with any such lien orclaim shall be paid to it by the Contractor forthwith after demand by the Owner.Without limiting the above, it is agreed that the Owner may, but shall not beobliged to, pay the amount of any claim (whether or not under the ConstructionLien Act) plus a reasonable allowance for costs into court, or into a lawyer's trustaccount, and withhold the amount so paid in from future payments falling due tothe Contractor. This clause does not apply to a legitimate claim by theContractor. The Owner will not withhold funds as set out above, or will pay any

funds previously withheld, where the Contractor provides the Owner with a letterof credit or other security in form, amount and substance satisfactory to theOwner acting reasonably.

3.2 LIABILITY AND FIRE INSURANCE The Contractor shall take out acomprehensive policy of public liability and property damage insuranceacceptable to the Engineer/Consultant providing insurance coverage in respectof any one accident to the limit of at least $2,000,000.00 exclusive of interestand cost, against loss or damage resulting from bodily injury to or death of oneor more persons and loss of or damage to property and such policy shall namethe City of Cambridge and the Regional Municipality of Waterloo as additional

insured there under and shall protect them against all claims for all damage orinjury including death to any person or persons and for damage to any propertyof the Corporation or the Region or any other public or private property resultingfrom or arising out of any act or omission on the part of the Contractor or any ofhis servants or agents during the execution of the Contract and the Contractorshall forward a certified copy of the policy or certificate thereof to theCorporation.

When required by the Engineer/Consultant, the Contractor shall maintain andpay for fire insurance, with standard supplemental risks endorsement, in the

joint names of the Corporation, the Region and the Contractor, in the amount of

one hundred per cent (100%) of the total value of that part of the work done andthose materials delivered on the site which are required to be insured. Allmonies paid under such insurance shall be received by the Corporation whichshall pay as much of it as may be required for the purpose of replacing,rebuilding, or repairing the work and all such material which has been damagedor destroyed according to the Engineer/Consultant's certificate and the balance,if any, shall be paid to the Contractor on completion. Such replacing, rebuilding,repairing and completion shall be carried out in every way subject to the termsand conditions of the Contract.


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The policy shall have no exclusion for blasting and must contain a "CompletedOperations" clause. The Contractor shall prove to the satisfaction of theCorporation from time to time as the Engineer/Consultant may require, that allpremiums on such policy or policies of insurance have been paid and that theinsurance is in full force and effect, and also that he has complied with all

provisions in the Workmen's Compensations Act.

The policy or policies shall remain in the custody of the Corporation and theContractor shall maintain all policies until the date of acceptance of the entirework by the Engineer/Consultant.

3.3 NOTICES BY THE CONTRACTOR AND OBSERVANCE OF LAWS,STATUTES AND REGULATIONS The Contractor shall give notice of the dateof commencement of the work to any department or agency of the Provincial orFederal Government and to any person, partnership or corporation, including amunicipal corporation and any board or commission thereof who may be

affected by the work, at least one (1) week in advance of such date.The Contractor shall obtain at his own expense all licenses or permits requiredby by-law or statutes and regulations made there under. In the case ofaccidental damage to, or interference with any utilities, pole lines, pipe lines,farm tile or other public or other privately owned works, the Contractor shallimmediately notify the owner of the location and details of such damage orinterference.

The Contractor shall post prominently and maintain on the site of the work andwherever else the Engineer/Consultant may require, legible copies of any

notice, schedule or other information that he is required to post under thisContract or any statute, regulation, by-law or agreement.

The Contractor shall comply with all applicable statutes and regulations andwithout limiting the generality of the foregoing, ordinances, by-laws, the latestrevision of The Occupational Health and Safety Act, R.S.O., 1990, Chapter 0.1and other regulations from time to time imposed by law as related to the workunder the contract, and will pay all statutory fees, assessments and otheramounts required to be paid under Workplace Safety and Insurance Boardregulations.

3.4 ASSIGNMENT SUBLETTING The Contractor shall not assign, transfer orsublet the whole or any portion of this Contract, or the whole or any portion ofthe work to be performed under this Contract, without the written consent of theEngineer/Consultant.

The Contractor shall not transfer or assign any monies which may be due orwhich may become payable under this Contract without the consent in writing ofthe Engineer/Consultant, provided that any consent so given shall not under anycircumstances relieve the Contractor of liabilities and obligations assumed byhim under this Contract.


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The Contractor shall obtain a waiver of all liens or other claims of every kindwhatsoever against the owner and shall protect himself regarding all mattersconcerning a sub-contractor's insurance, liens, wages or other claims againstthe job. This clause, however, does not apply to the furnishing of materials for

the different parts of the works, for which materials, however, the Contractor willbe held strictly responsible and no excuse for the quality of the material or forthe non-delivery in good time by any sub-contractor as affecting the progress ofthe work will be entertained.

Where a bidder has withdrawn his bid on this Contract after the closing oftenders or, having been offered this Contract by the Corporation has for anyreason failed to enter into it, the Contractor shall not assign, transfer or subletany part of this Contract nor shall he rent any equipment or purchase anymaterial required for this Contract if such assignment, rental or purchase willresult in such bidder or any person, firm or corporation having an interest in

such bidder, directly or indirectly receiving any benefit.3.5 PATENTS AND COPYRIGHTS The Contractor shall indemnify and save

harmless the Corporation from all and every claim for damages, royalties orfees for the infringement of any patented invention or copyright occasioned byhim in connection with work done or material furnished by him under thisContract.

3.6 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES The Contractor, hisagents and all workmen and persons employed by him, or under his controlincluding Sub-Contractors, shall use due care that no person or property is

injured and that no rights are infringed in the prosecution of the work, and theContractor shall be solely responsible for any and all damages by whomsoeverclaimable in respect of any injury to persons or to lands, buildings, structures,fences, livestock, trees, crops, roads, ways, ditches, drains and water-courses,whether natural or artificial, or property of whatever description and in respect ofany infringement of any right, privilege or easement whatever occasioned in thecarrying on of the work or any part thereof, or by any neglect, misfeasance ornonfeasance on the Contractor's part or on the part of any of his agents,workmen or persons employed by him or under his control including Sub-Contractors and shall bear the full cost thereof and shall at his own expense,make such temporary provisions as may be necessary to ensure the avoidance

of any such damage, injury or infringement and to prevent the interruption of ordanger or menace to the traffic on any railway or any public or private road, andto secure to all persons and corporations the uninterrupted enjoyment of all theirrights, in and during the performance of the work; and the Contractor shallindemnify and save harmless the Corporation from and against all claims,demands, loss, costs, damages, actions, suits or other proceedings bywhomsoever made, brought or prosecuted in any manner based upon,occasioned by, or attributed to any such damage, injury or infringement.


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Wherever any work is of such an extent and nature that it must necessarily beconfined to particular areas of the road allowance the Contractor shall usereasonable care not to damage or deface the remaining portions of the roadallowance, and if any damage is occasioned as a result of his default under thissection, it shall be rectified by the Contractor at his own expense, to the

satisfaction of the Engineer/Consultant.

All loss or damage occasioned to the work or arising out of the nature of thework to be done, or from any action of the elements or from any reasonablyforeseeable circumstance in the prosecution of the same, or from any normalobstruction or difficulties which may be encountered in the prosecution of thework, having regard to the nature thereof, shall be sustained and borne by theContractor at his own expense, and all material required to replace anydefective or rejected work, or to restore any failure shall be at the expense ofthe Contractor.

Notwithstanding the indemnity provision contained in this section, where in theopinion of the Engineer/Consultant the Contractor has failed to rectify anydamage, injury, or infringement or has failed to adequately compensate anyperson for any damage, injury or infringement for which the Contractor isresponsible under this Contract, the Corporation, following notice in writing tothe Contractor of its intention so to do, may withhold payment of monies due tothe Contractor under this or any other Contract until the Contractor has rectifiedsuch damage, injury or infringement or has paid adequate compensation forsuch damage, injury or infringement provided, however, that the Corporation willnot withhold such monies where there is a reasonable disagreement withrespect to the rights of the party affected and the Contractor has given such

person a reasonable time in which to take court action to establish the validity ofthe claim.

3.7 REMOVAL OF OBSTRUCTIONS The Contractor assumes all the risks andresponsibilities arising out of any obstruction on under the road allowance andany traffic conditions caused by such obstruction including traffic conditions onany highway or road giving access to the Contract area and he shall not makeany claim against the Corporation for any loss, damage or expense occasionedthereby.

3.8 WORK STOPPAGES AND LABOUR DISPUTES The Contractor shall bear the

risk and responsibility of any loss, damage or expense to the work or to himselfof any nature and kind whatsoever, arising from strikes or labour disputes.

3.9 ACCURACY AND COMPLETENESS OF PLANS No responsibility will beassumed by the Corporation for the accuracy or completeness of any plans ordata furnished by it with respect to any utilities, pipes, structures or otherobjects, either underground or on the surface and should such plans or data befound incorrect or incomplete, the Contractor shall have no claim on any suchaction.


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Wherever the work or any portion thereof crosses or runs alongside existingutilities, pipes, structures, or other objects, the Contractor must satisfy himselfas to the exact position of same and shall be bound to secure their safety. TheContractor shall provide for any work he may have to perform in passing suchstructures, without extra remuneration.

3.10 PROVISION FOR TRAFFIC, DETOURS, BARRIERS AND LIGHTS TheContractor shall at all times carry on the work in a manner that will create theleast interference with traffic consistent with the faithful performance of thework. The Contractor shall not close the road except with the approval in writingof the Engineer/Consultant.

The Contractor shall, at his own expense, and without further or other order,provide, erect and maintain all requisite detours, barriers, fences or other properprotection, and must provide, keep and maintain such watchman and lightsacceptable as may be necessary or as may be ordered by the City

Engineer/Consultant, in order to ensure safety to the public as well as to thoseengaged about the premises or works.

The Contractor must provide a sufficient number of "NO THOROUGHFARE" orother proper notices which he must cause to be placed and maintained in goodorder in conspicuous places wherever any roadway, sidewalk or thoroughfare istorn up or dangerous, and as long as it remains unsafe or unfinished.

When required by the Engineer/Consultant, the Contractor shall supplywatchmen, at his own expense, at each end of the portion or portions of theroadway closed to traffic to protect barricades and direct traffic and shall cause

such watchmen to be on duty at each end of such closed portions for twenty-four (24) hours of every day of closure.

The Contractor shall at his own expense and prior to the acceptance of thework, rectify to the satisfaction of the Engineer/Consultant any defacement ofroad allowances due to the construction and maintenance of detours.

When any work is carried on at night, the Contractor must supply, at his ownexpense, a sufficient number of electric or other approved and efficient lights, toenable the work to be done in an efficient and satisfactory manner, and theEngineer/Consultant shall have the power to order additional lights to be put on

at the Contractor's expense, if, in the Engineer/Consultant's opinion, they are ormay be required.

If at any time, the Contractor fails to provide for the safe passage and control oftraffic on any existing road or detour for which, under these General conditions,he is responsible, and if the Contractor fails to correct forthwith such anunsatisfactory condition upon being so directed in writing, theEngineer/Consultant may immediately correct the unsatisfactory condition andtake such other action as he deems necessary for the safe passage and controlof traffic. Any cost or expense incurred by the Corporation for such action will


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be collected as outlined in Section 6.6 herein. No act or failure to act on thepart of the Engineer/Consultant under this paragraph shall relieve theContractor from his responsibilities under this Contract.

3.11 CARE OF WORKS The care of the works until completed and delivered to the

owner shall rest solely with the Contractor, who shall assume all risk of damageto the work, whether by the Act of God, the Queen's enemies, or otherwise.

3.12 ERRORS BY CONTRACTOR In the event of conflict or uncertainty in the bidprices submitted by the Contractor in the form of Tender, the unit prices shallgovern to determine the price calculated on the basis of the unit prices and thistotal price shall be considered the official figure for the purposes of bidcomparison and eventual contract price.

Changes, errors or mistakes made by the Contractor or his agents, workingmen, or employees, either through carelessness or otherwise, must be rectified

by the Contractor at his own expense.3.13 VERBAL ARRANGEMENTS In all cases of misunderstandings and disputes,

verbal arrangement will not be considered, but the Contractor must producewritten authority in support of his attempt to use any conversation with anyparties against the Corporation or in prosecuting any claim against theCorporation.

3.14 OTHER'S RIGHTS The Contractor must afford all reasonable and necessaryfacilities to the Corporation or any of its employees, as well as to any company,corporation or party owning or operating any railway, tramway, wires, pipes, or

conduits or other works or property on, alongside or near the line of the works orin their vicinity. They shall notify all such parties before interfering with any oftheir property, rights or privileges, and must work in harmony with them as faras he possibly can.

The Engineer/Consultant shall have the right at any time to open up any portionof the works, or to grant permission for such opening to be made or left by theContractor, as he, the said Engineer/Consultant, may deem advisable, for thepurpose of examining, repairing, or laying any water, gas or other pipes,sewers, trains, track or other underground or surface construction. Any suchpermission or the exercise of such rights either by the Engineer/Consultant or

by any other person or corporation having the requisite authority (eitherstatutory or otherwise) shall not relieve the Contractor from any of hisresponsibilities or obligations, nor shall the opening up of any portion of thework for these or any other purposes by any other parties relieve the Contractorof such responsibilities or obligations except only for the portion of work actuallytorn up and destroyed and then only in case the Contractor applies in writing forsuch relief, at the time the work is being done, or within ten (10) daysafterwards, and can furnish a sufficient cause in the Engineer/Consultant'sopinion why such relief should be granted.


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3.15 CONTRACT BOND Before the Contract is signed by the Corporation officials,the Contractor, to whom it has been awarded, shall deposit with the CorporationClerk a Contract Bond in an amount as set out in the Instructions to Bidders (ofall labour and materials and a performance bond) of the total estimated ContractPrice. These Bonds shall be furnished by a reputable bonding company and

shall guarantee all conditions set out in the Contract including, not only allmatters pertaining to the actual construction and execution of the work, but alsoall matters for which the Contractor is responsible throughout the period ofmaintenance or warranty. This bond shall be approved by the Manager ofPurchasing before being accepted by the Corporation Council.

4.0 CONTROL OF THE WORK

4.1 AUTHORITY OF THE ENGINEER/CONSULTANT The Engineer/Consultantmay supervise and direct all work included herein and he shall have authority to

stop the work whenever such stoppage, in his opinion, may be necessary toensure the proper execution of the Contract. He shall also have authority toreject all work and materials which do not conform to the Contract, to direct theapplication of forces to any portion of the work as in his judgment is required, toorder the force increased or diminished, and to decide all questions which arisein the execution of the work.

During the progress of the work and after completion thereof, should anydiscrepancies appear or difference of opinion or misunderstanding arise as tothe meaning of the Contract, or as to the omission there from or mis-statementtherein, in any respect, or as to the quality, dimensions or sufficiency of the

materials, plant or work, or any part thereof, or as to the due and properexecution of the works, or as to measurements, quality, quantity, or valuation ofany works executed under this Contract, or as to extras thereupon ordeductions there from, or as to other questions or matters arising out of theContract, the same shall be determined by the Engineer/Consultant, who shallhave the right at all reasonable times to visit, enter, and inspect any buildings,factories, work shops, or works of the Contractor or others wherever anymaterials are being prepared, manufactured, or treated, or other work is beingdone in connection with this Contract, and his decision shall be final and bindingon all parties concerned, and from it there shall be no appeal.

The Contractor shall immediately, when ordered by the Engineer/Consultant,proceed with and execute the work or works or any part thereof, forthwith,according to such decisions and with such additions or deductions from theContract price as are provided under the terms of the Contract without makingany claims for any extension of time in completing the Contract, unlessauthorized in writing by the Engineer/Consultant as herein provided.

In the absence of the Engineer/Consultant, any of his assistantEngineer/Consultants, whom he may designate to superintend the works, shallhave (subject to instructions of the Engineer/Consultant) full power to decide as


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to the manner of conducting and executing the works in every particular, andthe Contractor shall follow the instructions or orders of the person sodesignated. The Engineer/Consultant has no authority to relieve the Contractorof any of his responsibilities under this Contract.

4.2 SUPERVISION, INSPECTION AND SAMPLES The Contractor shall at all timesand at his own expense furnish all reasonable aid and assistance required bythe Engineer/Consultant or Inspector for the proper inspection and examinationof the work or any part thereof. The Contractor, shall, at his own expense,furnish samples for testing when required by the Engineer/Consultant and shallfurnish all reasonable facilities for the inspection of material and workmanship.The Contractor shall obey the directions and instructions of theEngineer/Consultant or of any Inspector so appointed and they shall be made inwriting at the request of the Contractor.

Inspectors are required to see that the provisions of the Specifications are

faithfully adhered to, especially as regards the quality of workmanship andmaterials, and shall have the power to suspend any workman for incompetence,drunkenness, or negligence or disregard to orders. An Inspector may stop thework entirely if there is not sufficient quantity of suitable and approved materialon the ground to carry it on properly, or for any other good and sufficient reason.

Any work done in the absence of any Inspector may be ordered to be openedup for thorough examination and must be re-built or replaced as directed and atthe Contractor's sole expense.

The Contractor must, at once obey orders given by Inspectors relative to the

quality of material and workmanship,, but Inspectors have not the power to setout work or give stakes, lines, gauges, levels or grades. Any orders ordirections, other than as herein provided or given by Inspectors shall not bebinding upon the Corporation.

Before any material of any kind is used in the work related to excavation or roadconstruction, the Contractor shall submit samples thereof for the approval of theEngineer/Consultant, and no material shall be used which is in any way inferiorto the approved samples; but it is understood that the approval of any