table of contents tender call no. 196-2019 contract no. 19ecs … · 2020. 6. 15. · 3. tender...

Table of Contents Tender Call No. 196-2019 Contract No. 19ECS-LU-02

ECS Linear Rev. 6.01

Tabl e of C ontents

Number of Pages

Page No.

Section 1 – Tender Process Terms and Conditions 17

1. Definitions 1-1 2. Bidder’s Responsibility 1-3 3. Tender Submission Package 1-3 4. Bid Bond 1-4 5. Site Meetings Mandatory/Optional 1-4 6. Fair Wage Policy 1-4 7. Social Procurement Program 1-5 8. Gender Diversity in City Procurements 1-7 9. Questions 1-7 10. Addenda 1-8 11. Omissions, Discrepancies and Interpretations 1-8 12. Bidders Shall Bear Their Own Costs 1-8 13. Limitation of Liability 1-8 14. Post-submission Adjustments 1-8 15. Withdrawal of Bids 1-9 16. Irrevocability 1-9 17. Acceptance of Bids 1-9 18. Non-compliant Bids 1-10 19. Execute Contract 1-12 20. Offer to Agencies and Corporations -Piggyback Option 1-13 21. Failure or Default of Bidder 1-13 22. Currency 1-13 23. Tied Bids 1-13 24. Mathematical Errors 1-13 25. Ownership and Confidentiality of City Provided Data 1-14 26. Ownership and Disclosure of Bid Documentation 1-14 27. Intellectual Property Rights 1-14 28. Notification to Other Bidders 1-14 29. Debriefing 1-14 30. Bid Protest Procedure 1-15 31. Supplier Code of Conduct 1-16 32. Governing Law and Interpretation 1-17

4 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Number of Pages

Page No.

Section 2 – Information for Bidders 12

1. General Information 2-1 2. Mandatory Site Meetings 2-2

Optional Site Meetings 2-2 3. Deadline for Questions 2-2 4. Fair Wage Schedule Information 2-2 5. Social Procurement Program – Workforce Development

Requirement 2-2

6. COR™ Certification Requirement 2-2 7. Invoice and Billing Requirements 2-3 8. Instructions for Section 3 – Tender Submission Package 2-5

8.1. Mandatory Bid Submission Requirements 2-5 A. Tender Call Cover -6 B. Bid Bond and Other Security 2-6 C. City Policies Submission Form 2-6 D. Pricing Form 2-6 E. Experience and Qualifications Form 2-7

8.2. Mandatory Submission Requirements Prior to Award 2-8 A. Statutory Declaration Form for the Occupational

Health and Safety Act 2-8

B. COR™ Certificates 2-9 C. List of Subcontractors Form 2-9 D. Corporate Profile Report 2-10

9. Electrical Items 2-11 A. Electrical Traffic Control Devices 2-11 B. Electrical Management Devices 2-11

Section 3 – Tender Submission Package

1. Bid Bond 2 3-1 2. Statutory Declaration Form for OHSA with Asbestos

Abatement Training 5 3-3

3. City Policies Submission Form 6 3-8 4. List of Subcontractors Form 1 3-14 5. Experience and Qualifications Form 3 3-15 6. Pricing Form 14 3-18

Section 4 – Scope of Work 5 4-1

Contract Drawings Separate Attachment

Geotechnical / Subsurface Reports Separate Attachments

Section 4A – Special Specifications 181 4A-1

Attachment 1 – Field Services Manual Appendix E (Feb 2016) 10 E-1

5 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Number of Pages

Page No.

Section 5 – General Conditions of Contract 62 5-1

Section 5A – Specific Conditions of Contract 17 5A-1

Section 6 – Contract Execution Package

1. Form of Agreement 7 6-2 2. Performance Bond 1 6-9 3. Labour and Material Payment Bond 1 6-10 4. WSIB & Tax Statutory Declaration Form 1 6-11 5. Insurance Certificate 2 6-12 6. Supplementary Statutory Declaration Form for OHSA with

Asbestos Abatement Training 5 6-14

Section 7 – City Policies

1. Chapter 67 Schedule A – Fair Wage Policy 5 7-2 2. Chapter 67 Schedule B – Labour Trades Contractual

Obligations in the Construction Industry 2

3. Applicable Chapter 67 Schedule C – Fair Wage 1 4. City of Toronto Accessible Customer Service Training

Requirements 1

5. Social Procurement Program 7 6. Right to Reject Debtors and Set-off Policy 6 7. Tree Protection Policy and Specifications for Construction

Near Trees 18

8. Contractor Performance Evaluation Form 1 Section 8 – City-led/City-endorsed Workforce Development Programs N/A

Notice of 'No-Bid' Form 1

6 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 1 – Tender Process Terms and Conditions Tender Call No. 196-2019 Contract No. 19ECS-LU-02FP

ECS Linear Rev. 6.01 Page 1-1

Section 1 – Tender Pr ocess Ter ms and C onditi ons

1. Definitions

Throughout this Tender Call, unless inconsistent with the subject matter or context, “Addenda” or “Addendum” means a document containing additional information or changes to the Tender Call issued by the City prior to the Closing Date or both; "Affiliate" means an affiliated body corporate as defined in the Business Corporations Act, R.S.O. 1990, c. B.16 as amended; "Affiliated Person" means everyone related to the Bidder including, but not limited to employees, agents, representatives, organizations, bodies corporate, societies, companies, firms, partnerships, associations of persons, parent companies, and subsidiaries, whether partly or wholly-owned, as well as individuals, and directors, if: (A) directly or indirectly either one controls or has the power to control the other, or (B) a third party has the power to control both. “Bid” means an offer submitted by a Bidder in response to a Tender Call, which includes all of the documentation necessary to satisfy the submission requirements of the Tender Call and “Bids” shall have a corresponding meaning; “Bidder” means a legal entity, being a person, partnership or firm that submits a Bid in response to a formal Tender Call and “Bidders” shall have a corresponding meaning; “Buyer” means the main contact person at the City for all matters related to the Tender Call process, as set out on the Tender Call Cover Page; “Chief Purchasing Official” means the person holding the position of Chief Purchasing Officer of Purchasing and Materials Management whose responsibility it is to supervise and carry out the procurement function on behalf of the City and includes his or her designate; “City” means the City of Toronto; "City’s Policies and Legislation" means Chapter 195, Purchasing, of the Toronto Municipal Code and the related procurement policies and procedures set out on the City of Toronto website at: https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation; “Closing Date” means the specified deadline for Bids to be submitted to the City as indicated on the Tender Call Cover Page and any subsequent Addenda; “Conflict of Interest” includes, but is not limited to, any situation or circumstance where: a) in relation to the Tender Call process, the Bidder has an unfair advantage or

engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having access to information in the preparation of its Bid that is confidential to the City and not available to other Bidders; (ii)

7 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation




communicating with any person with a view to influencing preferred treatment in the Tender Call process including the giving of a benefit of any kind, by or on behalf of the Bidders to anyone employed by, or otherwise connected with, the City; or (iii) engaging in conduct that compromises or could be seen to compromise the integrity of the open and competitive Tender Call process and render that process non-competitive and unfair; or

b) in relation to the performance of its contractual obligations in the City contract, the Contractor’s other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations;

“Contract” means the Contract Execution Package duly executed by the Successful Bidder and the City with respect to the Work contemplated by this Tender Call, and shall be deemed to include all terms and conditions set out in this Tender Call; “Contract Administrator” means the main contact person at the City for all matters relating to the project. The reference to “Project Manager” means the same; “Contractor” means the Successful Bidder of the Tender Call with whom the City enters into a Contract with to perform the Work; “Council” means City Council; "Diverse Supplier" means any business or enterprise that is certified by a Supplier Certification Organization to be: More than 51% (majority) owned, managed and controlled by persons belonging

to an equity-seeking community, or A social purpose enterprise whose primary purpose is to create social,

environmental or cultural value and impact, and where more than 50% of the persons who are full-time equivalent employees or are participating in, or have completed, transitional employment training, experience economic disadvantage.

"Equity-seeking Community" means a group that experiences discrimination or barriers to equal opportunity, including women, Aboriginal People, persons with disabilities, newcomers/new immigrants, LGBTQ+ people, visible minorities/racialized people, and other groups the City identifies as historically underrepresented.

"Social Enterprises" are enterprises that employ business methods and practices to create employment or training opportunities for low income or marginalized individuals.

"Supplier Certification Organization" means a non-profit organization recognized by the City of Toronto that certifies businesses and enterprises as Diverse Suppliers by assessing them using established, consistent criteria. Recognized Supplier Certification Organizations include:

8 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• Canadian Aboriginal and Minority Supplier Council • Canadian Gay and Lesbian Chamber of Commerce • Social Purchasing Project • Women Business Enterprise Canada • Inclusive Workplace Supply Council of Canada • Canadian Council for Aboriginal Business

"Work-based Learning" means skill development and learning activities performed in a real work environment and through practice. Activities may range from shorter and less formal work exposure to longer term and more formal supportive work placements.

"Workforce Development" means a relatively wide range of activities, policies and programs to create, sustain and retain employment, apprenticeship, and training opportunities for people experiencing economic disadvantage. Suitable approaches can integrate career exploration, industry–driven education and training, employment, and career advancement strategies. Workforce development is facilitated by the collaboration between employers, training and education institutions, government, and communities.

2. Bidder’s Responsibility

It shall be the responsibility of each Bidder: a) to acquire, from online or other sources as specified, any document (including any

applicable copyright seal) that is referenced or mentioned in this Tender Call which is not physically attached herein;

b) to examine all the components of this Tender Call, including all appendices, forms and addenda;

c) to become familiar and comply with all of the terms and conditions contained in this Tender Call and the policies and legislation set out on the City's website at: https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/.

The failure of any Bidder to acquire, receive or examine any document, form, addendum, or policy shall not relieve the Bidder of any obligation with respect to its Bid or any purchase order issued based on its Bid.

3. Tender Submission Package

To submit a valid Bid, Bidders must complete, in ink, all the applicable forms in Section 3 – Tender Submission Package, and complete, sign and seal the Tender Call Cover Page. As a means of facilitating the announcement of the Bid amounts, the Bidder is to complete the Tender Call Cover Page, including filling in the “Amount of Bid Herein” in the space provided. This insertion is to facilitate the conduct of the Public Opening meeting only. For Lump Sum Tenders, in the event of any discrepancy between the information so inserted on the front cover and the amount set out in the Pricing Form in

9 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/

https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/



Section 3, the Pricing Form total shall govern. For Unit Price Tenders, where any discrepancy exists between the total price and the unit price, the unit price shall prevail and the total price shall be adjusted accordingly.

4. Bid Bond

Every Bid shall be accompanied by a Bid Bond in the provided form in the amount of 4 per cent of the Bid price signed by a guarantee surety company, acceptable to the City Treasurer, authorized by law to carry on business in the province of Ontario, and having an office in Ontario, to secure the execution of the formal Contract. Failure of a Bidder to submit a fully completed Bid Bond in the form enclosed in Section 3 – Tender Submission Package, shall result in the Bid being rejected as non-compliant. Submitting a photocopy of the Bid Bond is not acceptable.

5. Site Meetings Mandatory Site Meetings

If a mandatory site meeting has been indicated in the Tender Call, then interested Bidders MUST attend the site meeting to familiarize themselves with the project and ascertain the full extent of the Work required. Bidders must sign in with the City’s representative at the mandatory site meeting during the designated date and time for their Bid to be considered. Bids submitted by Bidders that do not attend the mandatory site meeting SHALL be declared non-compliant.

Optional Site meetings If a mandatory site meeting is not required, interested Bidders may be invited to attend an optional site meeting as indicated on the Tender Call Cover Page to familiarize themselves with the project and ascertain the full extent of the work required. Any information available at the optional site meeting will be issued by an Addenda to the list of Bidders who purchased the Tender from the City.

6. Fair Wage Policy The Bidder agrees to abide by the Fair Wage Policy as found in Section 7 – City Policies and pay its workers the appropriate wage as set out in the applicable Fair Wage Schedule(s). The Fair Wage Schedule(s) applicable to this Tender Call is set out in Section 2 – Information for Bidders. As per the Fair Wage Policy, in the case of a jurisdictional dispute or disputes as to rate of wages to be paid under the Contract or to the amount to be paid to any worker, the decision of the manager of the Fair Wage Office, shall be final and binding upon all parties. Failure to comply with the Fair Wage Policy, or being in violation of the Fair Wage Policy without paying restitution as set out in the Fair Wage Policy (Chapter 67 – Fair Wage – Schedule A Fair Wage Policy § 67-A8D) may result in the Bid being declared non-compliant.

10 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



7. Social Procurement Program The goal of the City of Toronto Social Procurement Program which is to drive inclusive economic growth in Toronto by improving access to the City's supply chain for certified diverse suppliers and leverage employment, apprenticeship and training opportunities for people experiencing economic disadvantage, including those from equity-seeking communities. The City of Toronto expects its Bidders to embrace and support the City of Toronto Social Procurement Program and its respective goals. Social procurement creates social value for the City in addition to the delivery of efficient goods, services, and works. The City of Toronto Social Procurement Program consists of two components: Supplier Diversity and Workforce Development. For more information on the City of Toronto Social Procurement Program, visit: http://www.toronto.ca/purchasing/socialprocurement a) Supplier Diversity Requirements

The goal of supplier diversity is to increase the diversity of the City's supply chain by providing diverse suppliers with equitable access to competitive procurement processes. As part of the Social Procurement Program, the City encourages Bidders to develop or implement and active supplier diversity policy. This policy may demonstrate its commitment to diversity by (but not limited to): • Describing the Bidder's commitment to providing equitable access to

subcontracting opportunities for diverse suppliers; • Describing the Bidder's commitment to a proactive employment diversity

program, including providing the company approved employee diversity policy; or,

• Obtaining diverse supplier certification from a City-endorsed Supplier Certification Organization.

For reporting purposes, the City may ask Bidders to indicate whether they are developing or are implementing a company-approved supplier diversity policy.

b) Workforce Development

The goal of Workforce Development (WD) is to increase the number of employment, apprenticeship and training opportunities leveraged for people experiencing economic disadvantage, including those from equity-seeking communities. As part of the Social Procurement Program, the City may require Bidders to implement a Workforce Development Plan (WD Plan). If required, Section 2-5 – Social Procurement Program – Workforce Development Requirement will detail the specifics of one or more Workforce Development Strategies (WD Strategy) to be implemented. The WD Plan will comprise one (1) or more of the following WD Strategies, with the details specific to each individual tender:

11 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www.toronto.ca/purchasing/socialprocurement



i. Customized Recruitment

Customized recruitment initiatives involve working with City-endorsed workforce development programs to source qualified employment candidates for available jobs in conjunction with existing hiring methods.

ii. Training and Work-based Learning Skills Development

Training includes programming that allows candidates to formally gain the skills required to compete for emerging job opportunities. This may include but is not limited to supporting the attainment of professional certifications or licensing for specific candidate groups (e.g., Newcomer professionals, youth, etc.). Work-based learning includes but is not limited to activities that emphasize learning in a real work environment and through practice on the job. Activities range from shorter and less formal workplace exposure (e.g., workplace tours and job shadowing) to longer term and more intensive opportunities (e.g., paid internships with specific skill development objectives).

iii. Opportunities for Registered Apprenticeships during Construction

Identify opportunities to hire, directly and/or through Subcontractors, registered apprentices through City-endorsed apprenticeship training programs that provide candidates with access to the skilled trades.

iv. Use of Social Enterprise in the Supply Chain

Identify opportunities to subcontract components of work or services to social enterprises. Social Enterprises are enterprises that employ business methods and practices to create employment or training opportunities for low income or marginalized individuals.

v. Other Employment-Related Activities

Any other appropriate activities that will provide employment-related opportunities to workforce development candidates will also be considered. Other Employment-related activities that qualify under this category may include but are not limited to the following: • Participating in sector/industry career information sharing, learning and

networking events • Providing mentoring through established mentorship programs • Supporting pre-employment workshops such as resume and interview skills

development

12 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



8. Gender Diversity in City Procurements As part of City Council's support to enhance gender diversity on boards of corporations, all corporations conducting business with the City of Toronto are encouraged to utilize an intersectional analysis to strive to have gender parity on their corporate boards.

9. Questions All questions concerning this Tender Call should be directed in writing to the Buyer as designated on the Tender Call Cover Page. No other City representative, whether an official, agent or employee, is authorized to speak for the City with respect to this Tender Call, and any Bidder who uses any information, clarification or interpretation from any other representative does so entirely at the Bidder’s own risk. Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt by a Bidder to bypass the Tender Call process may be grounds for rejection of its Bid. Commencing from the issue date of this Tender Call until the time of any ensuing Award and execution of the final form of contract, no communication shall be made by any person, including potential Bidders, or its representatives, including a third-person representative employed or retained by it (or any unpaid representatives acting on behalf of either), to promote its Bid or oppose any competing Bid, nor shall any potential Bidder, or its representatives, including a third-person representative employed or retained by it (or any unpaid representatives acting on behalf of either), discuss this Tender or its Bid with any City staff, City officials or Council member(s), other than a communication with the Buyer as identified on the Tender Call Cover Page. Communications in relation to this Tender Call outside of those permitted by the applicable procurement policies and this Tender Call document contravene the Lobbying By-law, an offence for which a person is liable to a maximum fine of $25,000.00 on a first conviction and $100,000.00 on each subsequent conviction. In addition, the City's Supplier Code of Conduct provides that any Bidder found in breach of the policy may be subject to disqualification from the call or suspended from future call or calls at the discretion of the Chief Purchasing Official or Council. Notwithstanding anything to the contrary set out in this document, the obligations with respect to lobbying as set out in the City of Toronto Municipal Code, Chapter 140 shall apply. The links to the City's Supplier Code of Conduct (Article 13 of the Purchasing By-law) Procurement Processes Policy, Lobbying By-Law and Interpretive Bulletin on Lobbying and Procurement are as follows: • www.toronto.ca/wp-content/uploads/2017/08/9587-Procurement-Processes-Policy-

January-1-2017.pdf • www.toronto.ca/legdocs/municode/1184_140.pdf • www.toronto.ca/city-government/accountability-operations-customer-

service/accountability-officers/lobbyist-registrar/guidelines-regulatory-bulletins/interpretation-and-advisory-bulletins/

13 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www.toronto.ca/wp-content/uploads/2017/08/9587-Procurement-Processes-Policy-January-1-2017.pdf

http://www.toronto.ca/wp-content/uploads/2017/08/9587-Procurement-Processes-Policy-January-1-2017.pdf

http://www.toronto.ca/legdocs/municode/1184_140.pdf

http://www.toronto.ca/city-government/accountability-operations-customer-service/accountability-officers/lobbyist-registrar/guidelines-regulatory-bulletins/interpretation-and-advisory-bulletins/





10. Addenda If the City, for any reason, determines that it is necessary to provide additional information relating to this Tender Call, such information will be communicated to all Bidders by Addenda. Each Addendum shall form an integral part of this Tender Call. Such Addenda may contain important information, including significant changes to this Tender Call. Bidders are responsible for obtaining all addenda issued by the City. All Bidders must acknowledge receipt of all Addenda in the space provided on the Tender Submission Form. The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the final Addendum (if any) no later than two (2) days prior to the Closing Date. If any Addendum is issued after the deadline for issuing Addenda, the City may at its discretion extend the Closing Date for a reasonable amount of time.

11. Omissions, Discrepancies and Interpretations A Bidder who finds omissions, discrepancies, ambiguities or conflicts in any of the Tender Call documentation or who is in doubt as to the meaning or has a dispute respecting any part of the Tender Call should notify the Buyer in writing not later than three (3) working days before the Closing Date. If the City considers that a correction, explanation or interpretation is necessary or desirable, the City will issue an Addendum as described in the article above titled Addenda. The decision and interpretation of the City respecting any such disputes shall be final and binding, from which there is no appeal. No oral explanation or interpretation shall modify any of the requirements or provisions of the Tender Call documents.

12. Bidders Shall Bear Their Own Costs Bidders shall bear all costs associated with or incurred by the Bidder in the preparation and presentation of its Bid including, if applicable, costs incurred for samples, interviews or demonstrations.

13. Limitation of Liability The City shall not be liable for any costs, expenses, loss or damage incurred, sustained or suffered by any Bidder prior, or subsequent to, or by reason of the acceptance or the non-acceptance by the City of any Bid, or by reason of any delay in the acceptance of a Bid, except as provided in the Tender documents.

14. Post-submission Adjustments No unilateral adjustments by Bidders to submitted Bids will be permitted.

14 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



15. Withdrawal of Bids

A) Prior to the Closing Date A Bid may be withdrawn at any time prior to the Closing Date by delivering a written notice, signed by a person who has authority to bind the Bidder, to the City of Toronto Purchasing and Materials Management Division at the address specified on the Tender Call Cover Page. The notice shall identify the Bidder and, if more than one Bid has been submitted by that Bidder, the particular Bid(s) to be withdrawn. Any Bids that are properly withdrawn will not be opened or evaluated for the purpose of the Tender Call, but shall be retained for the City's record retention purposes.

B) During Opening

Not Applicable

16. Irrevocability

After the Closing Date each submitted Bid shall be irrevocable and binding on Bidders for a minimum period of 90 days.

17. Acceptance of Bids A. The City shall not be obliged to accept any Bid in response to this Tender Call.

B. The City may modify and/or cancel this Tender Call prior to accepting any Bid.

C. Bids may be accepted or rejected in total or in part.

D. The lowest quoted price may not necessarily be accepted by the City.

E. In determining which Bid provides the best value to the City, consideration may be

given to the past performance of any Bidder. Bidders and their Affiliated Persons that are currently on a City suspended vendor list are not eligible for an award. The City also reserves the right not to make an award to an affiliate of a suspended vendor.

F. The City reserves the right to verify the validity of information submitted in the Bid and may reject any Bid where, in the City’s sole estimation, the contents appear to be incorrect, inaccurate or inappropriate.

G. If the City makes a request to a Bidder for clarification of its Bid, the Bidder will provide a written response within 48 hours accordingly, unless otherwise indicated, which shall then form part of the Bid.

H. The City reserves the right to assess the ability of the Bidder to perform the Contract and may reject any Bid where, in the City’s sole estimation, the personnel and/or resources of the Bidder are insufficient.

15 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



I. The City may reject a Bid as non-compliant, if it determines, in its sole discretion, that the Bid is materially unbalanced.

A bid is materially unbalanced when: 1) it is based on prices which are significantly less than the cost for some items of work

and prices which are significantly overstated in relation to the cost for other items of work; and

2) the City had determined that the Bid may not result in the lowest overall cost to the City even though it may be the lowest submitted bid; or

3) it is so unbalanced as to be tantamount to allowing an advance payment on the contract.

18. Non-compliant Bids

The City reserves the right to waive minor irregularities in any Bid. The chart below lists irregularities and the respective action that will be taken by the Chief Purchasing Official, in determining whether a Bid is non-compliant. The Chief Purchasing Official is not limited to the following list for reasons to declare a Bid non-compliant. Bidders are reminded to read the entire Tender Call document, as failure to comply with other requirements may or shall result in a Bid being declared non-compliant.

No. Irregularity Response

1 Late Response Automatic Rejection, not received, or if received, not read publicly, returned unopened to the bidder or proponent

2 Unsealed Envelope(s) or package(s)

Automatic Rejection, not received, or if received, not read publicly, returned to the bidder or proponent

Bid Security – Execution

3

No bid security; Cheque not certified; or, Not an original bid security (e.g. a photocopy or a facsimile of a bid bond)

Automatic Rejection

Insufficient bid security Automatic Rejection Does not name "City of Toronto" Automatic Rejection

Bid bond missing bidder's seal Automatic Rejection Bid bond missing SURETY seal Automatic Rejection Bid bond missing authorized signature of bonding company Automatic Rejection

Bid bond missing authorized signature of bidder Automatic Rejection

Response Document – Execution

4 Original response not completed in non-erasable medium and signed in ink

Automatic Rejection

16 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



No. Irregularity Response Response not in English Automatic Rejection Response document missing signature of bidder Automatic Rejection

Response document(s) in which all addenda issued have not been acknowledged

Automatic Rejection, unless in the opinion of the Purchasing Manager, the addenda do not significantly impact the response in which case the bidder will be given 2 business days after official notification to formally acknowledge the addenda, with no change permitted to the original bid

Incomplete Response

5 An incomplete response (partial bids, all required items not bid)

Automatic Rejection, unless in the opinion of the Purchasing Manager the matter is trivial or insignificant and does not impact the ability to conduct a fair, competitive evaluation

Qualified Response

6

Response qualified or restricted by a written statement, either within the form of response document or included as an attachment

Automatic Rejection, unless in the opinion of the Purchasing Manager, the qualification or restriction is trivial or insignificant

17 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



No. Irregularity Response Price Form

7 Price form received on documents other than those provided by the City

Automatic Rejection, unless in the opinion of the Purchasing Manager, the irregularity is trivial or insignificant

8 Price form which contains additions, erasures or alterations of any kind

Automatic Rejection, unless in the opinion of the Purchasing Manager, the irregularity is trivial or insignificant

9

Price form containing clerical error(s) (Un-initialed erasures, overwriting, or strike-outs,)

Two (2) business days to correct after official notification

Un-initialed changes to unit prices in the response document and the contract totals are consistent with the prices as amended


Unit price missing (pricing form) Automatic Rejection Lump sum missing (pricing form) Automatic Rejection

Extension error based on quantity provided in bid document and unit rate provided by bidder

Corrected by the Purchasing Manager

Un-initialed changes to unit prices in the price form and the base bid is not consistent with the price as amended

Automatic Rejection

Bid Execution Form

10 The Tender Call Cover page is not submitted or does not contain an authorized signature

Automatic Rejection

11

Contents of City Policy Submission Form are incomplete (partially submitted or submitted but not completed in full)


Other Irregularities

12 Other Irregularities The Purchasing Manager shall have the authority to waive irregularities deemed to be minor

19. Execute Contract

The Successful Bidder shall be required to execute the Contract by taking the following steps within 10 Working Days, not including Saturday, Sunday or a legal holiday, after being notified by the City that the Contract is ready for signature:

• Execute three—or such manner as requested by the City—original copies of the

Form of Agreement

18 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• Obtain and furnish four—as such manner as requested by the City— original copies of a Performance Bond (Form 32) and a Labour and Material Payment Bond (Form 31) as prescribed in the Construction Act all signed and sealed by itself and its surety

• Arrange for two original copies of the City's form of insurance certificate completed and signed including stamp of insurance broker as required.

• Complete and sign the City's WSIB & Tax Statutory Declaration Form. • Complete and sign the Supplementary Statutory Declaration, if required.

Should the Successful Bidder fail or refuse to execute the Contract by taking the steps outlined above with ten Working Days after being requested by the City, it shall be considered that the Successful Bidder has abandoned all arights and interests in the award and the City will call on the Bid Bond.

20. Offer to Agencies and Corporations – Piggyback Option

N/A. 21. Failure or Default of Bidder

If the Bidder, for any reason, fails or defaults in respect of any matter or thing which is an obligation of the Bidder under the terms of the Tender Call, the City may: • disqualify the Bidder from the Tender Call and/or from competing for future Tender

Calls issued by the City for a period of one year; and • require the Bidder to pay the City the difference between its Bid and any other Bid

which the City accepts, if the latter is for a greater amount and, in addition, to pay the City any cost which the City may incur by reason of the Bidder’s failure or default.

The Bidder shall be ineligible to submit a new Bid for any Call that the City is required to reissue as a result of the Bidder's failure or default or where the City deems that the Bidder has abandoned the Agreement.

22. Currency

Unless otherwise stated herein, prices quoted are to be in Canadian dollars. 23. Tied Bids

In the event that the City receives two (2) or more Bids identical in price, the City reserves the right to select one of the Tied Bids as set out in the Tied Bid procedure under the Purchasing Procurement Processes Policy. The tie will be broken by way of coin toss or lottery.

24. Mathematical Errors

In the event of mathematical errors found in the pricing pages of the Bid, the unit prices quoted shall prevail. Extensions and totals may be corrected accordingly and adjustments resulting from the correction(s) will be applied to the total bid price quoted.

19 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



25. Ownership and Confidentiality of City Provided Data

All correspondence, documentation and information provided by City staff to any Bidder or prospective Bidder in connection with, or arising out of this Tender Call, the Work or the acceptance of any Bid:

a) is and shall remain the property of the City;

b) must be treated by Bidders and prospective Bidders as confidential;

c) must not be used for any purpose other than for replying to this Tender Call, and for

fulfillment of any related subsequent agreement. 26. Ownership and Disclosure of Bid Documentation

The documentation comprising any Bid submitted in response to this Tender Call, along with all correspondence, documentation and information provided to the City by any Bidder in connection with, or arising out of this Tender Call, once received by the City:

a) shall become the property of the City;

b) shall become subject to MFIPPA, and may be released, pursuant to that Act.

Because of MFIPPA, prospective Bidders are advised to identify in their Bid material any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury. Each Bidder’s name and total bid price shall be made public. Bids will be made available to members of Council on a confidential basis and may be released to members of the public pursuant to MFIPPA.

27. Intellectual Property Rights

Each Bidder warrants that the information contained in its Bid does not infringe any intellectual property right of any third party and agrees to indemnify and save harmless the City, its staff and its consultants, if any, against all claims, actions, suits and proceedings, including all costs incurred by the City brought by any person in respect of the infringement or alleged infringement of any patent, copyright, trademark, or other intellectual property right in connection with their Bid.

28. Notification to Other Bidders

Once the Successful Bidder is notified of their selection for an award, the other Bidders will be notified by the City in writing of the outcome of the Tender process.

29. Debriefing

Bidders may request a debriefing after receipt of a notification of the outcome of the selection process. All requests must be in writing to the City Contact and must be made

20 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



within sixty (60) days of notification of the outcome of the selection process. The intent of the debriefing information session is to aid the Bidder in presenting a better bid in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the Tender process.

30. Bid Protest Procedure

A. Pre-award bid disputes.

Bidders should seek a resolution of any pre-award dispute by communicating directly with the City Contact as soon as possible from the time when the basis for the dispute became known to them. The City Contact may delay the outcome of the selection process, or any interim stage of this Tender process, pending the acknowledgement and resolution of any pre-award dispute. For more information, see the Pre-Award and Post-Award Bid Dispute Process.

B. Post-award bid disputes.

Any dispute to the outcome of this Tender process must be received in writing by the City Contact no later than 10 days after the date of the notification of the outcome of the selection process, or where a debriefing has been requested, no later than five days after such debriefing is received. Any dispute that is not timely received or in writing will not receive further consideration. Any written dispute with a procurement value over $100,000 that cannot be resolved by the City Contact through consultations with the Bidder, shall be referred to the Treasurer or their designate(s) for an impartial review, based on the following information: A. A specific description of each act or omission alleged to have materially

breached the procurement process; B. A specific identification of the provision in the solicitation or procurement

procedure that is alleged to have been breached; C. A precise statement of the relevant facts; D. An identification of the issues to be resolved; E. The Bidder's arguments, including any relevant supporting documentation; and F. The Bidder's requested remedial action.

The Treasurer or their designate(s), in consultation with the City Solicitor, may: A. Dismiss the dispute; B. Accept the dispute and direct the City Contact to take appropriate remedial

action, including, but not limited to, rescinding the award and any executed contract, and canceling the solicitation.

For more information, see the Pre-Award and Post-Award Bid Dispute Process under Article 10 of Chapter 195, Purchasing, of the Toronto Municipal Code.

21 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



31. Supplier Code of Conduct

A. Honesty and Good Faith Bidders must respond to the City's Tender Call in an honest, fair and comprehensive manner that accurately reflects their capacity to satisfy the requirements stipulated in the Tender Call. Bidders shall submit a Bid only if they know they can satisfactorily perform all obligations of the contract in good faith. Bidders shall alert the Buyer to any factual errors, omissions and ambiguities that they discover in the Tender Call as early as possible in the process to avoid the Tender Call being cancelled.

B. Confidentiality and Disclosure

Bidders must maintain confidentiality of any confidential City information disclosed to the Bidder as part of the Tender Call.

C. Conflicts of Interest and Unfair Advantage

Bidders must declare and fully disclose any actual or potential conflict of interest or unfair advantage related to the preparation of their bid or where the Bidder foresees an actual or potential conflict of interest in the performance of the contract.

D. Collusion or Unethical Bidding Practices

No Bidder may discuss or communicate, directly or indirectly, with any other Bidder or their Affiliated Persons about the preparation of their Bid including, but not limited to, any connection, comparison of figures or arrangements with, or knowledge of any other supplier making a submission for the same work. Bidders shall disclose to the Buyer any affiliations or other relationships with other Bidders that might be seen to compromise the principle of fair competition, including any proposed subcontracting relationships.

E. Illegality

A Bidder shall disclose to the Buyer any previous convictions of itself or its Affiliated Persons for collusion, bid-rigging, price-fixing, bribery, fraud or other similar behaviours or practices prohibited under the Criminal Code, the Competition Act or other applicable law, for which they have not received a pardon.

F. Interference Prohibited

No Bidder may threaten, intimidate, harass, or otherwise interfere with any City employee or public office holder in relation to their procurement duties. No Bidder may likewise threaten, intimidate, harass, or otherwise interfere with an attempt by any other prospective Bidder to bid for a City contract or to perform any contract awarded by the City.

G. Gifts of Favours Prohibited

No Bidder shall offer gifts, favours or inducements of any kind to City employees or public office holders, or otherwise attempt to influence or interfere with their duties in relation to the Tender Call or management of a contract.

H. Misrepresentations Prohibited

Bidders are prohibited from misrepresenting their relevant experience and qualifications in relation to the Tender Call and acknowledge that the City's process of evaluation may include information provided by the Bidder's references as well as

22 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



records of past performance on previous contracts with the City or other public bodies.

I. Prohibited Communications

No Bidder, or Affiliated Person, may discuss or communicate either verbally, or in writing, with any employee, public office holder, or the media in relation to any solicitation between the time of the issuance of the Tender Call to the award and execution of final form of contract, unless such communication is with the Buyer and is in compliance with Chapter 140, Lobbying of the Municipal Code.

J. Failure to Honour Bid

Bidders shall honour their Bid, except where they are permitted to withdraw their bid in accordance with the process described in the Tender Call. Bidders shall not refuse to enter into a contract or refuse to fully perform the contract once their bid has been accepted by the City.

K. Bidder Performance

Bidders shall fully perform their contracts with the City and follow any reasonable direction from the City to cure any default. Bidders shall maintain a satisfactory performance rating on their previous contracts with the City and other public bodies to be qualified to be awarded similar contracts.

L. Disqualification for Non-compliance with Supplier Code of Conduct

Bidders shall be required to certify compliance with the Supplier Code of Conduct in the Submission Form (Section 3), with their Bid and verify compliance, upon request from the Buyer, prior to award. Any contravention of the Supplier Code of Conduct by a Bidder, including any failure to disclose potential conflicts of interest or unfair advantages, may be grounds for the Chief Purchasing Official to disqualify a Bidder from the Tender Call and suspend the Bidder from future procurements.

32. Governing Law and Interpretation

The Terms and Conditions of the Tender Call are to be governed by and construed in accordance with the laws of the province of Ontario, including the City's Policies and Legislation.

23 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 2 – Information for Bidders Tender Call No. 196-2019 Contract No. 19ECS-LU-02FP


Section 2 – Infor mation for Bidders

1. General Information

Section 1 – Tender Process Terms and Conditions sets out the terms and conditions that will be used during the process of the Tender Call. Each Bidder should review the terms and conditions to understand the rules related to the Tender Call process. Section 2 – Information for Bidders contains general information and instructions for Bidders in relation to filling out this Tender Call. Section 3 – Tender Submission Package contains the forms that must be filled out and returned to form a complete Bid. Please see below for instructions. Section 4 – Scope of Work contains the scope of work for the Tender Call, the Standard Specifications and Standard Drawings that must be abided by for the Tender Call and any related drawings to understanding the work required. Bidders should review this section in detail to fully understand what the Bidder is bidding on. Section 4A – Special Specifications contains special requirements for the Work. Refer to GC 1.04 in Section 5 – General Conditions of Contract for the definition of 'Special Specification'. Section 5 – General Conditions of Contract contain the City's General Conditions of Contract that set out the responsibilities of the Contractor and the City. This forms part of the Contract that will be awarded to the lowest compliant Bidder. The Bidder should review these terms to understand the Contract being entered into with the City. Section 5A – Specific Conditions of Contract, if included, contains additional terms for the Contract that supersedes or adds to the General Conditions of Contract. The Bidder should review these terms to understand the Contract being entered into with the City. Section 6 – Contract Execution Package contains examples or references to the Contract, Performance and Labour and Material Payment Bonds, Insurance Certificate and various Statutory Declarations that will be completed/provided by the winning Bidder after the award and notification by the City is made. These forms do not have to be submitted for the Bid to be valid. For additional information on the execution of the Contract, see Section 1 Article 19. Section 7 – City Policies contains specific policies related to the Tender Call. It is the responsibility of the Bidder to review all of the City’s policies in Section 7 and as found on the City’s website at www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/. This section of the document contains a copy of the Contractor Performance Evaluation Form. The form helps to summarize and quantify performance. It provides guidance to City staff on creating and maintaining an evaluative record of a Contractor's performance on City projects for the purpose of contract management and future purchasing decisions. Further information regarding the Contractor Performance Procedure can be found at City's website at www.toronto.ca/business-economy/doing-business-with-the-city/follow-up-on-city-contracts/contractor-performance-evaluation-cpe-form/.

24 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/


http://www.toronto.ca/business-economy/doing-business-with-the-city/follow-up-on-city-contracts/contractor-performance-evaluation-cpe-form/

http://www.toronto.ca/business-economy/doing-business-with-the-city/follow-up-on-city-contracts/contractor-performance-evaluation-cpe-form/



Section 8 – City-led / City-endorsed Workforce Development Programs, if included, contains examples of City Workforce development programs for the Bidders reference.

2. Mandatory Site Meeting

Not Required.

Optional Site Meeting

Not Required.

3. Deadline for Questions

All questions concerning this Tender Call should be directed in writing to the Buyer indicated on the Tender Call Cover Page. The last day for questions with respect to this Tender Call is five (5) working days before closing time and date.

4. Fair Wage Schedule Information

The Fair Wage Schedule that is applicable to this Tender Call is the:

Sewer & Watermain Construction Work

Please review a copy of the Fair Wage Schedule applicable to this Tender Call. The Fair Wage Schedules can be found at the following website: www.toronto.ca/fairwage/index.htm In the event that other Fair Wage Schedules may overlap the work covered by this Contract or if you have any questions with respect to the Fair Wage Policy or the Fair Wage Schedules please contact the fair wage office by: • Phone: 416-392-7300 • Fax: 416-392-0801 • E-mail: [email protected]

5. Social Preocurement Program – Workforce Development Requirement

Not Applicable

6. Certificate of Recognition (COR™) Requirement Information

Bidders must possess and maintain a valid Certificate of Recognition (COR™) or an Equivalent OHS Certification, such as ISO 45001 for the duration of the Contract. The Successful Bidder shall provide a copy of a valid Certificate of Recognition (COR™) or Equivalent OHS Certification in the legal name of the entity submitting the tender within three (3) working days upon being contacted by the City prior to award.

25 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www.toronto.ca/fairwage/index.htm

mailto:[email protected]



Subcontractors will not be expected to hold COR certification, but they will be expected to adhere to the certified General Contractor’s Health and Safety Program.

"Certificate of Recognition (COR™)" means the nationally recognized occupational health and safety certification granted to qualifying firms by the Infrastructure Health and Safety Association (IHSA) of Ontario or its successor. "Equivalent OHS Certification" means an occupational health and safety certification issued to qualifying firms by an independent third-party organization and accepted by the City (in the City's sole discretion) as equivalent to the Certificate of Recognition (COR™), such as ISO 45001.

7. Invoice and Billing Requirements

To assist in prompt payment, it is essential that all required billing information is provided on the invoice submitted to the City. If billing information is missing from an invoice it will result in a payment delay and the invoice may be returned to you without payment. It is the vendor's responsibility to submit accurate invoices for goods and services delivered to the City divisions. If an inaccurate invoice, for example pricing, quantity or services provided is submitted, the vendor will be requested to issue a credit note and submit a new invoice. If the invoice in question offered an early payment discount, the re-issue date of the new invoice will be used to calculate the early payment discount terms.

7.1 Standard Invoices:

1) Original vendor invoices must be addressed and sent DIRECTLY to:

City of Toronto Accounting Services Division Corporate Accounts Payable 55 John Street 14th Floor, Metro Hall Toronto, ON M5V 3C6; or

2) Electronic Invoices

To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will accept electronic vendor invoices submitted via email to [email protected]. Electronic invoices submitted must be in a PDF format with either single or multiple invoice(s) per attachment.

Note: Do not send statements or past due invoices to this email address, only current invoices will be accepted. Do not send hard copy invoices to Corporate Accounts Payable if you have submitted an electronic invoice. If you have any questions regarding this process, please contact AP Customer Service at 416-397-5235 and follow the prompts.

26 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




3) Invoice/s submitted to the City must have complete ship to information including:

I. Name of City division, II. The City division’s contact name and phone number (the person

ordering or picking up the goods and/or services), III. Delivery location of goods and/or services (excluding pick-up order), IV. Purchasing document information on the invoice (blanket contract

number, contract release order number (CRO), purchase order (PO) or divisional purchase order (DPO) must be clearly indicated on the invoice.

V. Complete "Remit To" address is required on all submitted vendor invoices.

A purchasing document number must be provided by City staff at time of order for goods and services.

4) City purchases with the use of a credit card/PCard, are NOT to be sent to

Corporate Accounts Payable. These invoices are considered paid.

5) Vendors are encouraged to provide packing slips and/or goods receipt confirmations directly to the ordering Division for goods/services delivered.

6) Vendors are to provide backup documentation directly to the ordering Division,

not Corporate Accounts Payable.

7.2 Construction Contracts and Consultant Assignments Related to Capital Projects With a Holdback Only Invoices related to an approved capital project with a holdback and managed by a Contract Administrator must be forwarded to the Contract Administrator for review and approval. Billing requirement direction will be provided by the contract custodian or City divisional designate prior to the start of the contract.

1) All invoices must be addressed and sent DIRECTLY to:

Contract Administrator City of Toronto Address Contact Info; Phone number, E-mail address

Note: Contact information of respective Contract Administrator will be provided in writing, prior to the start of the contract.

2) Invoice(s) submitted to the City Contract Administrator shall have complete

information including:

I. Contract/project number II. Name of City Division and Contract Administrator

III. Vendor number

27 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



IV. Vendor name and address V. The City Division’s contact name and phone number (the person

ordering or picking up the goods and/or services), VI. Description of work / project name

VII. Location of work VIII. Bill through dates(work done): from and to IX. Invoice date X. Sub-total amount: excluding all taxes XI. Total invoice amount; including all taxes

XII. Purchasing document information on the invoice (blanket contract number, contract release order number (CRO), purchase order (PO) or divisional purchase order (DPO), must be clearly indicated on the invoice. (*This purchasing number should be provided by City staff at the time of order*)

7.3 Payment Terms

Unless otherwise specified on the invoice, the City will assign payment terms of Net 30 days. Payment terms "Due Upon Receipt" are considered Net 30 days.

7.4 Discount Terms

The City will consider offers of early payment discount terms. If correct billing information has been indicated on the invoice, it is the City’s policy to pay within vendor’s discount terms from the receipt date of the invoice in the Corporate Accounts Payable unit – Metro Hall, 55 John Street, 14th Floor. Early Payment terms should be clearly indicated on the invoice. Note: Discount terms for early payment cannot be earlier than 15 days from the

receipt date of the invoice by the City of Toronto, Corporate Accounts Payable unit.

7.5 Direct Deposit

City of Toronto offers secure electronic deposit payments directly to your bank account through our “Direct Deposit” program. For more information and/or to enrol for this payment option, please email us at [email protected] or contact AP Customer Service at 416-397-5235 and follow the prompts. Effective January 1, 2014, all new contracts for existing or new vendors must be enrolled in the Direct Deposit program.

8. Instructions for Section 3 – Tender Submission Package

8.1 Mandatory Bid Submission Requirements

The following must be completed in its entirety and submitted with your Bid at the time of closing. Failure to submit SHALL result in the Bid being rejected as non-compliant.

28 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




A. Tender Call Cover Page

Bidder must fill in all information as requested in ink. Remember to have the cover signed and sealed by an authorized signing officer, if a corporation. If not a corporation, have the cover signed by an authorized signing officer. Remember to indicate the receipt of all addenda.

B. Bid Bond and Other Security

Every Bidder shall submit with their Bid a Bid Bond in the amount of 4 per cent of the Bid amount and will agree to provide a Performance Bond and a Labour and Material Payment Bond for the due and proper performance of the Work, each in the amount of 50 per cent of the Contract amount including an extended 24 month warranty period. The Bonds will be issued by a licensed surety company authorized to transact business in the province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. The Bid Bond shall be in accordance with the City's standard form attached to this document. The Performance and Labour and Material Payment Bonds shall be in accordance with the Construction Act. Failure of a Bidder to submit a fully completed Bid Bond, in the form enclosed in the Tender Submission Package, SHALL result in the Bid being rejected as non-compliant. Should the Bidder fail or refuse to execute the Form of Contract within 10 Working Days after being requested by the City, it will be considered that the Bidder has abandoned all rights and interests in the award and the City will call on the Bid Bond.

C. City Policies Submission Form

The Policy Submission Form contains statements from different City of Toronto policies. The complete text of these policies can be found on the City’s website https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation. The Bidder shall answer the questions posed and include the signed submission form with the completed Tender Submission Package.

D. Pricing Form

All instructions to fill out the Pricing Form can be found on the first page of the Pricing Form in Section 3 – Tender Submission Package. In the event of any discrepancy between the information provided by the Bidder on the Tender Call Cover Page and the amount set out in the Pricing Form, the Pricing Form shall govern.

29 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit





In the event of any discrepancy between the total price and the unit price, the unit price shall prevail and the total price may be adjusted and verified according to City's Mathematical Errors Procedure.

E. Experience and Qualifications Form

Bidders must have the following experience (a and b below) in order to be considered for award. a) Within the past seven (7) years, bidders must have achieved Substantial

Performance, as defined in the Construction Act, as the lead contractor on contracts complying with the following requirements: 1. Minimum of 3 projects with construction works in urban settings, with

the locations identified. 2. Minimum of 2 projects with installation of large diameter sewers

(>1500 mm diameter). 3. Minimum of 2 projects with installation of sewers at minimum 7 m

depth or greater. 4. Minimum of 2 dry/wet ponds including excavation / earth moving,

rough and fine grading. 5. Minimum of 2 projects of at least $10 million each in Final Contract

Price (excluding tax) with two (2) of the following three (3) work types: Sewers, Watermains, and Transportation road work.

6. Minimum of 2 construction projects in type 4 soils (as classified in O. Reg. 213/91, s. 226 (5)) requiring support structures for construction.

7. Minimum of 3 road surface restoration or transportation work projects.

To demonstrate the experience requirements outlined above, Bidders must complete the Ability and Experience Form located in Section 3 - Tender Submission Package, and include this completed form as part of their Bid submission. In providing reference information, the Bidder gives the City and/or its consultant consent to contact these individuals to confirm the information provided on the Experience and Qualifications Form. Failure to provide the required information required on the Experience and Qualifications Form shall render the Bid non-compliant. If required, the City will make its own arrangements in contacting the references. If, at the City’s sole discretion, the references do not confirm the Bidder’s ability to undertake the Work associated with the requirements stated in this Tender Call, the Bid will be declared non-compliant and will not be considered for award. Should the City determine that contacting the references is required to confirm project experience, a maximum of two attempts will be made. Bidders should contact their references to make sure that they are reachable and expect to be contacted by the City during the tender evaluation period. The City reserves the right to verify whether Bidders are relying upon past experience of an Affiliated Person including the nature of the corporate

30 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



relationship and its relevance to this project. If, at the City’s sole discretion, it is determined that a Bidder is relying on an Affiliated Person’s past experience and a transfer of the Affiliated Person’s experience cannot be demonstrated as relevant to this project then the Bid will be declared non-compliant and not be considered for award. The City reserves the right to verify past performance of the Bidder or its Affiliated Persons with its performance records on relevant past City projects including the City’s Agencies, Boards, Commissions and Corporations.

AND b) Mandatory experience requirements for key staff on this project

(Superintendents and Project Manager) are as follows:

Table 1 - Mandatory Experience Requirements Role Experience and Qualifications

Project Manager Minimum eight (8) years relevant experience in project management

Degree in Engineering and/or Certified Engineering Technologist

Site Superintendents Minimum two (2) Superintendents on staff:

One with minimum ten (10) years relevant experience

Second with minimum eight (8) years relevant experience

Bidders must complete the Team Members' Project Experience Form located in Section 3 - Tender Submission Package, and include this completed form as part of their Bid submission. Bidders must also provide CVs for each of the three (3) key staff (one project manager and two superintendents, as per Table 1 above) to demonstrate that the experience and qualification requirements have been met, and include the CVs as part of their Bid submission.

8.2 Mandatory Submission Requirements Prior to Award

The Bidder must submit the following documents within five working days upon being contacted by the City. Failure to submit the documents within this time limit will result in disqualification of the Bid.

A. Statutory Declaration for the Occupational Health and Safety Act

It is the Bidder’s responsibility as "Constructor" under the provisions of the Occupational Health and Safety Act of Ontario, R.S.O. 1990, c. O.1, as may

31 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



be amended (hereinafter “OHSA”), to co-ordinate the activities of all employees and workers under the Bidder’s control operating within the Contract limits to ensure that the requirements of the OHSA are satisfied. To that end, the Bidder must complete the Statutory Declaration found in Section 3 indicating whether they comply with the OHSA. This Statutory Declaration must be signed and declared before a Commissioner of Oaths. The Statutory Declaration states that:

i. the Bidder and all Subcontractors have in place safety programs according to the requirements of the OHSA;

ii. all employees of the Bidder and Subcontractors have received training in occupational safety in accordance with the requirements of the OHSA; and

iii. a representative of the Bidder, whom he shall designate and name in the required Statutory Declaration, with responsibility for supervising the Contract's implementation is qualified as a "Competent Person" as defined in the OHSA.

In the case where the Bidder has indicated "HAVE NOT" in either or both of sub-clauses 3(a) or 3(b) of the Statutory Declaration submitted with its Bid and has been awarded the Contract, the Bidder will be required to submit a Supplementary Statutory Declaration after award of the Contract in the form provided in Section 6 entitled “Supplementary Statutory Declaration” to the effect that the requisite training and programmes are in place. The Bidder will bear full responsibility for all consequences, financial or otherwise, of any failure or delay by the Bidder in submitting the Supplementary Statutory Declaration.

B. Certificate of Recognition (COR™) Requirement

Upon request the Bidder will be required to provide a copy of a valid Certificate of Recognition (COR™) , Equivalent OHS Certification in the legal name of the entity submitting the tender. Bidders must possess and maintain a valid Certificate of Recognition (COR™) or an Equivalent OHS Certification for the duration of the Contract. See Section 2, Article 6 of this Tender Call for further details. In the event that a copy of the valid Certificate cannot be produced within three (3) working days of the City contacting the Bidder, the Bidder must provide a valid Certificate number. The City may refuse to award a contract to any Bidder, where the requested COR™ information cannot be verified within three (3) working days of the City contacting the Bidder.

C. List of Subcontractors Form

Upon request the Bidder shall be required to provide a list of Subcontractors and associated work types to the City for its review and approval prior to award.

32 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Bidders must not include companies under suspension by the City on their list of Subcontractors. If a Bidder proposes to subcontract with a competing Bidder on this Tender Call, the Bidder must declare that proposed subcontracting arrangement in accordance with the Supplier Code of Conduct provisions of the City Policies Submission Form Schedule at or prior to the Closing Date. The City reserves the right to clarify the nature of communication taking part between competitors; verify the extent of the expected subcontracting, and consequentially may, in its sole discretion, deem the bidder(s) non-compliant, or cancel the Tender Call. Where union affiliation is required pursuant to the City’s “Labour Trades Contractual Obligations in the Construction Industry” —more particularly described in the document attached to the Applicable City Policies section—for the Work or any part thereof, the Contractor and any Subcontractor performing any part of such Work must be affiliated with the applicable collective bargaining agency and the Bidder shall submit proof of such affiliation of the Contractor prior to an award of contract. The Contractor will not be permitted to change any named Subcontractor without the written approval of the Contract Administrator. Any request for changing a named Subcontractor must be submitted in writing. The Contractor acknowledges that upon receipt of such a request by the City, the review and approval process could take a time to complete. Any delay in the commencement of the Work or in the performance of the Work or in the Contractor’s performance of its obligations under the Contract related to or arising from the City’s consideration of the Contractor’s request for a Subcontractor change shall be solely borne by the Contractor.

D. Corporate Profile Report

Upon request the Contractor will be required to provide a copy of the Contractor's and/or any of the Contractor's Affiliated Person's Corporate Profile Report(s) (Ontario), or equivalent official record issued by the appropriate government authority. The City also reserves the right to require the Contractor to provide a copy of the Corporate Profile Report or equivalent official record for all of the Contractor's affiliated or related legal entities. The Corporate Profile Report(s) must have been issued not more than ten (10) working days prior to the date that the City requests the report. The City reserves the right to confirm the accuracy of the information contained in the Corporate Profile Report, and to require additional information from the contractor as necessary.

33 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



In the event that a request for a Corporate Profile Report or equivalent official record cannot be processed by the appropriate government office within five (5) working days of the City contacting the contractor, the contractor must provide proof that the request has been made and provide an indication as to when the information is expected to be received. The City may refuse to award a contract to any contractor, including the lowest bidder, where the requested information has not been received within five (5) working days of the City contacting the contractor.

9. Electrical Items

Only pre-qualified electrical contractors approved according to Request for Pre-qualification No. 1201-14-5054 are eligible to perform the following categories of electrical work on this Contract.

A. Electrical Traffic Control Devices

Work in this area may include the laying and placement of duct, installation and removal of electrical hand wells and electrical maintenance holes, installation and removal of pole and traffic signal controller footings, installation of ground rods and ground plates, installation and removal of traffic poles, installation and removal of traffic signal controller cabinets, installation and removal of traffic cable, installation of vehicle detector loops, installation of electrical services, and installation and removal of traffic signal, pedestrian crossover and flashing beacon hardware and accessories.

The following are the pre-qualified contractors for electrical traffic control device works:

• AGI traffic Technology Inc. • ASCENT Solutions Inc. • Beacon Utility Contractors Limited • Black & McDonald Ltd. • Fellmore Electrical Contractors Limited • Guild Electric Limited • TM3 Inc. • Weinmann Limited

B. Electrical Management Devices

Work in this area may include the laying and placement of duct, installation and removal of electrical handwells and electrical maintenance holes, installation and removal of power and communication cables, installation of multi-strand single mode/multi mode fibre optic communication cables, installation and modification of CCTV cameras, changeable message signs, digital/analog data/control video/audio communication networks, installation of vehicle detector loops and installation of electrical services. The following are the pre-qualified electrical contractors for electrical management device works:

34 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• AGI traffic Technology Inc. • Black & McDonald Ltd. • Guild Electric Limited • Weinmann Limited

35 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 3 – Tender Submission Package Bid Bond

Tender Call No. 196-2019 Contract No. 19ECS-LU-02FP


Section 3 – Tender Submission Packag e – Bi d Bond

Bond No: ______________________ KNOW ALL MEN BY THESE PRESENTS that we

herein called the "Principal"

– and –

herein called the "Surety" are jointly and severally held and firmly bound unto the City of Toronto, hereinafter called the "City", each, in the penal sum of

$

of lawful money of Canada, to be paid to the City or to its successors or assigns for which payment well and truly to be made, we jointly and severally bind ourselves, our and each of our several and respective executors, administrators, successors and assigns and every of them forever firmly by these presents.

SEALED with our several and respective seals. DATED this day of 20 WHEREAS the said Principal is herewith submitting to the City its Tender for

TENDER CALL NO. 196-2019

CONTRACT NO. 19ECS-LU-02FP and the said Tender provides that it is to continue open to acceptance and to be irrevocable until the formal contract is executed by the successful Bidder.

36 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 3 – Tender Submission Package Bid Bond



NOW the condition of this obligation is such that if, on acceptance of the Tender of the aforesaid Principal in accordance with the terms and conditions of said Tender within 90 days from the closing date of the Tender, the said Principal shall, within the time required, enter into a formal contract and give good and sufficient bonds required by the said Tender to secure

(i) the performance of the terms and conditions of the contract, and (ii) payment for certain labour and materials,

both in the forms required by the City then this obligation shall be void; otherwise the Principal and Surety will pay unto the City the difference in money between the total amount of the Tender of the said Principal and the sums of the amount for which the City legally contracts with another party to perform the work and for which the City of Toronto may expend or for which it may become liable by reason of such default or failure, including the cost of any advertisement for new Tenders if the latter sums of the amount be in excess of the former; but in no event shall the Surety's liability exceed the penal sum hereof. AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable as Principal and that nothing of any kind or matter whatsoever that will not discharge the Principal shall operate as a discharge or release of liability of the Surety, any law or usage relating to the liability of Sureties to the contrary notwithstanding. SEALED AND DELIVERED )

in the presence of )

)

) Principal

)

)

)

) Surety

37 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 3 – Tender Submission Package Statutory Declaration Form for OHSA with Asbestos Abatement Training



DOMINION OF CANADA } IN THE MATTER of a proposed Contract for } PROVINCE OF ONTARIO } } JUDICIAL DISTRICT } } OF YORK; } } TO WITNESS: }

as hereinbefore described on the first page of the TENDER CALL PACKAGE.

I/we of the city / town / village of

in the province of do solemnly declare as follows:

IF AN INDIVIDUAL STRIKE OUT "OF"

1. I am (If an incorporated Company, state "President", “Secretary”, or as the case may be) of

(State Firm Name)

the Bidder herein.

IF AN INDIVIDUAL CARRYING ON A BUSINESS UNDER A FIRM NAME, USE THE FOLLOWING PARAGRAPH

I am the Bidder herein and I carry on business at

under the name of and (State Firm Name)

there is no other person associated with me in partnership.

IF A PARTNERSHIP, USE THE FOLLOWING PARAGRAPH

We are the Bidders herein and we carry on business at

in partnership,

under the name of and (State Firm Name)

we are the only members of such partnership.

38 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




2. I/We have a health and safety policy and a programme to implement such policy as required by clause 25 (2) (J) of the Occupational Health and Safety Act. R.S.O., 1990, c. O.1, as may be amended (hereinafter “OHSA”), and the said policy does not conflict with the Health and Safety Policy of the City of Toronto.

3. With respect to the goods and services contemplated in the above Contract, the Bidder and its proposed Subcontractors

a) HAVE/HAVE NOT YET ** conducted training, for all personnel to be involved in providing such goods and services (including but not limited to employees and workers as well as the employees and workers of all sub-contractors), as required by the OHSA and all regulations thereunder, including those with respect to the workplace hazardous materials information system, industrial establishments, construction projects, confined spaces and designated substances.

b) HAVE/HAVE NOT YET ** put into effect all programmes relating to designated substances as required by the regulations under the OHSA.

c) HAVE/HAVE NOT YET ** put into effect all programs and plans related to confined spaces as required by the regulations under the OHSA.

d) In the case where "HAVE NOT YET" has been indicated in either or all of (a), (b) or (c) the Bidder undertakes to provide to the Executive Director or General Manager of the respective Division a "Supplementary Statutory Declaration” on the form provided following award of Contract that the requisite training and/or programmes have been completed in order that a written order to commence Work may be issued by the Executive Director or General Manager, and undertakes that no claim for delay or extension of Contract will be made for failure by the Bidder to comply with this requirement.

** EITHER "HAVE" OR "HAVE NOT YET" TO BE STRUCK OUT AND INITIALLED

*** BIDDER TO WRITE IN THE NAME OF THE DESIGNATED “COMPETENT PERSON”

4. (a) The Bidder Designates ***____________________________, a representative of the Bidder who shall be assigned to a supervisory role over the Work of the Contract and who has received training in the provisions of the OHSA which qualifies him/her to act as a "Competent Person" as defined in the OHSA, in order to have him/her act in an informed and responsible manner in complying with the OHSA and the Contractor's role as employer under the terms of this Contract and the OHSA.

4. (b) Without limiting the generality of the foregoin, the Bidder’s supervisors HAVE/HAVE NOT YET ** received, in addition to the training set out in 3(a), a program of Asbestos Management Training which meets the requirements of Ontario Regulation 278/05 (Designated Substances – Asbestos on Construction Projects and in Buildings and Repair Operations) and which includes the matters set out in Appendix “B”.

4. (c) Without limiting the generality of the foregoing, the Bidder HAS/HAS NOT YET ** provided to its supervisors and all personnel (including but not limited to employees and workers as well as the employees and workers of all sub-contractors) training with respect to Asbestos Abatement which meets the requirements of Ontario Regulation 278/05 (Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations)

39 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




and which includes the matters set out in Appendix “A”. Effective November 1, 2007, and in accordance with section 20 of Ontario Regulation 278/05, for type 3 operations, supervisors and personnel (including but not limited to employees and workers as well as the employees and workers of all sub-contractors) HAVE/HAVE NOT YET completed the Asbestos Abatement Worker Training program approved by the Ministry of Training Colleges and Universities.

5. I/We have carefully read through the foregoing Tender Call Package, and to the best of my/our information, knowledge and belief the several matters stated in the said Bid are in all respects correct and true.

6. I am/We are each of the full age of twenty-one years or over.

And I/we make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of "the Canada Evidence Act".

SEVERALLY DECLARED before me at the } } of in } the Province of Ontario } } this day } Signing Officer of Company } of 20 } A Commissioner, etc.

40 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Appendix “A”

“ASBESTOS ABATEMENT TRAINING”

• history of asbestos and asbestos-containing materials; • the hazards of asbestos; • health effects associated with asbestos exposure; • methods of controlling asbestos hazards; • review of Ontario’s Occupational Health and Safety Act and Regulation (278/05)

pertaining to asbestos; • reasons for abatement; • Type 1, Type 2 and Type 3 abatement methods and procedures; • notification of project procedures; • use and maintenance of personal protective equipment; • air monitoring and analysis procedures; • asbestos disposal requirements; • overview of asbestos products in switch gears, roof felts and underground tanks; • owner’s and employer’s responsibilities; • employee’s responsibilities; • consultant roles and responsibilities; • contractor roles and responsibilities; • access procedures for areas containing asbestos • procedure regarding unplanned asbestos identification; • use of air monitoring/testing equipment; • use of respirators; • use of disposable clothing; • construction of enclosure with decontamination facility (exhaust unit, worker access,

airlocks, etc.) including a transfer room and clean room; • use of air movement and filtration system; • use of vacuum system (HEPA); • use of hand tools, cleaning tools; • use of poly sheeting, bags, labels and tape; • use of warning signs; • use of surfactants and encapsulents; and • use of airless electric sprayer.

Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

41 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Appendix “B”

“ASBESTOS MANAGEMENT TRAINING”

• Occupational Health and Safety Act and Regulations and Ontario Regulation 278/05 regarding Asbestos

• Identification of health hazards • Legislated employer duties • Responsibilities of Workers • Legislated constructor duties • Legislated Asbestos Management Plans • Ongoing Asbestos Management in Buildings, O Reg 278/05 • Asbestos Records • Asbestos Management Program • Building Surveys • Control considerations including management plan, encapsulation / encasement,

enclosure, removal • Asbestos Waste Disposal • Environmental Protection Act • Ontario Regulation 347 • Packaging Waste • Transporting Asbestos • Legislation Requirements • General Respirator Limitations • Types of Respirators • Parts of a Respirator • Visual Inspection • Fit Checks • Particulate Filters • General Guidelines for Abatement Activities • Classifying Activities • Work Procedures – Type 1, Type 2 and Type 3 abatement methods and procedures

Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request. e

42 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 3 – Tender Submission Package City Policies Submission Form



Section 3 – Tender Submission Packag e – City Policies Submissi on Form

Policies The Bidder has read, understood and agrees to comply with the terms and conditions contained in this Tender Call and the City’s Policies and Legislation set out on the City of Toronto website at: www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/. Declaration of Compliance with the City's Supplier Code of Conduct By signing this form, the Bidder acknowledges that it has read and understands its obligations under the Supplier Code of Conduct and further certifies that the Bidder, and any of its proposed Subcontractors, will provide the services in compliance with the Supplier Code of Conduct. Refer to the Supplier Code of Conduct in Article 13 of Chapter 195, Purchasing, of the Toronto Municipal Code.

Prohibition Against Collusion and Unethical Bidding If the box below is left blank, the Bidder will be deemed to declare that it had no affiliation or other relationships with other Bidders that might be seen to compromise the principle of fair competition, including any proposed subcontracting relationships. If the Bidder declares an affiliation or other relationship with other Bidders that might be seen to compromise the principle of fair competition, the Bidder must set out the details below:

Refer to the Supplier Code of Conduct mentioned above.

43 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit






Prohibition Against Illegality If the box below is left blank, the Bidder will be deemed to declare that is has no previous convictions of itself or Affiliated Persons for collusion, bid-rigging, price-fixing, bribery, fraud, or other similar behaviors or practices prohibited under the Criminal Code, the Competition Act, or other applicable law, for which the Bidder has not received a pardon. If the Bidder declares that it has previous convictions of itself or Affiliated Persons, the Bidder must set out the details below:

Refer to the Supplier Code of Conduct mentioned above.

Conflicts of Interest or Unfair Advantage If the box below is left blank, the Bidder will be deemed to declare that (a) there was no Conflict of Interest in connection with preparing its Bid; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in this Tender Call. Potential Conflicts of Interest or unfair advantage include, but are not limited to:

1) Engaging current or former City employees or public office holders to take any part in the preparation of the Bid or the performance of the contract if awarded, any time within 2-years of such persons having left the employ or public office of the City;

2) Engaging any family members, friends or private business associates of any public office holder which may have, or appear to have, any influence on the procurement process or performance of the contract, if awarded;

3) Prior involvement by the supplier or Affiliated Persons in developing the technical specifications or other evaluation criteria for the solicitation;

4) Prior access to confidential City information by the supplier, or Affiliated Persons, that is materially related to the solicitation and that was not readily accessible to other prospective Bidders; or

44 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




5) The Bidder or its Affiliated Persons are indebted to or engaged in ongoing or proposed

litigation with the City in relation to a previous contract. If the Bidder has an actual or potential Conflict of Interest, the Bidder should bring this to the attention of the Buyer as early as possible in the Tender Call process, and must set out the details in writing below:

The following individuals, as employees, advisers, or in any other capacity (a) participated in the preparation of our Bid; and (b) were employees of the City and have ceased that employment within 24 months prior to the Closing date: Name of Individual

Job Classification

Department

Last Date of Employment with the City

Name of Last Supervisor

Brief Description of Individual’s Job Functions

Brief Description of Nature of Individual’s Participation in the Preparation of the Bid

(Repeat above for each identified individual. Bidders may include this information on a separate sheet if more space is required) The Bidder agrees that, upon request, the Bidder shall provide the City with additional information from each individual identified above in a form prescribed by the City.

45 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Purchase of Products Manufactured in Factories Where Children are Used as Slave Labour or Other Exploitive Circumstances Which Impedes Child Development (If Applicable) Purpose: To advise suppliers that the City of Toronto does not wish to encourage the use of products manufactured in factories where children are used as slave labour or other exploitive circumstances which impedes child development. Policy: Bidders must state where the products offered have been made. City Council does not wish to see products used that have been made in factories in countries where children are used as slave labour or other exploitive circumstances, which impedes child development. Therefore, preference will be given to bidders that obtain products from any country other than the aforementioned, but this criteria will not be used to disqualify any bidder. Bidders must state where the products offered have been made: _______________________ (Specify) Bidders to state if products offered have been made in factories in countries where children are used as slave labour or other exploitive circumstances which impedes child development: _______________________ (Specify) This policy will be considered in the evaluation of all Bids received.

Environmentally Responsible Procurement Statement (If Applicable) To download a copy of the City of Toronto Environmentally Responsible Procurement Policy, go to policy at www.toronto.ca/wp-content/uploads/2017/08/8e27-environment_procurement.pdf State if environmentally preferred products/service is being offered: Yes______ No______ State briefly the environmental benefit of the product/service offered:

Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy

46 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www.toronto.ca/wp-content/uploads/2017/08/8e27-environment_procurement.pdf




Organizations/individuals in Ontario, including the City of Toronto, have obligations under the Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, the City of Toronto also has policies that prohibit discrimination on the additional grounds of political affiliation or level of literacy, subject to the requirements of the Charter. Organizations are required to have and post policies, programs, information, instruction, plans and/or other supports, and an appropriate internal process available to their employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints under the applicable legislation and including the additional grounds of discrimination prohibited under City policy. Individuals are obliged to refrain from harassment/hate activity. The City of Toronto requires all organizations and individuals that contract with the City to sign the following Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy. This Declaration must be signed by your organization and submitted with the contract or Letter of Understanding. The name of your organization and the fact that you have signed this declaration may be included in a public report to City Council. Declaration: I/we uphold our obligations under the above provincial and federal legislation. In addition, I/we uphold our obligations under City policies which prohibit harassment/discrimination on a number of grounds including political affiliation and level of literacy. WHERE LEGALLY MANDATED I/we have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with our obligations, and I/we have an internal process available to my/our employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. I/we agree that I/we shall, upon the request of the City, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the City to determine compliance. I/We acknowledge that failure to demonstrate compliance with this declaration to the satisfaction of the operating Division, in consultation with the City Solicitor, may result in the termination of the contract.

47 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Accessibility for Ontarians with Disabilities Standards The Bidder acknowledges that it shall deliver, as appropriate for each Deliverable, accessible and inclusive Services consistent with the Ontario Human Rights Code (OHRC), the Ontarians with Disabilities Act, 2001 (ODA) and Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and its regulations in order to achieve accessibility for Ontarians with disabilities. Bidders are also required to comply with the City’s accessibility standards, policies, practices, and procedures, which may be in effect during the Term of the Agreement and which apply to the Deliverables. The accessible customer service training requirements which are applicable to the Deliverables may be reviewed at: www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/accessible-customer-service-training-requirements/.

Disclosure of Bid Information The Bidder hereby agrees that any information provided in this Bid, even if it is identified as being supplied in confidence, may be disclosed where required by law or if required by order of a court or tribunal. The Bidder hereby consents to the disclosure, on a confidential basis, of this Bid by the City to the City’s advisers retained for the purpose of evaluating or participating in the evaluation of this Bid.

The Bidder shall provide the City with ongoing disclosure, should the Bidder be awarded a contract and any of the information or representations provided in this form no longer be accurate.

Signature of Authorized Signing Officer ______________________________________________ Printed Name of Signing Officer I have authority to bind the Bidder and attest to the accuracy of the information provided in this Bid

This Form is a Mandatory Submission Requirement

48 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/accessible-customer-service-training-requirements/



Section 3 – Tender Submission Package List of Subcontractors Form



Section 3 – Tender Submission Packag e – Lis t of Subcontractors For m

Upon request, the Bidder shall provide the Subcontractor’s name for each work type indicated in the table below or indicate “OWN FORCES” in the “Subcontractor Name” column if a Subcontractor will not be used for the work type indicated. The names of all Subcontractors to be used for each work type indicated must be provided. The Contractor will not be permitted to change any named Subcontractor without the written approval of the Contract Administrator. Any request for changing a named Subcontractor must be submitted in writing. The Contractor acknowledges that upon receipt of such a request by the City, the review and approval process could take a time to complete. Any delay in the commencement of the Work or in the performance of the Work or in the Contractor’s performance of its obligations under the Contract related to or arising from the City’s consideration of the Contractor’s request for a Subcontractor change shall be solely borne by the Contractor. Where union affiliation is required pursuant to the City’s “Labour Trades Contractual Obligations in the Construction Industry” (more particularly described in the document attached to the Applicable City Policies section) for the Work or any part thereof, the Contractor (and any Subcontractor performing any part of such Work) must be affiliated with the applicable collective bargaining agency and the Bidder shall submit proof of such affiliation of the Contractor prior to an award of contract. List of Subcontractors

Name of Bidder: Date: The Bidder may attach separate sheet(s) to this Form if additional space is needed. Indicate the number of sheets, if attached:

Work Types Subcontractor Name

49 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 3 – Tender Submission Package Experience and Qualifications Form



Section 3 – Tender Submission Packag e – Experience and Qualifications For m

1. Project Experience / Comparable Projects

For the purpose of confirming the Bidder's experience and track record of success as per Section 2, Item 7.1 (E). Failure to provide verifiable experience will result in the bid being declared non-compliant. Bidders may attach a separate sheet if more space is required. Bidders must fill out Table 2 and Table 3 and include them as part of their Bid submission. Bidders must also include the CVs for the proposed key staff listed in Table 3 as part of their Bid submission. In providing reference information, the Bidder gives the City consent to contact these individuals to verify the referenced project information. Should the City determine that contacting the references is required to verify experience, a maximum of two attempts will be made. Bidders should contact their references to make sure that they are reachable and expect to be contacted by the City during the tender evaluation period.

50 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




The information provided in this table may be verified using the reference provided. Table 2 – Company Experience and Qualifications Criteria 1 2 3 4 5 6 7

Project Title,

Location and Owner

and Reference Contact

information (name phone, email)

Bidder's Initial

Contract Value

(excluding Contingency)

Bidder's Final

Contract Value

Contract Start Date

Date of Contract

Completion (as per the Contract)

Actual Date of

Substantial Completion

Summary of Scope of Work

Construction Works in Urban Settings

Large diameter sewers

(>1500 mm diameter)

and replaceme

nt

Installation of sewers

at minimum 7 m depth or greater.

Minimum of 2 dry/wet ponds

including excavation /

earth moving, rough and fine

grading

Value at least $10

million (excluding

tax) in work similar to

that described

for the BFPP.

Construction projects in Type

4 soils (as classified in O. Reg. 213/91, s.

226 (5)) and other ground soil

situations requiring support

structures for construction.

Road surface restoration or transportation work projects

Project Title: Location: City/Town, Province Owner:

$ $ Month Day, Year

Month Day, Year

Month Day, Year

Provide a description of the contract including relevance to the BFPP work, all the various work types in the contract as well as the details on the quantity of installation (e.g. metre of sewer or number of water services replaced etc.). Also provide description of any challenges associated with the contract which demonstrate the complexity.

State location of the project

State size (mm) and quantity in metres

State size (mm) and quantity in metres

State pond type, size, and confirm that scope included items above.

State value in $ million

State type of support & length of trench (m)

State area of surface asphalt in m2

51 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Table 3 - Experience of Key Staff

Role on Projects

Proposed

Staff Name

Years of Experience Within the

Role

Resume Included? (Yes/No)

Highest Academic Qualification Achieved /

Professional Designation

Project Manager

Site Superintendent #1

N/A

Site Superintendent #2

N/A

52 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 3 – Tender Submission Package Pricing Form



acti on 3 – Tender Submissi on Package – Pricing For m

The Bidder must provide the following prices:

• Unit PriceA • Total Per ItemA • Total for each part / sectionA • Contingency AllowanceA • Total Bid Price = $XA • HST Amount = $Y = 13% of $X • Total Amount of Tender Call = $X + $Y. This amount is to be indicated on the

Tender Call Cover Page next to “Amount of Bid Herein”. All spaces for the aforementioned information must be completed in ink ensuring the printing is clear and legible. Bidders that do not fully complete these forms (such as leaving lines blank), or have unclear answers (such as "n/a", "-", "tba" or "included" etc.) will be declared non-compliant. Prices that are intended to be zero cost/no charge to the city are to be submitted in the space provided in the price schedule as "$0.00" or "zero". Where included, the Supplementary List of Prices Required for Changes in the Work form must also be completed. Notes:

A exclusive of all taxes

53 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

SECTION 3 - TENDER SUBMISSION PACKAGE PRICING FORM

Contract No. 19ECS-LU-02FP

Item Standard/ Special

Specification

Description Estimated Quantity

Unit Unit PriceAdden-dum No.

Standard/ Special Drawing

Tender Call No.196-2019

Total Per Item

Part A General

1 GN130SS Payment for bonds lump sum

$_________ $_________1.00

2 GN131SS Payment for all insurance lump sum

$_________ $_________1.00

3 GN132SS Mobilization and demobilization lump sum

$_________ $_________1.00

4 TS 1.10 Field office each$_________ $_________1.00

5 TS 1.00/ GN102SP / GN105SS / RD419SS

Traffic Control lump sum

$_________ $_________1.00

6 GN101SP Capital improvement project construction signs

each$_________ $_________10.00

7 GN114SP Pre and Post -construction photos and videos

lump sum

$_________ $_________1.00

8 GN116SP Pre-construction and post-construction condition surveys

lump sum

$_________ $_________1.00

9 Provision of as-constructed survey and as-built drawings

lump sum

$_________ $_________1.00

10 SP14 Supply, install, cleaning and removal of public portable washroom facilities

each$_________ $_________4.00

Total For Part A General

Part B Local Roads

Section I Sewer

Subsection 1 Sanitary Sewers Pipe

11 TS 401/TS 410/TS 407/ SW301SP / SW305SP / SW304SS

250 mm PVC sewer DR 35 - over 3.0 m to 4.5 m in depth

m$_________ $_________33.00

Total For Subsection 1 Sanitary Sewers Pipe

Subsection 2 Storm Sewer Pipe


300 mm PVC sewer DR 35 - up to 3.0 m in depth

m$_________ $_________152.00


375 mm PVC sewer DR 35 - up to 3.0 m in depth

m$_________ $_________238.00

Aug 14, 2019 20 Page 3 -54 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Specification





Total Per Item


375 mm PVC sewer DR 35 - over 3.0 m to 4.5 m in depth

m$_________ $_________22.00


450 mm reinforced concrete pipe, CL 65D - up to 3.0 m in depth

m$_________ $_________

T-802.032-1 110.00


450 mm reinforced concrete pipe, CL 65D - over 3.0 m to 4.5 m in depth

m$_________ $_________

T-802.032-1 101.00



m$_________ $_________

T-802.032-1 48.00



m$_________ $_________

T-802.032-1 12.00



m$_________ $_________

T-802.032-1 57.00



m$_________ $_________

T-802.032-1 37.00



m$_________ $_________

T-802.032-1 100.00



m$_________ $_________

T-802.032-1 98.00

Aug 14, 2019 21 Page 3 -55 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Specification





Total Per Item


675 mm reinforced concrete pipe, CL 140D - over 6.0 m in depth

m$_________ $_________

T-802.032-1 34.00



m$_________ $_________

T-802.032-1 105.00



m$_________ $_________

T-802.032-1 37.00



m$_________ $_________

T-802.032-1 182.00



m$_________ $_________

T-802.032-1 45.00



m$_________ $_________

T-802.032-1 10.00



m$_________ $_________

T-802.032-1 52.00



m$_________ $_________

T-802.032-1 97.00



m$_________ $_________

T-802.032-1 42.00

Total For Subsection 2 Storm Sewer Pipe

Subsection 3 Maintenance Holes Sanitary Sewer

Aug 14, 2019 22 Page 3 -56 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Specification





Total Per Item

32 TS 401/TS 410/TS 4.50/TS 407/ SW301SP / SW305SP / SW304SS

Precast concrete maintenance hole including benching - 1200 mm diameter - over 3.0 m to 4.5 m in depth

each$_________ $_________T-701.010/T

-701.0212.00

33 Sanitary maintenance hole cover seal

each$_________ $_________3.00

Total For Subsection 3 Maintenance Holes Sanitary Sewer

Subsection 4 Maintenance Hole Storm Sewer


Precast concrete maintenance hole including benching - 1200 mm diameter - up to 3.0 m in depth

each$_________ $_________T-701.010/T

-701.0216.00



each$_________ $_________T-701.010/T

-701.0216.00

36 TS 401/TS 410/TS 407/TS 4.50/ SW301SP / SW305SP / SW304SS


each$_________ $_________T-701.011/T

-701.0212.00



each$_________ $_________T-701.011/T

-701.0215.00


Precast concrete maintenance hole including benching - 1500 mm diameter - greater than 6.0 m in depth

each$_________ $_________T-701.011/T

-701.0213.00



each$_________ $_________T-701.012-1

/T-701.0211.00

Aug 14, 2019 23 Page 3 -57 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Specification





Total Per Item



each$_________ $_________T-701.012-1

/T-701.0211.00



each$_________ $_________T-701.012-1

/T 701.0212.00



each$_________ $_________T-701.013/T

-701.0211.00



each$_________ $_________T-701.013/T

-701.0211.00


Precast concrete maintenance hole including benching 3000 mm diameter - greater than 6.0 m in depth

each$_________ $_________

T-701.021 1.00

Total For Subsection 4 Maintenance Hole Storm Sewer

Subsection 5 Catch Basin, Ditch Inlet, Inlet Control Device

45 SW301SP / SW305SP

Inlet control device - 250 mm lead each$_________ $_________

T-706.010 4.00


Inlet control device - 300 mm lead each$_________ $_________

T-706.010 2.00

47 TS 4.50/TS 407/ SW301SP / SW305SP

Remove and replace precast single catch basin

each$_________ $_________

T-705.010 9.00

48 TS 4.50/TS 407/ SW301SP / SW305SP

Remove and replace precast single pup catch basin

each$_________ $_________

T-705.010-1 11.00

49 TS 4.50/TS 407/ SW301SP / SW305SP

Precast single catch basin each$_________ $_________

T-705.010 2.00

Aug 14, 2019 24 Page 3 -58 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Specification





Total Per Item

50 TS 407/TS 4.50/ SW301SP / SW305SP

Precast double catch basin chamber each$_________ $_________

T-705.020 1.00

51 TS 510/TS 4.01/TS 401/TS 407/ SW301SP / SW305SP

Remove and replace catch basin lead

m$_________ $_________T-708.01-3/

T-708.020/T-708.03

143.00

52 TS 13.10/TS 407/ SW301SP / SW305SP

250 mm catch basin lead m$_________ $_________T-708.01-3/

T-708.020/T-708.03

81.00

53 TS 13.10/TS 407/ SW301SP / SW305SP

300 mm catch basin lead m$_________ $_________T-708.01-3/

T-708.020/T-708.03

7.00

54 High inlet capacity catch basin with sump

each$_________ $_________2.00

55 High inlet capacity catch basin each$_________ $_________2.00


Ditch inlet catch basin each$_________ $_________OPSD

702.040, OPSD 702.030

2.00

57 Supply and install Catch Basin Sediment Control Trap

each$_________ $_________2.00

Total For Subsection 5 Catch Basin, Ditch Inlet, Inlet Control Device

Subsection 6 Sewer Laterals

58 TS 510/TS 4.01/TS 401/ SW301SP / SW305SP / SW304SS / SW306SS

Remove and replace sewer service 150 mm DR 28 complete with connection to sewer - up to 3.0 m in depth at the main

m$_________ $_________

T-708.01 1,508.00


Remove and replace sewer service 150 mm DR 28 complete with connection to sewer - over 3.0 m to 4.5 m in depth at the main

m$_________ $_________

T-708.01 902.00


Remove and replace sewer service 150 mm DR 28 complete with connection to sewer - over 4.5 m to 6.0 m in depth at the main

m$_________ $_________

T-708.01 117.00

Total For Subsection 6 Sewer Laterals

Aug 14, 2019 25 Page 3 -59 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Specification





Total Per Item

Total For Section I Sewer

Section II Water

Subsection 1 Watermain

61 TS 7.70/TS 7.22/TS 7.30/TS 7.40/TS 401/TS 441/TS 518/ WM201SP / WM205SS / WM209SS / WM211SS

150 mm PVC watermain, CL 235, DR18, within roadway

m$_________ $_________T-1103.01/T

-1103.020/T-1103.020-2/T-1104.03-3/T-1105.02-1/T-1105.02-2/T-1106.04/T-1104.03-4

10.00

62 TS 7.22/TS 7.30/TS 7.40/TS 7.70/TS 401/TS 441/TS 518/ WM201SP / WM205SS / WM209SS / WM211SS

Connect new watermain to existing watermain, (all sizes) complete

each$_________ $_________T-1104.03/T

-1104.03-1/T-1104.03-2/T-1104.03-3/T-1104.03-4/T-1107.04-3/T-1107.04-4

2.00

Total For Subsection 1 Watermain

Subsection 2 Water Services

63 TS 7.22/TS 7.30/TS 7.40/TS 401/TS 441/TS 518/ WM203SP / WM205SS / WM208SS / WM209SS / WM211SS

19 mm diameter copper water service connections to the property line, up to 8 m in length, complete

each$_________ $_________

T-1104.01 56.00

64 TS 7.22/TS 7.30/TS 7.40/TS 401/TS 441/TS 518/ WM203SP / WM205SS / WM208SS / WM209SS / WM211SS

19 mm diameter copper water service connections to the property line, greater than 8 m in length, complete

each$_________ $_________

T-1104.01 59.00

65 WM206SP Test pit to investigate condition of water service

each$_________ $_________121.00

Total For Subsection 2 Water Services

Total For Section II Water

Section III Restoration

Aug 14, 2019 26 Page 3 -60 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Specification





Total Per Item

66 TS 3.20/TS 4.60/TS 2.10 / GN106SS / RD423SS / GN121SS

Utility cut pavement to match existing pavement structure including Granular A up to base asphalt - flexible pavement structure

m2$_________ $_________T-509.010-1

(2 of 2)40.00

Total For Section III Restoration

Section IV Miscellaneous

67 TS 409 / SW302SS

Clean, flush and video sanitary and storm sewers and maintenance holes - before construction

m$_________ $_________3,500.00

68 TS 409 / SW302SS

Clean, flush and video sanitary and storm sewers and maintenance holes - after construction

m$_________ $_________3,500.00

69 SW303SS Clean out existing catch basins and sumps

each$_________ $_________62.00

70 TS 13.10/ GN122SP

Test pits as directed - backfill with unshrinkable fill

each$_________ $_________36.00

71 GN129SP Construction banners each$_________ $_________26.00

72 GN127SP Portable changeable message sign Month$_________ $_________48.00

73 SP58 Tree protection fence m$_________ $_________60.00

Total For Section IV Miscellaneous

Total For Part B Local Roads

Part C Storm Water Management (Roding Park)

74 Supply and install construction fence

m$_________ $_________990.00

75 Tree protection fence m$_________ $_________150.00

76 SP55 Supply and install Siltsoxx m$_________ $_________200.00

77 OPSS 805 Sediment control fence m$_________ $_________

T-219.130-1 990.00

78 SP55,SP60 Supply and install and removal of erosion and sedimentt control blanket

m2$_________ $_________15,000.00

79 Supply, install, maintain, remove and restore upon removal Double Construction Gate(s) including posts with Chain Latch and Pad Lock at locations determined by the Engineer

each$_________ $_________2.00

Aug 14, 2019 27 Page 3 -61 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Specification





Total Per Item

80 V-shaped rock flow check dam each$_________ $_________OPSD

219.2101.00

81 Supply and install 330 mm orifice plate

each$_________ $_________1.00

82 OPSS 511, OPSS 1004/ SP66

Rip-rap(R-10) m2$_________ $_________50.00

83 TS 510 Remove and dispose existing headwalls

each$_________ $_________2.00

84 SP66 Supply and install precast concrete headwall(450 mm pipe)

each$_________ $_________OPSD

804.0302.00

85 SP66 Supply and install precast concrete headwall(975 mm pipe)

each$_________ $_________OPSD

804.0301.00

86 Supply, install, maintain and remov the temporary sediment trap with silt fence

lump sum

$_________ $_________OPSD 219.240

1.00

87 RD409SS Relocate existing park bench each$_________ $_________1.00

88 SP70 Remove and relocate existing light pole and guy wire

each$_________ $_________OPSD

2200.0111.00

89 TS 5.30 Tree planting each$_________ $_________20.00

90 TS 5.30 Shrub planting each$_________ $_________280.00

91 SP63,SP64,SP65,SP66

Roding Park Pond construction lump sum

$_________ $_________1.00

92 Supply and install armour stone m2$_________ $_________20.00

93 Pedestrian Guard rail (980 mm height)

m$_________ $_________20.00

94 TS 5.20 Direct seeding m2$_________ $_________14,400.00

95 SP55 Supply and install Eco Blanket m2$_________ $_________14,400.00

96 TS 3.30/TS 1003/TS 1101/TS 1151/TS 2.10 / RD423SS

Commercial asphalt driveway - hot mix

m2$_________ $_________

T-310.050-8 710.00

Aug 14, 2019 28 Page 3 -62 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Specification





Total Per Item

97 Asphalt Access pathway m2$_________ $_________1,260.00

Total For Part C Storm Water Management (Roding Park)

Part D Contingency

Section I Provisional Items

98 SP37 Non-Destructive Excavation each$_________ $_________16.00

99 SP62 Decommissioning of monitoring wells

each$_________ $_________10.00

100 TS 2.10/ RD408SP

Additional excavation of soft spots m3$_________ $_________40.00

101 TS 1010/TS 3.50/TS 1350/TS 2.10 / GN106SS

Concrete curb m$_________ $_________

T-600.11-1 50.00

102 TS 3.17/TS 3.50/TS 1350/TS 2.10 / GN106SS / RD407SS

Concrete curb and gutter m$_________ $_________

T-600.05-1 150.00

103 TS 3.50/TS 1350/TS 1010/TS 2.10/TS 3.70/TS 3.80 / GN106SS

Concrete curb with monolithic concrete unit paver base

m$_________ $_________T-310.020-1

/T-310.020-2

40.00

104 TS 3.80/TS 2.10

Concrete unit pavers - with concrete base

m2$_________ $_________

T-561.030-1 140.00

105 TS 3.70 Tactile walking surface indicator m$_________ $_________T-310.030-1

0/T-310.030-11

50.00

106 TS 501/TS 1010/TS 2.10

Granular A RCM t$_________ $_________250.00

107 TS 501/TS 1010/TS 2.10

Granular B Type II t$_________ $_________250.00

108 TS 206 / GN125SS

Earth excavation, grading inscluding removal and disposal

m3$_________ $_________500.00

109 TS 403 Rock excavation for pipelines, utilities and associated structures

m3$_________ $_________250.00

110 Street Sweeping hr$_________ $_________150.00

111 Street power washing m3$_________ $_________140.00

Aug 14, 2019 29 Page 3 -63 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Specification





Total Per Item

112 Supply and install new catch basin frame and cover including adjustment units and curb removal and replacement

each$_________ $_________

T-610.020-1 10.00

113 TS 3.15 / GN121SS

Cold milling of asphalt pavement - up to 50 mm depth

m2$_________ $_________7,750.00

114 TS 3.90 / GN106SS

Rout and seal joints and minor cracks in pavement

m$_________ $_________250.00

115 TS 3.30/TS 1003/TS 1101/TS 1151/TS 2.10 / RD423SS

Residential asphalt driveway - Restoration

m2$_________ $_________

T-310.050-8 100.00

116 TS 510 / GN106SS

Remove concrete or asphalt sidewalk, all thicknesses

m2$_________ $_________100.00

117 TS 3.70/TS 1350/TS 2.10 / GN106SS / RD424SS

Concrete sidewalk - 130 mm thick m2$_________ $_________T-310.010-1

/T-310.010-2/T-310.010-6/T-310.010-7/T-310.010-9/T-310.010-5/T-310.010-11

150.00

118 RD403SP / GN106SS

Supplemental cost for removal and disposal of asbestos containing asphalt in trench excavation

m2$_________ $_________250.00

119 TS 3.10/ SP53

Supply and place Hot laid asphalt(Local residential/Collector)

m2$_________ $_________250.00

120 TS 3.10/TS 3.20/TS 310/TS 1003/TS 1101/TS 1151/TS 2.10 / RD423SS

Superpave 12.5, Traffic Category B, PG 64-28

t$_________ $_________150.00

121 Tree removal, disposal and replacement

each$_________ $_________50.00

122 TS 5.30 Tree, 70 mm caliper each$_________ $_________90.00

123 Arborist Report lump sum

$_________ $_________1.00

124 SP25 Positive excavation support for construction of pipe and maintenance holes

lump sum

$_________ $_________1.00

Aug 14, 2019 30 Page 3 -64 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Specification





Total Per Item

125 SP40 19 mm clear stone alternative bedding for wet condition at subgrade

m3$_________ $_________450.00

126 TS 510 / RD410SS

Remove, salvage, store and reinstall existing bollards

each$_________ $_________10.00

127 RD413SS Remove, salvage and re-instate post and ring bicycle stand

each$_________ $_________

F-7-1 10.00

128 TS 510/ WM207SP / WM209SS / WM211SS

Remove and replace non-operational curb stops (all sizes) at streetline including all connections

each$_________ $_________30.00

129 TS 510/TS 1010/TS 501/TS 1003/TS 3.55/TS 3.45/TS 3.20/TS 1350/TS 310/TS 3.10/TS 1101/TS 2.10 / GN106SS / RD407SS / RD423SS

Gutter Adjustment m$_________ $_________

T-508.010-1 250.00

130 Allowance for removal and disposal of contaminated material

m3$_________ $_________200.00

131 SP39 Dewatering greater than 50000L/day but less than 400000L/day

PS$100,000.00 $100,000.001.00

Total For Section I Provisional Items

Section II Contingency Allowance

Subsection 1 Contingency

Subsection 1 Provisional Items

Total For Subsection 1 Provisional Items

Subsection 2 Contingency Allowance

Total For Subsection 2 Contingency Allowance

Total For Subsection 1 Contingency

Subsection 2

132 Contingency allowance PSN/A N/AN/A

Total For Subsection 2

Total For Section II Contingency Allowance

Total For Part D Contingency

Aug 14, 2019 31 Page 3 -65 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Specification





Total Per Item

Summary of Tender Total

Part A General

Part B Local Roads

Part C Storm Water Management (Roding Park)

Total Bid Price = $X

Company GST/HST Registration number:

HST Amount (13%) = $Y

Total Amount of Tender Call = $X + $Y

Please indicate this amount on the Tender Call Cover Page next to "Amount of Tender Call Herein".

Subtotal

Contingency (15.00%)

Aug 14, 2019 32 Page 3 -66 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 4 – Scope of Work Tender Call No. 196-2019 Contract No. 19ECS-LU-02FP


Section 4 – Scope of Wor k

Table of Contents Page No.

4- 1. Project Title ................................................................................................................... 2

2. Project Location and Ward Number ............................................................................. 2

3. Project Description ....................................................................................................... 2

4. Completion Date ............................................................................................................ 2

5. Construction Survey and Layout ................................................................................. 2

6. Construction Staging and Phasing .............................................................................. 2

7. Contract Drawings ........................................................................................................ 3

8. Standard Specifications and Standard Drawings ....................................................... 4

9. Geotechnical / Subsurface Reports ............................................................................. 4

10. Permits and Approvals ................................................................................................. 4

11. List of Confined Spaces................................................................................................ 5

67 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



1. Project Title

Basement Flooding Protection Program Phase 4 – Area 16, Assignment 16-22. 2. Project Location and Ward Number

Assignment 16-22 is located on Bunnell Crescent, Dorking Crescent, Gade Drive, Hallsport Crescent, Ianhall Road, Nash Drive, Roding Street and within Roding Park, which are in the City of Toronto's Ward 6.

3. Project Description

The general work required under this contract is to supply all labour, equipment and materials required for the construction of sewer improvements as described in this Tender Call to the applicable City of Toronto and Province of Ontario standard construction specifications and standards as noted. The work includes, but is not limited to the following:

• Sanitary Sewer and Lateral Replacement • Storm Sewer and Lateral Replacement • Watermain and Water Service Replacements • Catchbasin and Inlet Control Device Installation • Maintenance Hole Replacement • Stormwater Management Pond • Restoration Works (including roadway, driveway, sidewalk, boulevard,

landscaping, tree replacement and planting)

4. Completion Date

This Contract, including all site restorations, clean up, and rectification of all known deficiencies, must be completed within 390 Working Days from the date of commencement of the Work indicated in the Order to Commence Work which will be issued following the execution of the agreement for this Contract.

5. Construction Survey and Layout

All survey and layout required under this Contract shall be performed by the Contractor. Section 4A and Section 5A of this document provide further information on the requirements.

6. Construction Staging and Phasing

The Contractor shall manage their own staging for construction under this contract to complete all work by stipulated Contract Milestone Dates and the Completion Date, in such a manner that will satisfy all conditions of this Contract. All staging plans shall be reviewed and approved by the Contract Administrator prior to implementation.

Additional construction projects located within/adjacent to this project on Wilson Avenue will require coordination to avoid construction conflicts/Constructor issues. The Contractor shall note this may require coordination meetings and onsite visits

68 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



with the other project teams. Access from Wilson Avenue to the area under this contract is strictly prohibited. The Contractor shall note the following are known projects that may be occurring during the same timeframe as the work outlined in the contract documents;

- Basement Flooding protection Program 4- Area 15-07(2019-2021)

Additional unknown or unanticipated projects may also arise during the execution of this contract and the Contractor shall make every effort to coordinate all permanent and temporary works with any and all other projects as needed. Contractor shall note this may require coordination meetings and onsite visits. Costs for such co-ordination / meetings, when and if required, shall be included in the Contractors bid prices and no additional costs will be considered by the City for these co-ordination / meetings if required.

7. Contract Drawings

The following drawings form part of this Contract and are provided as separate attachments:

Drawing No. Title Date 19-ECS-T1-02FP-G1 Cover Sheet and Drawing Index June 2019 19-ECS-T1-02FP-G2 General Notes and Legend June 2019 17-03309-001 Roding Street- Storm Sewer Re-Construction June 2019 17-03309-002 Gade Drive- Storm Sewer Re-Construction June 2019

17-03309-003 Ianhall Road- Storm and Sanitary Sewer Re-Construction June 2019

17-03309-004 Nash Drive- Storm Sewer Re-Construction June 2019 17-03309-005 Nash Drive- Storm Sewer Re-Construction June 2019 17-03309-006 Nash Drive- Storm Sewer Re-Construction June 2019

17-03309-007 Bunnell Crescent- Storm Sewer Re-Construction June 2019

1703309-008 Bunnell Crescent- Storm and Sanitary Sewer Re-Construction June 2019

17-03309-009 Bunnell Crescent- Storm Sewer Re-Construction June 2019

17-03309-010 Hallsport Crescent- Inlet Control Device June 2019

17-03309-011 Hallsport Crescent- Storm Sewer Re-Construction June 2019

17-03309-012 Hallsport Crescent- Storm Sewer Re-Construction June 2019

17-03309-013 Dorking Crescent- Storm Sewer Re-Construction June 2019



Drawing No. Title Date

17-03309-016 Roding Park- Limit of Construction- Existing Conditions and Removals Site Plan June 2019

69 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



17-03309-017 Roding Park- Erosion and Sediment Control and Tree Preservation Plan June 2019

17-03309-018 Roding Park- Proposed Works and Grading Site Plan Overall Site Plan June 2019

17-03309-019 Roding park- Grading and Lay out Site Plan June 2019 17-03309-020 RodingPark- Restoration Site Plan June 2019

17-03309-021 Roding Park- Proposed Storm Sewer Section Details June 2019

17-03309-022 Roding Park- Proposed Grading Cross Section Details (1) June 2019

17-03309-023 Roding Park-Proposed Grading Cross Section Details (2) June 2019

17-03309-024 Roding Park-Proposed Grading Cross Section Details (3) June 2019

17-03309-025 Roding Park-Proposed Access Path Profile (1) June 2019 17-03309-026 Roding Park-Proposed Access Path Profile (2) June 2019 17-03309-027 Miscellaneous Details (1) June 2019 17-03309-028 Miscellaneous Details (2) June 2019 17-03309-029 Miscellaneous Details (3) June 2019 17-03309-030 Tree Preservation and Replacement Details(1) June 2019 17-03309-031 Tree Preservation and Replacement Details(2) June 2019 17-03309-032 Tree Preservation and Replacement Details(3) June 2019

8. Standard Specifications and Standard Drawings

The following lists comprise the City of Toronto Construction Standards. The Contractor shall follow the latest version: • List T1 - Standard Specifications for Roads • List T2 - Standard Drawings for Roads • List T4- Adopted OPS Drawings for Roads, April 2015 • List W1 - Standard Specifications for Sewers and Watermains • List W2 - Standard Drawings For Sewers and Watermains • Material Specifications • Construction Specifications and Drawings for Traffic Control Devices

9. Geotechnical / Subsurface Reports

The following geotechnical and hydrogeological investigation reports prepared by Wood Environmental & Infrastructure Solutions are provided as separate attachments:

- Geotechnical Investigation Report, Basement Flooding Protection Program Phase 4 (BFPP4) Assignment 16-12 and Assignment 16-22, Toronto, Ontario

- Draft Hydrogeological Investigation and Dewatering Assessment Report, Basement Flooding Protection Program Phase 4 (BFPP4), Area 16 - Assignment 16-12 and Assignment 16-22, Toronto, Ontario

10. Permits and Approvals

The Contractor shall determine and, at its own expense, obtain permit approvals where required to carry out the Works under this Contract.

70 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The City will obtain the following approvals by Contract award:

• MECP ECA • RNFP Permits

Permits to be obtained by the Contractor include but are not limited to: • Road Cut/ROW Permits • RoDARs • Park Access and Occupancy Permit • Noise Bylaw Exemption Permit (as required) • Sewer Discharge Permit for dewatering or maintenance of flows (if required) • Tree Removals or injury permit The Contract Administrator will assist in the preparation of the supporting documentation for the tree removal permits.

11. List of Confined Spaces

All maintenance holes, valve chambers, other underground structures and pipes and any other areas meeting the definition of a confined space as defined under OHSA in this project are considered confined spaces.

71 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 4A – Special Specifications Tender Call No. 196-2019 Contract No. 19ECS-LU-02FP

ECS Linear Rev. 6.01 Page 4A-1

Section 4A – Special Specificati ons

These Special Specifications are comprised of two documents: Supplementary Specifications and Special Provisions. In reviewing these two documents, and with respect to the Order of Precedence contained in General Condition 2.02, the Special Provisions will take precedence over the Supplementary Specifications in the event of any inconsistency or conflict between the two documents. Table of Contents

Page No. 4A- Supplementary Specifications ........................................................................................... 5

1. Access to Site – GN103SS ............................................................................................ 5

2. Access to Properties – GN104SS ................................................................................. 5

3. Safety Cranes and Manlifts – GN107SS ....................................................................... 6

4. Collection of Garbage – GN108SS ............................................................................... 6

5. Geotechnical Investigations – GN110SS ..................................................................... 7

6. Quality Control – GN111SS .......................................................................................... 7

7. Utility Locates – GN112SS ............................................................................................ 7

8. Restoration Work – GN121SS....................................................................................... 8

9. Provisional Items – GN123SS ..................................................................................... 11

10. Excavation Work – GN125SS ..................................................................................... 11

11. Payment of Bonds – GN130SS ................................................................................... 11

12. Payment for Insurance – GN131SS ............................................................................ 11

13. Payment for Mobilization and Demobilization – GN132SS ....................................... 11

14. Dust and Mud Control – GN105SS ............................................................................. 12

15. Saw Cutting – GN106SS.............................................................................................. 13

16. Piling and Shoring – GN117SS ................................................................................... 13

17. Crossing of Transmission Watermain – GN118SS ................................................... 15

18. Tree Protection – GN128SS ........................................................................................ 16

19. Locating Existing Water Services – All Sizes – WM205SS ....................................... 18

20. Private Side Water Service Replacement – WM208SS ............................................. 18

21. Operating Valves – WM209SS .................................................................................... 19

22. Water Supply Interruptions – WM211SS .................................................................... 19

23. Flush, Clean and CCTV Inspection of Sewers – SW302SS ...................................... 19

24. Clean Out Existing Catch Basins – SW303SS ........................................................... 20

25. Private Side Sewer Service Replacement – SW304SS ............................................. 21

26. Cleanouts – SW306SS ................................................................................................ 22

27. Gutter Adjustment – RD407SS ................................................................................... 22

28. Street Furniture – RD409SS ........................................................................................ 23

29. Remove, Salvage and Reinstall Existing Bollards – RD410SS ................................ 23

30. Remove Salvage and Replace Pavers – RD411SS .................................................... 24

31. Remove and Dispose of Pavers – RD412SS .............................................................. 25

72 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



32. Bicycle Locking Rings – RD413SS ............................................................................ 25

33. Cold Weather Work – RD414SS .................................................................................. 27

34. Reduction of Volatile Organic Compound (VOC) Emissions – RD423SS ................ 27

35. Construction Specification for Pavement Marking – RD419SS ............................... 27

36. Utility Adjustment – RD422SS .................................................................................... 32

37. Concrete Sidewalk – RD424SS ................................................................................... 34

38. Amendments for Quality Verification Engineer – BR601SS ..................................... 35

Special Provisions ............................................................................................................ 41

1. Capital Improvement Project Construction Sign – GN101SP................................... 41

2. Construction and Traffic Constraints – GN102SP .................................................... 42

3. Notices to Public – GN113SP ..................................................................................... 49

4. Pre-Construction Photos and Videos – GN114SP .................................................... 50

5. Construction Fence Mesh Banners – GN129SP ........................................................ 50

6. Pre- and Post-construction Condition Surveys – GN116SP .................................... 52

7. Test Pits to Expose and Verify Existing Utilities – GN122SP ................................... 55

8. Construction Survey and Layout – GN126SP ........................................................... 56

9. Watermain and Large Diameter Water Service Installation – WM201SP ................. 58

10. Portable Changeable Message Sign – GN127SP ...................................................... 66

11. Small Diameter Water Service Installation – WM203SP............................................ 69

12. Test Pits to Determine Location, Size and Material of Water Services – WM206SP 73

13. Replace Non-operational Water Service Curb Stops – WM207SP ........................... 75

14. Sewer and Sewer Service Installation – SW301SP ................................................... 76

15. Trench Stabilization – SW305SP ................................................................................ 80

16. Rock and Shale Excavation – SW307SP .................................................................... 80

17. Soft Spot Repairs – RD408SP..................................................................................... 81

Non-Standard Special Provisions .................................................................................... 82

1. Award of Contract – SP1............................................................................................. 82

2. Tender Document Drawings – SP2 ............................................................................ 82

3. Identification of Local MECP Office – SP3................................................................. 82

4. Contractor’s Representative On-Site – SP4 .............................................................. 82

5. Change Management – SP5 ........................................................................................ 83

6. Submittal Requirements – SP6 ................................................................................... 84

7. Submittal Schedule – SP7 .......................................................................................... 85

8. Project Schedule – SP8 .............................................................................................. 88

9. Co-Ordination and Progress Meeting- SP9 ............................................................... 93

10. Change in Work Within or Outside the Contract Limits – SP10 ............................... 93

11. Contingency Allowance- SP11 ................................................................................... 93

12. Quality Assurance – SP12 .......................................................................................... 93

13. Site Office for The Contract Administrator – SP13 ................................................... 94

73 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



14. Portable Washroom Facilities – SP14 ........................................................................ 96

15. Truck Routing Plan- SP15 ........................................................................................... 96

16. Supply Tow Truck and Operator – SP16 .................................................................... 96

17. Truck Weighing – SP17 ............................................................................................... 97

18. Approval of Granular Material and Concrete Mix Operation – SP18........................ 97

19. Materials from Designated Sources - SP19 ............................................................... 98

20. Work in Hazardous Areas – SP20 .............................................................................. 99

21. Noise and Vibration Protocol – SP21 ......................................................................... 99

22. Public Convenience and Safety – SP22 ................................................................... 100

23. Snow Removal and Disposal – SP23 ....................................................................... 101

24. Excavation, Soil Types, and Support Systems – SP24 ........................................... 102

25. Positive Excavation Support - SP25 ........................................................................ 103

26. Stockpiling of Material– SP26 .................................................................................. 105

27. Removal and Disposal of Transit Pipe – SP27 ........................................................ 105

28. Existing Asphalt Containing Asbestos- SP28 ......................................................... 106

29. Saw Cutting and Pavement Removal – SP29 .......................................................... 111

30. Temporary Snow Fence – SP30 ............................................................................... 111

31. Temporary Construction Fencing – SP31 ............................................................... 112

32. Monitoring Movements of Existing Structures – SP32 ........................................... 112

33. Clean Up of Site – SP33 ............................................................................................ 113

34. Clearing and Grubbing – SP34 ................................................................................. 114

35. Survey Monuments – SP35 ....................................................................................... 114

36. Fresh Concrete – SP36 ............................................................................................. 115

37. Non-Destructive Excavation – SP37 ........................................................................ 115

38. Traffic Control – SP38 ............................................................................................... 115

39. Dewatering – SP39 .................................................................................................... 117

40. Sewer Construction – SP40 ...................................................................................... 118

41. Watermain Replacement– SP41 ............................................................................... 119

42. Maintenance Holes – SP42 ....................................................................................... 121

43. Drop Structures- SP43 .............................................................................................. 124

44. Maintenance Hole Sealing – SP44 ............................................................................ 125

45. Catch Basins – SP45 ................................................................................................. 125

46. High Inlet Capacity Catch Basins- SP46 .................................................................. 126

47. Working Around Trunk Sewers / Watermains – SP47 ............................................ 127

48. Maintenance of Sewer Flows – SP48 ....................................................................... 129

49. Water Service Connections– SP49 .......................................................................... 129

50. Sanitary and Storm Service Connections – SP50 ................................................... 130

51. Backfill – SP51 ........................................................................................................... 133

52. Compaction – SP52 ................................................................................................... 133

74 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



53. Restoration – SP53.................................................................................................... 134

54. Acceptance of Sewer Work – SP54 .......................................................................... 141

55. Slope Protection and Erosion Control – SP55 ........................................................ 142

56. Limits of Construction in Parks and Parkette – SP56 ............................................. 143

57. Tree Removals – SP57 .............................................................................................. 144

58. Working Around Trees- SP58 ................................................................................... 145

59. Tree, Shrubs, and Groundcover – SP59 .................................................................. 146

60. Seeding and Sodding within Parks – SP60 ............................................................. 160

61. Warranty and Maintenance for Landscaping Works – SP61 .................................. 169

62. Monitoring Well Decommissioning – SP62 ............................................................. 172

63. Roding Park Pond Construction – SP63 .................................................................. 172

64. Rough and Final Grading – SP64 ............................................................................. 177

65. Swale – SP65 ............................................................................................................. 177

66. Pond Inlet Structures – SP66 ................................................................................... 178

67. Plug and Seal existing opening – SP67 ................................................................... 180

68. Re-bench existing Maintenance Hole – SP68 .......................................................... 180

69. Remove and Replace Existing Light Standard and Base – SP69 .......................... 181

75 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Supplementary Specifications 1. Access to Site – GN103SS

Supplementary Specification October 2016 The Contractor shall be responsible for all re-grading of existing roads, landscaping and access routes to suit the purposes for site access. The Contractor shall also be responsible for the restoration of all existing roads, fencing, guide rails and landscaping to pre-construction conditions or better. Any damage to trees or other property caused by the Contractor’s site access shall be corrected at no extra cost to the City.

Equipment and Material shall be stored in designated areas. Notwithstanding the foregoing, the Contractor shall at no extra cost to the City remove any Equipment or Material, which in the Contract Administrator's opinion, constitute a hazard to traffic or pedestrians.

The Contractor shall plan and schedule the routes of construction and delivery vehicles to, from and within the job site, so that vehicular movements are accommodated with minimum interference and interruptions to public traffic. Access routes shall be established to allow vehicles to merge with public traffic to avoid crossing traffic lanes.

The Contractor shall obtain the Contract Administrator's prior approval for the location of any construction access points. The Contract Administrator reserves the right to alter, reject or close same, as considered necessary. The Contractor shall provide suppliers of Equipment and Material with the location and proper use of the access points.

The Contractor is advised that no construction equipment or vehicles shall be permitted on any adjacent lands unless the Contractor has obtained written permission from the applicable property owners. All areas used by the Contractor for access or storage shall be restored to their original condition at no extra cost to the City.

Basis of Payment All costs associated with this Work shall be considered incidental to all related items of Work. No separate payment shall be made.

2. Access to Properties – GN104SS

Supplementary Specification September 2018 Further to General Conditions of Contract clauses GC 7.07, GC 6.01 and GC 6.02, the Contractor shall direct their operations to minimize any inconvenience to the owners or occupants of the affected properties. The Contractor shall supply, place and compact

76 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



granular material or hot mix asphalt or both to provide ramps for temporary driveway access and to provide safe and pothole-free access along roadways under construction.

In the event that in providing vehicular access, the installation of the sidewalk, driveway aprons and related road curb is carried out half driveway at a time, the Contractor shall not be compensated for any hand labour or concrete under-load charges.

Basis of Payment All costs associated with this Work shall be considered incidental to all related items of Work. No separate payment shall be made.

3. Safety Cranes and Manlifts – GN107SS

Supplementary Specification October 2016 When work requiring the use of a crane, boom or similar equipment is undertaken in close proximity to hydro or transit overhead lines, regardless of line voltage, the Contractor shall give the appropriate authority 48-hours advance notice.

The authority will decide whether protection devices are required. Any charges for the protection shall be the responsibility of the Contractor.

Basis of Payment

All costs associated with this Work shall be considered incidental to all related items of Work. No separate payment shall be made.

4. Collection of Garbage – GN108SS

Supplementary Specification September 2017

Amendment to TS 1.20, April 2014 TS 1.20.09 MEASUREMENT FOR PAYMENT TS 1.20.09.01 Garbage Collection Subsection 1.20.09.01 of TS 1.20 is deleted in its entirety.

TS 1.20.10 BASIS OF PAYMENT TS 1.20.10 Basis of Payment Subsection 1.20.10 of TS 1.20 is deleted in its entirety and replaced with the following:


77 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



5. Geotechnical Investigations – GN110SS

Supplementary Specification October 2016 The geotechnical investigation reports are provided for general information only, and no engineering characteristics, or extent of the soil types found, are implied or suggested. The Contractor is solely responsible for the interpretation of the information contained in the report and shall satisfy themselves as to sub-surface conditions before submitting their Bid. The City makes no assertion as to the geotechnical characteristics, including soils, road and groundwater conditions that will be encountered within the Working Area.

6. Quality Control – GN111SS

Supplementary Specification February 2018 The Contractor shall be responsible for all quality control sampling and testing of all supplied material. The Contractor shall prepare and submit a Quality Control Plan no later than 7 Days prior to the commencement of Work. The results of any tests performed shall be submitted within 3 Days after completion of the specific test being performed to the Contract Administrator.

7. Utility Locates – GN112SS

Supplementary Specification October 2016 In addition to any other utility locating requirements contained in legislation and the Contract, the Contractor shall be responsible for obtaining satisfactory utility locates from all applicable utilities as necessary to complete the Contract Work. Under no circumstances shall the Contractor commence any excavation prior to obtaining the locations of all utilities that may be affected by the Contract Work. The Contractor shall provide the Contract Administrator with a copy of the locate sheets supplied by the utility locators, prior to construction.

Not all utilities subscribe to Ontario One Call. It is therefore the Contractor's responsibility to obtain all necessary utility stakeouts, whether from Ontario One Call, the individual utility owners or by hiring private utility locating companies or both to ensure that all utilities are identified and located in a timely fashion. Regardless of the method(s) used to locate utilities, it is the Contractor's responsibility to ensure that all Contract Work is completed within the number of Working Days or within the schedule outlined in the Contract. No extension of Contract Time shall be permitted for meeting the requirements of this Supplementary Specification, nor shall any delay claim be considered by the City if the Contractor fails to meet this responsibility.

Once the locates have been completed, the Contractor shall be responsible for verifying the location, size and depth of all underground services, including any abandoned services, with the applicable utility companies. The Contractor shall notify the Contract Administrator immediately in writing of any discrepancies between the information obtained by the Contractor and the information contained in the Contract Documents.

78 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Before excavating across or along any utility or service, the Contractor shall determine its exact location and elevation. The utility or service shall be exposed by hand excavation and shall be adequately supported and/or protected before proceeding with machine excavation.

Basis of Payment

All costs associated with this Work shall be considered incidental to all related items of Work. No separate payment shall be made for costs incurred in obtaining utility locates.

8. Restoration Work – GN121SS

Supplementary Specification September 2018 Restoration of Driveways, Sidewalks and Private Walkways

Driveway thicknesses for residential, industrial and commercial properties shall be according to T-310-050-8. The base of driveways, sidewalks and private walks shall be restored with a 150 mm depth of Granular A or Granular A RCM according to TS 1010 compacted to 100% of maximum dry density.

All driveways and sidewalks shall be saw cut in a straight line. All asphalt or concrete driveways shall be paved for the full width of the driveway so that driveways will have only one straight joint. If short services are located within the asphalt or concrete driveway, the driveway shall be paved from the service connection pit to the curb or from the connection pit to the back of sidewalk, so that driveways will only have one straight joint.

Asphalt, concrete and interlocking stone driveways disturbed during construction shall be restored to equal condition or better. Driveway concrete curbs, including curb returns, sidewalks, retaining walls and private walkways impacted by construction shall be reconstructed to original condition or better.

The Contractor shall permanently restore driveways of all types and sidewalks from expansion joint to expansion joint—minimum three bays— that will be affected due to the underground infrastructure construction.

Permanent restoration for driveways, sidewalks and private walkways shall be completed within 3 Working Days after the completion of the underground services of each block.

Basis of Payment

All costs associated with this Work shall be included in the Contract Price for underground infrastructure installation. No separate payment shall be made.

Boulevard Sodded Areas

Within sodded boulevards, all trenches and excavations backfilled with Granular B Type II or select native material shall be restored with 100 mm topsoil and sod according to TS 5.10 – Construction Specification for Growing Medium and TS 5.00 – Construction Specification for

79 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Sodding, respectively. The Work includes the removal and disposal of an equivalent amount of materials.

Basis of Payment

All costs associated with this Work shall be included in the Contract Price for underground infrastructure construction. No separate payment shall be made.

Restoration of Landscaping Features

Where retaining walls, fences or other landscaping features including river stone, gardens, decorative rocks, vegetation, interlock stone or lock stone and unit pavers that could require restoration and are fronting any lots the Contractor shall, if machine usage is not possible, remove the existing sidewalk/boulevard by hand. If any damage occurs to the retaining wall, fence or landscaping features during construction, then the Contractor shall repair it to its original condition or better at no extra cost to the City.

Subdrains

The Contractor shall make permanent repairs to all existing subdrains to match existing conditions or better.

Basis of Payment

All costs associated with this Work shall be included in the Contract Price for underground infrastructure installation. No separate payment shall be made.

Retaining Wall

Any retaining wall or structure that could require reconstruction or replacement as a result of the installation of the sanitary sewer laterals, storm sewer laterals or water services shall be constructed to the original details, including foundation and new compacted granular backfill, to the satisfaction of both the property owner and the Contract Administrator.

The Contractor shall review all existing retaining walls to determine the work necessary prior to submitting a Bid.

Basis of Payment

All costs associated with this Work shall be included in the Contract Price for sanitary sewer laterals, storm sewer laterals or water service installation. No separate payment shall be made.

Temporary Trench Restoration

Temporary restoration of trenches within roadways, driveways, sidewalks, and intersections shall be completed within 24 hours after backfilling of the trench with Granular ‘A’ according to TS 1010 or unshrinkable fill according to TS 13.10 – Construction Specification for

80 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Unshrinkable Fill with a 80 mm lift of Superpave 19.0, Traffic Category B, PG 58-28 asphalt mix to the top of the existing asphalt surface for maintenance of traffic.

Basis of Payment

All costs for temporary trench restoration shall be included in the Contract Price for linear underground infrastructure installation items. No separate payment shall be made.

Permanent Trench Restoration

Within the paved roadway, all trenches and excavations shall be restored according to TS 4.60 – Construction Specification for Utility Cut and Restoration and according to the existing roadway structure as indicated in the geotechnical report and the appropriate permanent trench restoration detail as specified in the Contract Documents. The trench restoration shall include a stepped joint for both composite and flexible pavements.

The permanent asphalt trench restoration thicknesses shall be the greater of the depths shown in the Contract Documents or match existing asphalt thickness.

The asphalt base course, concrete base, and edges of the existing pavement are to be tack coated with SS-1 emulsified asphalt. Cost of supplying and application of the tack coat shall be incidental.

The Contractor is advised that the City will not consider additional payment for the restoration of any over breaks that might occur at the edges of the trenches. This work shall be included in the Contract Price. No separate payment shall be made.

The Contractor shall permanently restore all roadways, concrete and granular road base, curbs, curb and gutters, driveways and sidewalks. For sidewalks, the restoration shall be from expansion joint to expansion joint (minimum three bays).

When restored with concrete and composite pavement, trench restoration shall include up to the top surface. The width of trench shall include the outer diameter of the pipe plus 300 mm on either side of the pipe.

Permanent restoration of roadway asphalt pavement on each street shall be completed within 14 Working Days after the completion of the underground infrastructure installation on that street unless otherwise approved by the Contract Administrator.

Basis of Payment

All costs for permanent restoration for underground linear infrastructure an associated works shall be considered incidental to the respective line items, including removal of existing temporary restoration. Where underground works overlap with road resurfacing works, payment for resurfacing will be made based on the areas that fall outside of the permanent trench restoration area required under TS 4.60 for utility cut reatoration.

81 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



9. Provisional Items – GN123SS

Supplementary Specification October 2016 Tender items for this Contract may be identified in the Tender Call as provisional items. The Contract Administrator may cancel provisional items at any time during the Contract.

The Contractor shall have no claim for loss of overhead or profit should the Contract Administrator decide to delete any or all provisional item(s).

10. Excavation Work – GN125SS

Supplementary Specification October 2016 It is strongly recommended that the Contractor follow the best practices with respect to any and all work requiring excavation as set out in the document titled, Ontario Regional Common Ground Alliance Best Practices 8.0 – June 2014 ("Best Practices") which is available at www.orcga.com/Publications/Best-Practices. In the event of a conflict or inconsistency between the "Best Practices" and any other specification, provision or requirement of the Contract, the Contractor shall comply with the specification, provision or requirement of the Contract.

11. Payment of Bonds – GN130SS

Supplementary Specification July 2018 Payment for bonding, to include both Performance and Labour and Material Payment Bonds, shall be full compensation to cover all of the Work including all labour, Equipment and Material as well as any Change in the Work approved by the City and paid for from the contingency allowance.

The City will pay the price bid by the Contractor for bonding, Performance and Labour and Material Payment Bonds, on the pricing form by adding a charge of up to 1.25% of the total contract price to each progress payment until the entire cost of bonding as bid is paid.

12. Payment for Insurance – GN131SS

Supplementary Specification July 2018 Payment for insurance shall be full compensation to cover all of the Work including all labour, Equipment and Material as well as any Change in the Work approved by the City and paid for from the contingency allowance.

Payment for insurance will be prorated based on the same percentage of value of Work performed for the billable period.

13. Payment for Mobilization and Demobilization – GN132SS

Supplementary Specification July 2018

82 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www.orcga.com/Publications/Best-Practices



The tender item "Mobilization and Demobilization" is to encompass all costs associated with mobilization and demobilization activities required by the Contract at the time of award.

Basis of Payment

Payment for tender item Costs for Mobilization and Demobilization will be made as follows:

a) For Work that occurs within a single site, 60 per cent of the costs will be paid upon completion of mobilization provided progress of the Work can be sustained. The remaining 40 per cent of the costs will be paid upon the completion of the demobilization.

b) For Work that occurs on multiple sites, that is streets that are geographically separated by space and where a tender item is identified for each site, 60 per cent of the costs will be paid upon completion of mobilization for the respective site provided the Work starts within 4 days thereafter and is continuous through to completion.

c) For Work that occurs on multiple sites, that is streets that are geographically separated by space and where a single tender item is identified for the contract, the costs will be prorated based on the total bid price for each site relative to the total contract price and upon completion of mobilization for the respective site, 60 per cent of the cost will be paid provided the Work starts within 4 days thereafter and is continuous through to completion. The remaining 40 per cent of the costs will be paid upon the completion of the demobilization of the respective site.

14. Dust and Mud Control – GN105SS

Supplementary Specfication October 2016 The Contractor shall be responsible for taking all necessary measures required to keep the job site clean from dust and mud from construction operations and under no circumstances shall it cause inconvenience to adjacent properties and the general public. Should the Contractor fail to comply with this requirement, the Contract Administrator may, 12 hours after having given notice in writing to the Contractor, arrange for the necessary work to be undertaken. The costs of such Work shall be completed at the Contractor’s expense and at no extra cost to the City.

Where conditions are such that mud is tracked onto existing pavement or sidewalk or onto adjacent streets, the Contractor shall clean all fouled pavement and sidewalk at least daily to the satisfaction of the Contract Administrator.

Basis of Payment


83 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



15. Saw Cutting – GN106SS

Supplementary Specification October 2016 Basis of Payment

All saw cutting required to complete the work as specified in the Contract Documents shall be considered incidental to all related items of Work. No separate payment shall be made.

16. Piling and Shoring – GN117SS

Supplementary Specification April 2017 This Supplementary Specification describes the maximum allowable vibration level requirements for construction work near bridges, trunk and local sewers, and transmission and distribution watermains, heritage or structurally sensitive buildings, hereby defined as structures.

Piles shall be installed at a minimum horizontal distance of one metre clear of existing structures. The Contractor is required to demonstrate that the method of installation will not pose a concern or risk of damage to the existing structures.

For piling operations near structures that are in soil other than loose sand and silt, or sensitive clays that may have the tendency to experience liquefaction or reduced bearing capacity or shear strengths when disturbed, the maximum allowable vibration levels (ambient vibrations plus vibrations caused by piling) at the structure, expressed as a peak particle velocity (PPV) shall be:

If structure type is... Then maximum allowable vibration levels is

Old¹ sewer / watermain 10 mm /s

Modern sewer / watermain 25 mm /s

Old¹ bridge—old construction methods or materials

10 mm /s

Modern bridge—steel or reinforced concrete

25 mm /s

Heritage building or structurally sensitive buildings

10 mm /s

¹ Old, as defined here, is related to both the age and condition of the structures. Old pipes and bridges are the structures that were constructed with old methods and materials, such as lined tunnel, brick, and clay, cast iron for pipes; and brick and wood for bridges. The old structures also refer to the structures that have high failure rates due to accelerated ageing process.

84 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



All piling activities shall cease when the ambient vibrations at the structure are above the maximum allowable vibration levels. The method of construction shall be revised accordingly such that the vibration levels do not exceed the maximum allowable limits.

For soils that are prone to settlement, the Contractor shall evaluate the geotechnical conditions of the site, analyse the effect of vibrations on the soil surrounding the structure, and determine the soil-specific maximum allowable vibration levels at no extra cost to the City. The Contractor shall summarize their findings in a report and submit it to the Contract Administrator for review and approval before the Contractor proceeds further in construction. The soil-specific maximum allowable vibration levels determined by the Contractor shall prevent settlement around the driven pile or below the structure.

The Contractor shall monitor vibrations at the structure using a pre-set vibrograph alarm supplied by the proponent during piling. A compliance report, with the vibration data attached to it, shall be submitted every 7 Days to the Inspector. If the maximum allowable vibration levels are exceeded during construction, the piling operations shall be suspended and alternative construction procedures shall be engaged at no extra cost to the City.

The Contractor shall hire a noise and vibration consultant to conduct pre-construction and post construction condition surveys of the nearby structures when the Contract Administrator deems it necessary. The Contractor shall provide reports to the Contract Administrator within 15 Working Days of completion of surveys.

Pre-construction condition surveys shall consist of the following activities:

record the results of the surveys in written format with supporting documentation;

record the time and date of survey, location of the structure and the name and title of the surveyor;

provide high-quality coloured photographs for proof of evidence purposes in the survey report;

supplement high quality coloured photographs with video records of the condition of the structure;

identify, describe and take coloured photographs of all differential settlements, visible cracks and other apparent visible structural or cosmetic damages and defects and evaluate the potential hazards of the damages and defects; and

avoid subjective descriptions as much as possible and record damages, cracks, settlements and defects quantitatively by measuring actual dimensions.

Depending on the age, material type and state of repair of the existing buried municipal infrastructure, CCTV inspection according to TS 409 may be required by the Contractor at the discretion of the Contract Administrator for watermains, sewers and related appurtenances.

85 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Pre-construction conditions survey shall always be followed by the post construction condition survey. In the post-construction condition surveys, the data and information collected from the pre-construction condition survey shall be used for comparison with the post construction conditions survey data, and all new damages, cracks and defects caused by the construction activity shall be identified, recorded and photographed.

The use of tie-back anchors for shoring works shall be designed to provide a minimum clearance of one metre at the point of crossing of the trunk watermain or sewer in stable ground conditions, and under no circumstance, shall the end of the tie-back terminate closer than one metre from the outside face of the trunk watermain/sewer or encasement. The one metre clearance shall account for the extent of the primary grout bulb at the bond (fixed) length of the tie-back. When required, soils information and calculations shall be submitted to confirm the stability of the installation.

17. Crossing of Transmission Watermain – GN118SS

Supplementary Specification October 2016 The standard operating procedure for crossing under any cast iron transmission watermain is as follows:

Contractor shall submit the proposed schedule of crossing to the Contract Administrator for review and contact Toronto Water, Water Treatment and Supply at 416-397-0187 or send an e-mail message to [email protected] 14 Days in advance of the proposed start of construction so that the required watermain can be de-pressurized systematically in conjunction with the installation of the proposed works. The Contractor shall make arrangements and co-ordinate for valve operation by Toronto Water required for the work. Costs could be incurred at the Contractor's expense for operating the valves to isolate the watermain and subsequent flushing of the main. The timing of the work shall be during the low water demand period between October 1 and March 31.

At the point of crossing a cast iron watermain, the Contractor shall expose the top of the watermain by hand digging the final one metre of the overburden. The depth of the trench shall temporarily terminate at the top of the main. The top of the watermain shall be exposed and cleaned for inspection.

City inspector shall inspect the exposed portion of the watermain to confirm if there is a joint within the width of the trench and 300 mm beyond the trench walls.

Contract Administrator can stop work at any time if there is a concern for watermain integrity.

If a joint exists and is in sound condition, the Contractor shall widen the trench, excavate and provide the necessary shoring to permit the installation of a restraining system or any other joint replacement by the City.

86 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Any existing damage or leaks to the watermain discovered by the Contractor and confirmed not to have been caused by the Contractor, shall be repaired by the City. Any leaks or damage caused by the Contractor shall be repaired by the City at the Contractor’s cost. The Contractor shall widen the trench, excavate and provide the necessary shoring to permit the replacement by the City. The minimum time required to do this work is 14 Days.

The Contractor shall not proceed with further excavation underside of the watermain until the City has completed the work as outlined above, and the temporary support is in place.

Once the proposed structure is installed, the Contractor shall backfill the trench from the base to the top of the watermain with Unshrinkable fill according to TS 13.10. The Contractor shall not cut or remove the steel cables temporarily supporting the watermain until the Unshrinkable fill has set. Reference should be made on the Contract Drawings indicating the method of supporting the watermain.

The Contractor shall backfill above the top of the watermain with unshrinkable fill. Backfilling should only be completed after the City has re-pressurized the watermain and confirmed that there is no leakage.

All shoring adjacent to the transmission watermain at the crossing shall be left in place.

18. Tree Protection – GN128SS

Supplementary Specification September 2018 Tree Protection Plan

A Tree Protection Plan shall be submitted and approved prior to construction that will describe how the Contractor shall protect trees from damage. An arborist may need to be consulted to develop the Tree Protection Plan. It should be noted that in some situations where Work will be undertaken within a Tree Protection Zone, erecting tree protection fencing may not be feasible. Maximum depth of excavation and other methods to minimize the impact to the tree roots shall be addressed in the Tree Protection Plan. For more information on the Tree Protection Policy and Specifications for Construction near Trees (July 2016) go to www.toronto.ca/data/parks/pdf/trees/tree-protection-specs.pdf .

No work shall commence within the dripline of any tree until a Tree Protection Plan has been reviewed and approved by the Contract Administrator.

Basis of Payment

All costs associated with developing and implementing a Tree Protection Plan is considered incidental to all Work. No separate payment shall be made.

87 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www.toronto.ca/data/parks/pdf/trees/tree-protection-specs.pdf



Tree Protection

In some situations where work will be undertaken within a Tree Protection Zone or large areas with little work is required in the vicinity of trees, adhering to the Tree Protection Policy and Specifications for Construction Near Trees may not be feasible. In these situations the following tree protection guidelines shall be followed:

The Contractor shall conduct operations in such a manner as to not cause damage to trees, above or below grade.

If required, any pruning of roots or crown must be done using best arboricultural practices.

All arboricultural work, including pruning of roots or limbs greater that 5 cm in diameter, shall be completed by an arborist who has one of the following qualifications: qualified by the Ontario Training and Adjustment Board Apprenticeship and Client Services Branch, is a certified arborist qualified by the International Society of Arboriculture, is a consulting arborist registered with the American Society of Consulting Arborists, is a registered professional forester or a person with other similar qualifications as approved by the General Manager, Parks, Forestry & Recreation.

Roots requiring pruning by an arborist must first be exposed using pneumatic (air) excavation, by hand digging or by using a low pressure hydraulic (water) excavation. The water pressure for hydraulic excavation must be low enough that root bark is not damaged or removed. This will allow a proper pruning cut and minimize tearing of the roots.

5. No storage of equipment, materials, excavated soil, construction waste or debris is permitted within the Tree Protection Zone.

No compaction of soil is permitted within the Tree Protection Zone. If equipment is required to travel within the Tree Protection Zone, horizontal hoarding must be utilized to prevent soil compaction.

Roots that have been exposed and pruned by an arborist must be watered daily until backfilled.

All roots and branches pruned by an arborist shall be removed from public view immediately and must be removed from the project site by the end of each work day.

Permits will be required for privately-owned trees, protected under the Toronto Municipal Code, Chapter 813, Trees, Article III, Private Tree Protection and Chapter 658, Ravine and Natural Feature Protection bylaws, where work is proposed within the Tree Protection Zone of the private trees in question.

In the event a tree is damaged in any way, including mechanical injury to the main stem, tearing of limbs or roots with a diameter of 5 cm or greater, the damage must be reported to the Contract Administrator immediately. All work in the area must cease until the Contractor has the damage assessed by an arborist and any remedial work recommended by the

88 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



arborist is completed. The arborist shall submit a report of the incident and actions taken to the Contract Administrator.

If proper tree protection practices are not in place and tree damage has occurred as a result of the Contractor's negligence, Urban Forestry staff may issue stop work orders. Orders to comply may include the need to erect hording around trees in accordance to the Tree Protection Policy and Specifications for Construction Near Trees and require the submission of contravention inspection fees.

Basis of Payment

All costs associated with this work, including the cost of an approved arborist, is considered incidental to all Work. No separate payment shall be made.

19. Locating Existing Water Services – All Sizes – WM205SS

Supplementary Specification October 2016 Toronto Water division does not stake out existing water services. The Contractor or their Subcontractor shall equip themselves with the appropriate Equipment and methods to locate all existing water services within the contract limits even if they may not be shown on the Contract Drawings. The location of existing water services cannot necessarily be determined by the location of existing curb stops. Also, some abandoned water services may be connected to the existing watermain but are still active.

Repairs to existing water services and watermains due to the Contractor’s failure to locate the existing water services shall be at no extra cost to the City.

Basis of Payment

All costs associated with this Work shall be included in the Contract Price for watermain and water service installation. No separate payment shall be made.

20. Private Side Water Service Replacement – WM208SS

Supplementary Specification October 2016 During the course of the water service replacement work under this Contract, the Contractor may be approached by individual property owners asking about private water service replacement outside of the road allowance. The City Construction Notice delivered to individual property owners states that they may contact the Contractor to request a quote for the replacement of the private water service. The City does not require the Contractor to undertake any private water service replacement and under no circumstances shall the City be involved in negotiating, approving or administrating any pricing with regard to private side water service replacement.

No extension of Contract Time shall be permitted nor shall any delay claim be considered by the City if the Contactor elects to undertake this additional work.

89 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



All work carried out by the Contractor on a private basis is strictly between the Contractor and the private property owner.

21. Operating Valves – WM209SS

Supplementary Specification September 2018 No valve, hydrant, curb stops or other control on the existing water distribution system shall be operated, for any purpose, by the Contractor. When required, the Contractor shall provide 3 Working Days advanced notice to the Contract Administrator to make the necessary arrangements for the operation of existing valves and appurtenances.

22. Water Supply Interruptions – WM211SS

Supplementary Specification October 2016 There may be large residential, industrial, commercial or institutional properties within the construction limits, and any interruption in water, building drains or utility interruptions would cause major inconvenience to the operations of these facilities.

Watermain and water service connections shall be scheduled in such a sequence as to minimize water supply disruption to the affected properties. The Contractor shall be required to provide a work plan and schedule for all watermain and water service connections that require water shut-offs, paying particular attention to the scheduling for any large apartment buildings and commercial establishments.

For all watermain and water service connections, the Contractor shall provide at least 48 hours advance notice of any building service interruptions and schedule such operations at a time, either during normal working hours, off normal working hours, night work on weekdays or on weekends that least inconveniences the building operations as some businesses may require water during day time hours.

The Contractor shall initiate meetings and coordinate with the affected property owners for setting up work plans and schedules including the preparation and the delivery of the required construction notice to the affected parties prior to the commencement of work.

Basis of Payment


23. Flush, Clean and CCTV Inspection of Sewers – SW302SS

Supplementary Specification September 2018 Prior to the start of construction, the Contractor shall power-flush or hand and machine-clean or both the existing sewers, maintenance holes, catch basins and catch basin leads. The Contractor shall deploy proper flushing and cleaning methods required to remove all debris including scoops, buckets, shovels, vac-all equipment and sewer flushing equipment. The

90 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



material shall be removed from the sewer system and cannot be flushed further down the sewer. The material removed shall be dried and mixed in equal parts with sand. The resulting material is then to be disposed of as a non-hazardous, non-registerable solid industrial waste by the Contractor.

Immediately following the flushing and cleaning, the Contractor shall assure the Contract Administrator that the existing sewers, maintenance holes, catch basins and catch basin leads are clean. The Contractor shall videotape the existing sewers, maintenance holes and catch basin leads according to TS 409 and supply the CCTV report along with a video on digital video disc (DVD) to the City for joint review between the Contract Administrator and the Contractor.

Payment for additional flushing shall only apply for pre-construction activities. Pre-approval is required prior to executing the work. The payment will be made only if properly supported by inspector's report and sub-contractor's invoice(s) for sewer flushing and videotaping.

Post-construction flushing, cleaning and videotaping of existing and new sewers, maintenance holes and catch basin leads must also be undertaken immediately following surface course asphalt paving, topsoil and sodding to confirm that no debris entered the sewer systems as a result of construction. The DVDs shall be submitted to the Contract Administrator for review within two Days of videotaping. Any damage caused to the sewers or structures by the Contractor because of their operations shall be repaired at no extra cost to the City.

If maintenance holes and catch basins are found to be filled with excess material following construction, the Contractor shall clean these out at no extra cost to the City.

Measurement for Payment

Measurement for CCTV inspection including flushing and cleaning shall be by length in linear metres.

Basis of Payment

Payment at the Contract Price shall be full compensation for all labour, Equipment and Material to do the Work and shall include up to four attempts at flushing, cleaning and videoing each leg of sewer, as required. If flushing and cleaning is unsuccessful after four attempts, the Contractor shall, in consultation with the Contract Administrator, be compensated for all labour, Equipment and Material required to complete up to four additional rounds of flushing and cleaning. Payment will be made only if properly supported by inspector’s report and the Subcontractor’s invoice(s) for sewer flushing and videotaping.

24. Clean Out Existing Catch Basins – SW303SS

Supplementary Specification September 2018 Prior to commencement of construction, all existing catch basins within the contract limits shall be inspected by the Contractor and the Contract Administrator and where necessary

91 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



cleaned of all debris to facilitate the inspection of the existing catch basins to determine the need for any repairs or replacement by the Contractor.

The Contractor shall inspect and provide a list of catch basins requiring repairs or replacement to the Contract Administrator in a timely manner, so that the material can be made available without causing delays to the Contract. The City shall not be responsible for any delay or additional costs incurred if a catch basin is not cleaned out prior to the Work and is found to need repairs or replacement in the future.

The Contractor is advised that all debris in the catch basins shall be removed, including any material from usual storm water run-off or previous construction activities. The material removed shall be dried and mixed in equal parts with sand. The resulting material is then disposed as a non-hazardous, non-registrable solid industrial waste by the Contractor.

If it is determined that a pup catch basin does not require cleaning, no payment shall be made.

Upon completion of final restoration, the Contractor shall re-inspect all existing catch basins in the presence of the Contract Administrator. Any existing catch basin which requires cleaning, at the sole discretion of the Contract Administrator, shall be cleared of all debris at no extra cost to the City.

Meaurement for Payment

For measurement purposes, a count shall be made of the number of catch basins cleaned prior to the commencement of construction. Payment shall be paid at the completion of the post construction inspection.

Basis of Payment

Payment at the Contract Price shall be full compensation for all labour, Equipment and Material to do the Work.

25. Private Side Sewer Service Replacement – SW304SS

Supplementary Specification October 2016 During the course of the replacement work for the sanitary sewer or storm sewer or both under this Contract, the Contractor may be approached by individual property owners asking about private sewer service replacement outside of the road allowance. Under no circumstances shall the City be involved in negotiating, approving or administrating any pricing with regard to private side sewer service replacement.

No extension of Contract Time will be permitted, nor any delay claim will be considered by the City if the Contactor elects to undertake this additional work.

All work carried out by the Contractor on a private basis is strictly between the Contractor and the private property owner.

92 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



26. Cleanouts – SW306SS

Supplementary Specification October 2016 Sanitary and storm service cleanouts shall be provided at street line for each sanitary and storm service connection. Cleanouts should be installed according to T-708.01-5 and T-708.01-6.

Basis of Payment

The cost to supply and install the cast iron cleanout covers shall be included in the Contract Price for the sewer service connection. No separate payment shall be made.

27. Gutter Adjustment – RD407SS

Supplementary Specification September 2018 Where the Contractor is removing curb or curb and gutter adjacent to existing pavement which will not be removed as part of another operation, the Contractor shall saw cut full depth of 200 to 300 mm from the proposed face of curb or front of gutter and remove and dispose of the existing pavement to accommodate the reconstruction of the curb or curb and gutter. If the Contractor removes concrete pavement or base beyond the 300 mm limitation, the Contractor shall supply and install anchored hook dowels at 300 mm spacing to stabilize the gutter adjustment and at no extra cost to the City.

After the curb or curb and gutter is reconstructed, the Contractor shall supply and place the necessary granular and pavement materials to reinstate the roadway to its original composition. Where the curb or gutter is adjacent to composite or concrete pavement, the Contractor shall install a keyway in the concrete curb or gutter.

Temporary restoration of the gutter area to facilitate the maintenance of traffic during construction shall be considered incidental to the appropriate items. No separate payment shall be made.

Measurement of Payment

Measurement of the new gutter adjustment shall be by length in metres along the face of the curb.

Basis of Payment


93 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



28. Street Furniture – RD409SS

Supplementary Specification April 2017 For the temporary removal of non-electric powered street furniture elements such as benches, waste receptacles, newspaper corrals, publication structures, postering structures, non-ad info pillars and bicycle locking rings, the Contractor shall make a request 3-4 weeks in advance and in writing to the Contract Administrator stating the location and appurtenances to be removed. Verbal requests shall not be considered.

For the temporary removal of electric powered street furniture elements such as bus shelters and ad info pillars, the Contractor shall make a request 6 weeks in advance and in writing to the Contract Administrator stating the location and appurtenances to be removed. Verbal requests shall not be considered.

The Contract Administrator shall send removal requests to [email protected].

Street furniture such as pay-and-display machines, OMG bins, mailboxes, newspaper boxes and bus shelters shall be removed by other forces. The Contractor shall not perform this task.


All costs associated with this Work shall be considered incidental to all related items of Work. No separate payment shall be made. Work requested by the City or Contract Administrator of this nature not associated or related to work covered under other pay items shall be paid for out of the unit rate provided in the Contract in this case measurement of existing furniture shall be by each. The Owner or Contract Administrator have sole responsibility to determine whether or not the work is associated or related to other work covered under the contract and if payment at the unit rate in the contract shall apply.

Basis for Payment

Payment at the Contract Price shall be full compensation for all labour, Equipment and Material to do the Work and shall include the cost to install and remove any temporary works, including temporary concrete pad and bus shelter.

29. Remove, Salvage and Reinstall Existing Bollards – RD410SS

Supplementary Specification October 2016 The Contractor is to remove, salvage, store and reinstall existing bollards including the removal and disposal off site of existing footings and backfilling of existing holes with unshrinkable fill at locations as specified in the Contract Documents. The Contractor must exercise care when removing the existing bollards so as not to cause any damages, and store the bollards temporarily at a secure location. Any damaged or stolen bollards shall be

94 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




replaced with identical bollards including repainting as required by the Contractor at no extra cost to the City.

The concrete footing for salvaged bollards is to extend a minimum of 1.2 m below grade and shall have the same diameter as the existing footing or 200 mm diameter minimum.


All costs associated with this Work shall be considered incidental to all related items of Work. No separate payment shall be made. Work requested by the City or Contract Administrator of this nature not associated or related to work covered under other pay items shall be paid for out of the unit rate provided in the provisional item, in this case measurement of existing bollards shall be by each. The Owner or Contract Administrator have sole responsibility to determine whether or not the work is associated or related to other work covered under the contract and if payment at the unit rate in the contract shall apply.

Basis for Payment


30. Remove Salvage and Replace Pavers – RD411SS

Supplementary Specification September 2018 The Contractor is to remove, salvage, store and replace interlocking stone, unit pavers, precast slabs, granite setts and flagstone including removal and disposal off site. The Contractor must exercise care when removing the stones, unit pavers, precast slabs, granite sets and flagstone so as not to cause any damages, and store the bricks, unit pavers, precast slabs, granite sets and flagstone temporarily at a secure location. Any damaged or stolen interlocking stones, unit pavers, precast slabs, granite setts and flagstone shall be replaced with identical items by the Contractor at no extra cost to the City. Restoration of any concrete or granular base including bedding and joint sand shall be at no extra cost the City.

Excess interlocking stones, unit pavers, precast slabs, granite sets, and flagstone shall be offered to the property owner. If refused by the property owner, the Contractor shall dispose of excess interlocking stones, unit pavers, precast slabs, granite setts and flagstone off site.

Bedding and joint sand shall be according to TS 3.80 – Construction Specification for Concrete Unit Pavers.


All costs associated with this Work shall be considered incidental to all related items of Work. No separate payment shall be made. Work requested by the City or Contract Administrator of this nature not associated or related to work covered under other pay items shall be paid for out of the unit rate provided in the provisional item, in this case

95 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



measurement of pavers shall be of the surface area in square meters(m²). No addition shall be made for utility poles or utility frames and covers. The City or Contract Administrator have sole responsibility to determine whether or not the work is associated or related to other work covered under the contract and if payment at the unit rate in the contract shall apply.

Basis of Payment


31. Remove and Dispose of Pavers – RD412SS

Supplementary Specification September 2017 Interlocking stone, unit pavers, precast slabs, granite setts and flagstone within the existing boulevard identified by the Contract Administrator, as not being reinstalled shall first be offered to the property owner. If directed by the Contract Administrator that the property owner will accept salvaged material, the Contractor is to remove and salvage interlocking stone, unit pavers, precast slabs, granite sets and flagstone including removal and disposal of any concrete base off site. The Contractor must exercise care when removing the interlocking stones, unit pavers, precast slabs, granite setts, flagstone so as not to cause any damages. Any damaged or stolen interlocking stones, unit pavers, precast slabs, granite sets and flagstone shall be replaced with identical items by the Contractor at no extra cost to the City. If refused by the property owner, the Contractor shall dispose of interlocking stones, unit pavers, precast slabs, granite sets and flagstone off-site.


All costs associated with this Work shall be considered incidental to all related items of Work. No separate payment shall be made. Work requested by the City or Contract Administrator of this nature not associated or related to work covered under other pay items shall be paid for out of the unit rate provided in the provisional item, in this case measurement of pavers shall be of the area in square meters(m²). No addition shall be made for utility poles or utility frames and covers. The City or Contract Administrator have sole responsibility to determine whether or not the work is associated or related to other work covered under the contract and if payment at the unit rate in the contract shall apply.

Basis of Payment


32. Bicycle Locking Rings – RD413SS

Supplementary Specification September 2017 Remove, Salvage and Reinstall Post and Ring Bicycle Stand

96 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The Contractor shall remove, salvage, store and reinstall the existing post and ring bicycle stands including the removal and disposal off site of the existing footings and backfilling of the existing holes with unshrinkable fill. The Contractor shall exercise care when removing the post and ring bicycle stand so as not to cause any damages and store the post and ring bicycle stand temporarily at a secure location. Any posts sheared off at sidewalk level, shall not be reused.

Any damaged or stolen post and ring bicycle stand shall be replaced with identical items by the Contractor at no extra cost to the City.

The Contractor shall obtain and install the new post and ring bicycle stand if the removed post and ring bicycle stand is not sufficient for reinstallation. The City has an approved vendor for the supply of the bicycle ring only and hardware—which includes bolts/washers/nuts and delivery. The purchase order does not include the procurement of the post and cap, assembly or installation of the unit.

For post and ring bicycle stand drawing F-7-1, see the Toronto Urban Design Streetscape Manual or go to www.toronto.ca/planning/urbdesign/streetscape.

Existing Concrete Base – Posts

The concrete footing for new or salvaged posts shall extend into the existing concrete base a minimum of 152.4 mm below grade and shall have the same diameter as the existing footing or 101.6 mm diameter minimum. The post must extend 152.4 mm into the concrete footing.

Independent Concrete Base – Posts

The concrete footing for new or salvaged posts shall extend a minimum of 305 mm below grade and shall have the same diameter as the existing footing or 203.5 mm diameter minimum. The post must extend 279.4 mm into the concrete footing.

Height Requirement

In all concrete footing scenarios, the post shall be installed at a height above ground of 940.0 mm, measured from the finished surface grade to the top of the terminal cap. The rings should be positioned 190.5 mm from the top of the pipe, measured from the top of the terminal cap to the centre of the upper carriage bolt.

Installing New Post and Ring Bicycle Stands

The Contractor shall install new post and ring bicycle stands according to F-7-1, see the Toronto Urban Design Streetscape Manual or go to www.toronto.ca/planning/urbdesign/streetscape.

The City has an approved vendor for the supply of the bicycle ring only and hardware—which includes bolts/washers/nuts and delivery. The purchase order does not include the procurement of the post and cap, assembly or installation of the unit.

97 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www.toronto.ca/planning/urbdesign/streetscape

http://www.toronto.ca/planning/urbdesign/streetscape




All costs associated with this Work shall be considered incidental to all related items of Work. No separate payment shall be made. Work requested by the City or Contract Administrator of this nature not associated or related to work covered under other pay items shall be paid for out of the unit rate provided in the provisional item, in this case for measurement purposes, a count shall be made of the number of post and ring bicycle stands installed. The City or Contract Administrator have sole responsibility to determine whether or not the work is associated or related to other work covered under the contract and if payment at the unit rate in the contract shall apply.

Basis of Payment


33. Cold Weather Work – RD414SS

Supplementary Specification October 2016 Based on the schedule for the Work of this Contract, the Contractor is instructed that cold weather precautions may be required according to OPSS.MUNI 904 – Construction Specification for Concrete Structures.

Basis of Payment

All costs associated with this work shall be considered incidental to all related items of Work. No separate payment shall be made.

34. Reduction of Volatile Organic Compound (VOC) Emissions – RD423SS

Supplementary Specification September 2017 Environment and Climate Change Canada released a Code of Practice for the Reduction of Volatile Organic Compound (VOC) Emissions from Cutback and Emulsified Asphalt in February 2017. The objective is to reduce VOC emissions and generating environmental and health benefits from reducing the intensity and frequency of smog events.

The code of practice details recommended practices regarding the use to cutback and emulsified asphalt during the ozone season, record keeping and reporting. TS 3.20 – Construction Specification for Tack Coat is modified to reflect these new code practices.

For more detailed information and to download a copy go to: http://www.ec.gc.ca/cov-voc/default.asp?lang=En&n=05CE2B41-1.

35. Construction Specification for Pavement Marking – RD419SS

Supplementary Specification September 2018

98 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www.ec.gc.ca/cov-voc/default.asp?lang=En&n=05CE2B41-1

http://www.ec.gc.ca/cov-voc/default.asp?lang=En&n=05CE2B41-1



Amendment to OPSS 710, November 2010

OPSS 710.01 CONSTRUCTION

OPSS 710.07.01 General

Subsection 710.07.01 of OPSS 710 is amended by the deleting the fourth paragraph in its entirety and replacing it with the following:

Where the pavement marking scheme is not shown in the Contract Drawings, the Contractor shall supply and place all pavement markings to the same size and location as the existing pavement markings. The Contractor shall be responsible to make appropriate sketches prior to construction so that the existing pavement markings can be fully reinstated.

Pavement marking shall be completed prior to opening roadway to traffic within 24 hours after paving operation finished.

OPSS 710.07.02 Surface Preparation

Subsection 710.07.02 of OPSS 710 is amended by the addition of the following paragraph:

The Contractor shall provide a mechanical sweeper to clean the road surface prior to the application of pavement markings. Pavement marking shall only be performed by an experienced and qualified Subcontractor. The work shall also include all required layout in conformance with the Manual of Uniform Traffic Control Devices for Ontario.

OPSS 710.07.03 Pavement Marking Obliterating

Subsection 710.07.03 of OPSS 710 is amended by the deleting the entire paragraph and replacing it with the following:

Pavement marking shall be obliterated or removed using an approved water blasting method only.

OPSS 710.07.05 Temporary Pavement Marking

Subsection 710.07.05 of OPSS 710 is amended by the addition of the following paragraph:

Temporary markings shall include the removal of the markings to facilitate traffic control. Temporary markings that are to be covered with an asphalt layer do not require removal. Temporary markings shall be restored within 72 hours of detecting any failure of pieces to remain according to specifications.

OPSS 710.07.06 Short Term Pavement Marking

Subsection 710.07.06 of OPSS 710 is deleted in its entirety and replaced with the following:

99 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Short term pavement marking is required when an existing paved roadway, which is not to be reconstructed or resurfaced, requires pavement markings in different alignments and/or colours than the existing pavement marking.

As part of the work of pavement marking, the Contractor shall apply short term pavement markings for all affected markings, including centreline, lane lines, crosswalks and stop bars.

Short term pavement markings shall be applied according to MUTCD and as amended by Table 1 for Type C markings. The length of time before permanent markings are placed does not apply to this specification. The pavement markings shall stay in place as required. The Contractor shall inspect all short-term pavement marking at the beginning and end of each week. The Contractor shall replace any failed pieces immediately.

Short term pavement markings shall not conflict with existing pavement markings. If required, the Contractor shall remove and replace the existing pavement markings as required.

Short term pavement markings placed on existing or on the final surface course shall be of the removable type.

OPSS 710.07.08 Selection of Materials

Subsection 710.07.08 of OPSS 710 is deleted in its entirety and replaced with the following:

All permanent pavement markings shall be field reacted polymeric pavement marking material according to OPSS 1714.

All temporary pavement markings shall be organic solvent-based traffic paint according to OPSS 1712.

All short-term pavement markings shall be temporary preformed plastic pavement marking tape according to OPSS 1715.

OPSS 710.07.09.02 Organic Solvent Based Traffic Paint

Clause 710.07.09.02 of OPSS 710 is amended by the addition of the following paragraphs:

A “centre liner” shall be used for the application of all temporary pavement markings to demarcate centre and through lanes. Hand paint machines may be used for all transverse pavement markings and symbols.

All temporary pavement markings, required for less than a three-month duration, shall require only a single application. Temporary pavement markings required for longer periods shall require two separate applications.

OPSS 710.07.09.05 Field Reacted Polymeric Pavement Marking Materials

100 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Clause 710.07.09.05 of OPSS 710 is amended by the addition of the following paragraph to the end of the first paragraph:

Markings shall not be applied to any joints between the asphalt and any appurtenance. Markings shall not be applied to the surface of any utility frame and covers.

Clause 710.07.09.05 of OPSS 710 is amended by the addition of the following paragraph to the end of the last paragraph:

The Contractor shall follow the manufacturer’s guidelines for application on non-bituminous surfaces, that is to say concrete surface. Concrete surfaces require a primer/sealer to ensure adequate bonding of the permanent pavement marking.

OPSS 710.10 BASIS FOR PAYMENT

OPSS 710.10.01 Pavement Marking - Item

Pavement Marking Symbols - Item

Pavement Marking, Durable - Item

Pavement Marking Symbols, Durable - Item

Pavement Marking Temporary - Item

Pavement Marking Symbols, Temporary - Item

Pavement Marking Temporary Removable - Item

Pavement Marking Symbols, Temporary - Removeable - Item

Raised Pavement Markers, Temporary - Item

Pavement Marking Obliterating - Item

Subsection 710.10.01 of OPSS 710 is amended by the addition of the following paragraphs:

All costs associated with temporary pavement marking and short-term pavement marking shall include the permanent removal of the markings and any and all interim removals and replacements due to the failure of pieces to remain in according to specifications. Payment shall be considered incidental to the traffic control item. No separate payment shall be made.

Payment for permanent pavement marking, shall be considered as incidental to all related items of Work.

101 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



RD419SS – Table 1

102 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



36. Utility Adjustment – RD422SS

Supplementary Specification September 2018 Amendment to TS 4.50, September 2017

TS 4.50.02 REFERENCES

Ontario Provincial Standard Specifications

Subsection 4.50.02 of TS 4.50 is amended by the addition of the following:

OPSS.MUNI 510 Construction Specification for Removal

TS 4.50.07 CONSTRUCTION

TS 4.50.07.01 General

Subsection 4.50.07.01 of TS 4.50 is amended by the deleting the second paragraph in its entirety and replacing it with the following:

The adjustment of all appurtenances belonging to utility companies shall not be performed by the Contractor unless the Contractor obtains written consent from the utility company and only if the adjustments are performed by a Contractor or Subcontractor approved by the utility company. The Contract Administrator shall arrange for work orders and contact names and phone numbers for the respective utility companies. The Contractor shall be responsible for organizing and coordinating this work with the respective utility company. The Contractor shall assist by excavating to the edge of the appurtenances and indicating the required grade of the new road for adjustment.

TS 4.50.05.07.04 Concrete Collars

Subsection 4.50.07 of TS 4.50 is amended by the addition of following clause:

All valve frame and covers, within the roadway, whose width or diameter of the frame is less than 200 mm shall require the installation of a concrete collar to stabilize the adjustment. All collars shall be constructed of concrete meeting the specifications of TS 1350 for road base, except that 37.5 mm aggregate is not permitted. All collars shall be formed using 300 mm diameter sonutube. 10M stainless steel rebar bent into a hexagon shape, with sides 125 mm long shall be placed into the collar. Multiple pieces may be used with 112 mm overlap. The rebar shall be placed with a minimum of 50 mm cover, but no greater than 65 mm, from the top of the collar. All pieces of rebar shall be wired together prior to the concrete placement.

The finished surface shall be flush with the frame and cover and the surrounding asphalt surface. The frame and cover and concrete collar shall be fully protected during the Work, especially when milling and paving base course asphalt.

103 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



In flexible pavement, the concrete collar shall be a minimum 250 mm thick regardless of the depth of asphalt and placed on compacted granular material. In composite pavement, the collar shall be poured monolithic with the concrete base. If the composite pavement is not to be replaced, the Contractor shall remove a minimum 350 mm square section of concrete road based centred on the valve frame in order to facilitate the installation of the collar.

TS 4.50.08 QUALITY ASSURANCE

Section 4.50.08 of TS 4.50 is amended by the deleting the sixth paragraph in its entirety and replacing it with the following:

If the adjustment was rejected, after the placement of the final lift of asphalt, the Contractor shall make good the adjustment and restore the surface course asphalt according to TS 4.60 with respect to the required area of milling and replacement of asphalt, similar to a utility cut, at no extra cost to the City.

TS 4.50.09 MEASUREMENT FOR PAYMENT

TS 4.50.09.01 Utility Adjustment

Subsection 4.50.09.01 of TS 4.50 is amended by the addition of the following row to Table 2:

104 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Utility Rate

Small frames and covers whose width or diameter of the frame is

less than 500 mm within the roadway 0.5

TS 4.50.10 BASIS OF PAYMENT

TS 4.50.10.01 Utility Adjustment – Items

Subsection 4.50.10.01 of TS 4.50 is amended by addition of the following:

No additional payment shall be made for concrete collars required around small appurtenances.

TS 4.50.10.02 New Frame and Covers – Items

Subsection 4.50.10.02 of TS 4.50 is amended by the addition of the following:

All costs associated with the removal and disposal of the existing frame and cover and any adjustment units shall be considered incidental to all related items of Work. No separate payment shall be made.

37. Concrete Sidewalk – RD424SS

Supplementary Specification September 2018 Amendment to TS 3.70 September 2017

TS 3.70.09 MEASUREMENT FOR PAYMENT

TS 3.70.09.01 Concrete Sidewalk

Concrete Raised Median

Subsection 3.70.09.01 of TS 3.70 is amended by the addition of the following:

All costs associated with this Work shall be considered incidental to all related items of Work. No separate payment shall be made. Work requested by the City or Contract Administrator of this nature not associated or related to work covered under other pay items shall be paid for out of the unit rate provided in the provisional item, in this case measurement of concrete sidewalk and raised median placed shall be by surface area in square metres (m²), measured from the back of curb (typically 200 mm from face of curb) or face of structure. No deductions will be made for maintenance holes and other appurtenances.

The City or Contract Administrator have sole responsibility to determine whether or not the work is associated or related to other work covered under the contract and if payment at the unit rate in the contract shall apply.

105 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



TS 3.70.10 BASIS OF PAYMENT

TS 3.70.10.01 Concrete Sidewalk – Item

Subsection 3.70.10.01 is amended by deleting the first paragraph in its entirety and replacing with the following:

Payment at the Contract Price for the above requirement shall be full compensation for all labour, Equipment and Material to do the Work. Payment shall include all excavation, the supply, placing, levelling and compacting of the granular base, the supply, placing and removal of the formwork, the supply, placing, consolidating and finishing of the concrete and the curing and protection of the concrete sidewalk.

TS 3.70.10.02 Concrete Raised Median – Item

Subsection 3.70.10.02 is amended by deleting the first paragraph in its entirety and replacing with the following:

Payment at the Contract Price for the above requirement shall be full compensation for all labour, Equipment and Material to do the Work. Payment shall include all excavation, the supply, placing, levelling and compacting of the granular base, the supply, placing and removal of the formwork, the supply, placing, consolidating and finishing of the concrete and the curing and the protection of the concrete raised medium.

38. Amendments for Quality Verification Engineer – BR601SS

Supplementary Specification April 2018 The City of Toronto does not use or require the services of a Quality Verification Engineer (QVE) as noted in several of the Ontario Provincial Standard Specifications. Below are the amendments required to amend various Ontario Provincial Standard Specifications to remove the references to Quality Verification Engineer (QVE).

Amendment to OPSS.MUNI 539, November 2014

539.03 DEFINITIONS

Section 539.03 is amended by the deletion of the definitions for Certificate of Conformance and for Quality Verification Engineer.

Section 539.03 is amended by the addition of the following:

Certificate of Installation means a document issued by the design Engineer or design-checking Engineer confirming that the specified components of the Work are in general conformance with the requirements as specified in the Contract Documents.

539.04.02.05.01 Excavation Depths Less Than or Equal to Three Metres

106 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The first sentence of clause 539.04.02.05.01 is deleted in its entirety and replaced by the following:

The design Engineer or the design-checking Engineer shall witness interim inspections of the following work:

539.04.02.05.02 Excavation Depths Exceeding Three Metres

The first sentence of clause 539.04.02.05.02 is deleted in its entirety and replaced by the following:

The design Engineer or the design-checking Engineer shall witness interim inspections of the following work:

539.07.03.04 Certificates of Conformance

Clause 539.07.03.04 is deleted in its entirety and replaced by the following:

539.07.03.04 Certificate of Installation

539.07.03.04.01 Excavation Depths Less Than or Equal to Three Metres

For Contractor designed protection systems to facilitate excavation depths less than or equal to 3 m and provided that surcharge loading due to vehicular traffic, construction equipment and materials, or other is beyond a horizontal distance defined by a 1H:2V line projected from the dredge line at the face of the protection system to the roadway surface, a completed certificate of installation shall be submitted to the Contract Administrator upon completion of the operation of the protection system and removal of the protection system. The design Engineer or design-checking Engineer’s seal and signature shall be affixed on the completed certificate of installation confirming that the protection system was installed, monitored, and subsequently removed in general conformance with the Working Drawings and as specified in the Contract Documents.

Should traffic be within a horizontal distance defined by a 1H:2V line projected from the dredge line at the face of the protection system to the roadway surface, the certificate of installation requirements as specified in the Excavation Depths Exceeding Three Metres clause shall apply.

539.07.03.04.02 Excavation Depths Exceeding Three Metres

For protection systems to facilitate excavation depths that exceed 3 m or should traffic, construction equipment and materials, or other be within a horizontal distance defined by a 1H:1V line projected from the dredge line at the face of the protection system to the roadway surface, a completed certificate of installation shall be submitted to the Contract Administrator upon completion of the operation of the protection system and removal of the protection system. The design Engineer or design-checking Engineer’s seal and signature shall be affixed on the completed certificate of installation confirming that the materials have been supplied and installed in general conformance with the Working Drawings and that the

107 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



protection system was installed, monitored, and subsequently removed in general conformance with the Working Drawings and as specified in the Contract Documents.


611.03 DEFINITIONS



Engineer means a professional engineer licensed by the Professional Engineers Ontario to practice in the Province of Ontario.


611.07.10.02 Proof of Performance Testing and Inspection

The third paragraph of clause 611.07.10.02 is deleted in its entirety and replaced by the following:

A Certificate of Installation shall be submitted to the Contract Administrator upon completion of the work. The design Engineer or design-checking Engineer shall affix his or her seal and signature to the completed Certificate of Installation confirming that the following are in general conformance with the requirements of the Contract Documents:


760.03 DEFINITIONS




760.07.13.01 Interim Inspection of Footings and Posts


During construction of the noise barrier footings and posts and prior to the installation of the noise barrier panels from the fabrication facility, the design Engineer or design-checking Engineer shall conduct an inspection during the work to verify that the footings and posts

108 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



have been constructed in general conformance with the Contract Documents and issue the Contractor written permission to proceed with the work. A copy of the written permission to proceed shall be submitted to the Contract Administrator prior to commencement of the next operation.

760.07.13.02 Certificate of Conformance


760.07.13.02 Certificate of Installation

A completed Certificate of Installation shall be submitted to the Contract Administrator upon completion of the installation of the noise barrier system. The design Engineer or design-checking Engineer shall affix his or her seal and signature to the completed Certificate of Installation confirming that the installation has been carried out in general conformance with the Contract Documents and manufacturer’s specifications.


902.03 Definitions


902.04.02.02 Milestone Inspections

Clause 902.04.02.02 is deleted in its entirety and replaced with the following:

The Contract Administrator shall witness the following interim inspections of the work:

• Dewatering of excavation for structure.

• Completion of excavation for foundation.

Excavation for backfill and frost tapers.

Backfilling.

The next operation shall not proceed until the Contract Administrator has examined the excavation and given approval in writing to perform subsequent work.

902.07.08 Certificate of Conformance

Subsection 902.07.08 is deleted in its entirety.


906.03 Definitions

109 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit





Certificate of Fabrication and Installation means a document issued by the design Engineer confirming that the specified components of the Work are in general conformance with the requirements of the Contract Documents.

906.04.03 Interim Inspection after Fabrication of Components

Clause 906.04.03 is deleted in its entirety and replaced by the following:

Upon completion of fabrication of the components, and prior to erection, an Engineer shall conduct an interim inspection of the work to verify that the fabrication of components has been carried out in general conformance with the shop details, welding procedures, and Contract Documents and issue the fabricator written permission to proceed with the work.



906.07.08 Certificate of Fabrication and Installation

A certificate shall be submitted for all fabrication and installation work for which Working Drawings are submitted.

A completed certificate of fabrication and installation shall be submitted to the Contract Administrator upon completion of the structure erection. An Engineer’s seal and signature shall be affixed on the completed certificate of fabrication and installation confirming that the work has been carried out in general conformance with the shop details, welding procedures, erection diagrams, erection procedure drawings, and Contract Documents.

Amendment to OPSS.MUNI 908, November 2014

908.03 DEFINITIONS



Clause 908.07.06.01 is deleted in its entirety.

Amendment to OPSS.MUNI 909, April 2017


110 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit





909.04.02.05 Precast Report

Clause 909.04.02.05 i) is deleted in its entirety.



908.07.20 Certificate of Installation

Within 5 Business Days of erecting all the members within a stage, the Contractor shall submit to the Contract Administrator a Certificate of Installation sealed and signed by the design Engineer or design-checking Engineer. The Certificate shall identify the members and state that the Work has been carried out in general conformance with the signed and sealed documents, which include the Working Drawings, supporting documents, and Contract Documents.


919.03 Definitions



Certificate of Installation means a document issued by the design Engineer or design-checking Engineer confirming that the specified components of the Work are in general conformance with the requirements of the Contract Documents.

919.04.02.02.02 Interim Inspection after Construction of Falsework

Clause 919.04.02.02.02 is deleted in its entirety and replaced by the following:

Upon completion of the falsework foundation and prior to installation of falsework, the design Engineer or the design-checking Engineer shall conduct an interim inspection of the work to verify that the falsework foundation has been constructed according to the Falsework Foundation Design Report and issue the Contractor written permission to proceed with the work.

111 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



919.07.05 Certificate of Installation

Certificates of installation shall be submitted for all formwork and falsework for which Working Drawings are submitted.

A completed certificate of installation shall be submitted to the Contract Administrator upon completion of the formwork and falsework installation prior to the placement of concrete. The design Engineer or design-checking Engineer’s seal and signature shall be affixed on the completed certificate of installation confirming that the formwork and falsework have been installed in general conformance with the Working Drawings and Contract Documents. The certificate of installation shall also certify that the interim milestone inspections have been completed as specified in the Contract Documents.

Amendment to OPSS.MUNI 922, April 2017

922.03 DEFINITIONS

Section 922.03 is amended by the deletion of the definitions for Certificate of Conformance and Quality Verification Engineer.


Clause 922.07.09.01 is deleted in its entirety.

Special Provisions 1. Capital Improvement Project Construction Sign – GN101SP

Special Provision September 2017 The Contractor is responsible for the fabrication, installation, relocation, maintenance and removal of the project construction sign. The signs must be in place prior to the commencement of the Work. Signs should be located near entry and exit points or at the beginning and end locations of the project. Signs should be posted in the area where the work is taking place and visible to the public. The Contractor shall in consultation with the Contract Administrator, determine the appropriate location taking into account obstructions and sight lines.

Upon the completion of the project, the Contractor shall remove and dispose of the signs.

The following information shall be shown on the construction sign and shall be specialized for each project location.

112 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Assignment 16-22 Project Road Sign Field: Description Text 1: Project Title Basement Flooding Protection Program Phase 4

Storm Sewer Replacement, Sanitary Sewer Replacement, Storm Water Management Dry Pond Assignment 16-22

2: Project Details Bunnell Crescent, Dorking Crescent, Gade Drive, Hallsport Crescent, Ianhall Road, Nash Drive, Roding Street, Roding Park

3: Start Date TBD 4: End Date TBD 5: Contract Number 19ECS-LU-02FP

Assignment 16-22 Recreation Pathway Sign Field: Description Text 1: Project Title Basement Flooding Protection Program Phase 4

Storm Sewer Replacement, Storm Water Management Dry Pond Assignment 16-22

2: Project Details Roding Park 3: Additional Project Details This path will be closed due to planned improvements to

Stormwater Management.

We apologize for any inconvenience this might cause. 3: Start Date TBD 4: End Date TBD 5: Contract Number 19ECS-LU-02FP

The size of the construction sign shall be 1200 mm x 1200 mm

The design layout and specifications for the Capital Construction / Improvement Sign can be found by going to Engineering and Construction Services web page at www.toronto.ca/ecs-standards.


For measurement purposes, a count shall be made of the number of new capital improvement project construction signs fabricated and installed.

Basis of Payment


2. Construction and Traffic Constraints – GN102SP

Special Provision September 2018 The Contractor’s schedule shall accommodate the below constraints, but is required to meet all stipulated contract completion dates:

113 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=40e73d3085131410VgnVCM10000071d60f89RCRD

http://www.toronto.ca/ecs-standards




Working hours during construction shall be restricted in accordance to the table below. No extension of Contract Time shall be permitted, nor any delay claim shall be considered by the City due to adherence to these hours.

Day Working Description Monday to Friday 7:00 am to 7:00 pm and per Noise Bylaw Saturday According to the Noise Bylaw Sunday According to the Noise Bylaw Civic/Statutory Holidays According to the Noise Bylaw

Under no circumstances shall equipment be started prior to 7:00 am on weekdays or 9:00 am on weekends or shall trucks start queuing on local streets prior to 7:00 am on weekdays or 9:00 am on weekends.

The Contractor shall schedule their work to complete the Contract by the stipulated completion date. The cost of all overtime, weekend work, night work where permitted shall be included in the appropriate bid prices.

The Contractor shall deploy multiple work crews for each type of work necessary to complete all of the Work within the stipulated contract performance period. The Contractor shall deploy multiple work crews simultaneously for extended periods throughout Work. The City envisions the Contractor shall require a minimum of Two (2) full installation crews working simultaneously at multiple locations in order to meet the Contract completion date.

Where the Contractor works past daylight hours, all provisions must be made to ensure a safe working environment including portable lights and generators, lighting equiped barriers as necessary.

The Contractor shall make a request to the Contract Administrator and provide at least 5 Days in advance notice for review and approval of any work that is to be undertaken outside of normal working hours or on Sunday.

If emergency works to be carried out arise as a result of the Contractor’s negligence or fault and the Contractor is required by the City to work on Sunday, Civic Holiday, Federal Holiday or on a Statutory Holiday in order to remedy the consequences of their negligence, the Contractor will not be compensated for such remedial works.

Any request for permission to work outside the normal working hours, on Sunday, or Civic/Statutory Holiday must be submitted at least 5 working days in advance. Works outside normal working hours, on Saturday, Sunday or Statutory Holiday are subject to City approval.

Access to all driveways must be provided and maintained at all times. The Contractor shall use sunken steel plates as necessary. Closure of one traffic lane will be allowed from 9:00am to 4:00pm on weekdays. Contractor shall provide flag persons as required during the closure.

114 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The Contractor to note the close proximity of the existing schools, community centers, parks, places of worship, etc. in the area that are close to the proposed scope of works and take every possible measure to ensure unimpeded access at all times during construction.

The following traffic restrictions will apply:

Only one-half of the road width, within the limits of each staging, shall be closed to vehicular traffic at a time. Uninterrupted pedestrian traffic on both side of the street shall be maintained at all times during construction. Pedestrians shall be separated from the construction activities with temporay fast fence or equivalent.

The Contractor shall maintain uninterrupted TTC bus routes at all times during construction. The Contractor shall provide adequate temporary signs and proper access ramps for public transit passengers.

Due to the requirement to inform the public of any impending closures of the roadway, the Contractor shall give the Contract Administrator at least 7 Day notice before any closures. Any work requiring the restriction of traffic shall be carried out only after the City has approved the restriction.

The Contractor shall have no claim for delay or any cost or expense arising out of:

o a rejection by the City of a request to close lanes other than as provided in this Special Provision,

o cancellation of any scheduled closure of lanes due to inclement weather or unforeseen circumstances, or

o parking infractions due to construction

Truck routing shall be planned as to minimize the disturbances to residences, businesses, and institutions. The Contractor shall submit a proposed truck routing plan a minimum to two weeks prior to the start of the work for review and approval..

Milling and paving within all major intersection areas including signalized intersections shall commence on a Friday after 7:00 p.m. followed by asphalt paving within the major intersections and signalized intersections on Saturday.

If when paving on a Saturday, inclement weather or otherwise, prevents the Contractor from completing the work, then the Contractor shall continue paving on the next day (Sunday) in order to complete the work.

Lane widths shall be restricted to a minimum of 3.3 metres for lanes with a bus route and 3.0 metres on arterial roads unless otherwise specified, and must be maintained during construction with "narrow lane" warning signage posted. Lanes shall be shifted and repainted if required.

115 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The Contractor shall co-ordinate his work such that emergency vehicles (Fire, Ambulance and Police) are able to reach any property at all times.

The Contractor shall be expected to supply all labour, equipment and material to ensure that the Contract is completed by the stipulated completion date. In this regard, the Contractor shall supply a schedule and work plan at the pre-construction meeting to demonstrate how they plan to complete by the stipulated completion date. The Schedule shall be updated every 2-weeks and submitted to the City for review and approval.

All traffic control measure shall be in place prior to construction and shall be included in the associated unit price in the pricing form. Traffic protection and control may include, but not limited to, police duty officers, persons, signs, flashers, delineators, pedestrian barricades, temporary steel plates, etc. and shall comply with specification TS 1.00.

The Contractor must complete the restoration in stages. The Contractor shall complete road restoration street by street, including the base course up to the top course, throughout the duration of the Contract. Upon the completion of the road restoration on all of the streets as noted above, the final top course shall be completed at once. The top course must be installed in order for Substantial Performance to be awarded.

The Contractor shall be required to supply all information on material availability, equipment, labour and work plan and schedule to the City at a pre-construction meeting to demonstrate how they plan to complete the Contract by the stipulated date.

The Contractor shall stage their works so that the Work is completed on a street by street basis.

In case road closure approval is obtained from the City on a collector road or any intersection, the Contractor shall minimize the closure time. The working hours on closed collector roads shall be from 7:00am to 7:00pm. In industrial areas, extending the working hours shall be considered.

The Contractor shall provide flag persons and provide and maintain signs and pedestrian control barricades to temporarily divert and protect the general public when work is being carried out on, over, or adjacent to any roadway or public facility.

All signs, the placement of signs, flashers and channelling methods for the guidance and protection of pedestrian and vehicular traffic shall be in accordance with Ontario Traffic Manual Book 7, the latest edition of the “Manual of Uniform Traffic Control Devices”, the “Traffic Control Manual for Roadway Work Operation" and “Pedestrians in the Workplace insert" as approved by the Ministry of Labour and the Ministry of Transportation. All signs shall be high intensity. All sign bases are to be sandbagged.

The minimum standard required for retro-reflective sheeting on construction signs, markers and barriers are those described in Part ‘A’ of the "Manual of Uniform Traffic Control Devices”. These standards shall be adhered to in all signage provided under this Contract.

116 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Based on the Traffic Management Plans included in the Contract Drawings, the Contractor shall submit a detailed Construction Staging, Traffic Control Plan and Traffic Protection Plan for all local residential and collector roads within the limits of construction to the City for review and approval within 7 days of the award of the contract. Where provided, the Contractor shall submit a detailed Construction Staging, Traffic Control Plan, and Traffic Protection Plan in conformance with the Traffic Management Plans, where provided, included in the Contract Drawings, for the City for review and approval within 7 days of the award of the contract.

Construction shall not commence without an approved Staging, Traffic Control Plan or Traffic Protection Plan. Delays in the approval of these plans shall not be justification for a time extension for the contract. The plans shall include but not be limited to identification of lane closures sequence, duration and length for each section of work area.

Actual traffic requirements will be determined during construction by the Traffic Operations Section of the Transportation Services Division. The effectiveness of the plan will be reviewed during construction and may require adjustments as deemed necessary. The Contractor should be prepared to modify their operations if needed at no extra cost to the City.

The Contractor shall be attentive to the needs of pedestrians that are visually or physically impaired, and the Contractor must be prepared at all times to assist in the safe and comfortable passage of these pedestrians.

The Contractor shall minimize the open excavation left at the end of each working day. When excavation is required to be left open overnight, the area shall be completely blocked off by means of a solid locking barrier.

The Contractor shall direct pedestrians, by the use of signs and barricades, to use the sidewalk on the opposite side of the ongoing construction. During the reconstruction or resurfacing of the pavement, the Contractor shall ensure that all sidewalks are clear of debris and fully open to pedestrian traffic.

The Contractor shall control the pedestrian traffic by use of interlocking metal barriers and TC-54 Barrels with rail.

The Contractor shall provide openings in the metal barrier at designated crossings only, where directed by the Contract Administrator.

The Contractor shall be responsible for the installation and maintenance of signage, silt fences, and barricades around and adjacent to the work to alert and protect the general public from construction hazards and to advise of changed conditions.

The Contractor shall also conform to the following requirements:

117 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



1. The Contractor shall have a copy of the location-specific traffic control plan for the protection of workers and the public on site at all times as per the Ministry of Labour regulations;

2. “Construction Ahead” signs with tab signs, “Road Closed” and “Local Traffic Only,” appended shall be placed at all points of ingress and egress of the working area;

3. The Contractor shall backfill or steel plate all excavations at the end of the day and make the roads accessible to traffic. Two-way traffic shall be maintained at all times with one full lane open in each direction, unless the Section has been approved for roadway closure in which case local property Owner access shall be maintained;

4. On non-arterial roads, the Contractor may restrict traffic to one lane if a minimum of two (2) qualified flag persons are provided to ensure safe vehicular travel through the sites or as deemed necessary by the Contract Administrator;

5. Materials and equipment must be confined to one side of street only and stored so as not to interfere with visibility and corner movements;

6. All sidewalk cuts shall be back-filled or plywood covered with sufficient strength for pedestrian traffic during non-working hours;

7. All open cuts, when not under construction, are to be covered with counter-sunk steel plating with non-skid surface. Appropriate signs shall be posted advising of the presence of the plates. The plates must be secured to the pavement and be of sufficient thickness and strength to support the traffic. The plates are to be placed on a layer of burlap to avoid any excessive noise. The plates must also overlap the sides of the trench by 0.3m. The plates shall be recessed into a 300mm x 40mm deep step joint and filled with a compacted layer of 40mm SP12.5 asphalt.

8. For a traffic sign removal or relocation, the Contractor must notify City of Toronto Transportation Services at least two (2) working days in advance of the required removal. Under no circumstance is the Contractor to remove or relocate any traffic signs;

9. Additional traffic control or signage may be required by City of Toronto Transportation Services;

10. All flexible drums (barrels to TC-54) shall be equipped with blinkers/flashers on top.

11. Sidewalks must not be totally obstructed at any time;

12. Satisfactory facilities for pedestrians crossing at corners must be provided;

13. Maintain access to all streets at all times;

14. Where applicable, all street crossings to be done one lane at a time, cut and covered method;

118 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



15. Provide qualified traffic control person(s) to guide pedestrian traffic, when required;

16. The Contractor shall provide a mechanical sweeper during all closures to clean the road surface prior to the application of pavement markings and to remove dirt and debris from lanes that shall be open to traffic following various closures;

17. The Contractor shall provide written notification to homeowners at least 48 hours in advance of blocking or closing their driveways or elimination of on-street parking for any construction purposes;

18. The use of water filled barriers in lieu of concrete barriers shall not be permitted;

19. Pedestrian traffic is to be controlled by the use of interlocking metal barriers unless otherwise directed by the Owner. Pedestrians shall be fully restricted from all work areas and vehicular traffic, except at designated crossings;

20. The Contractor shall retain a paid duty officer if more than one lane of traffic is closed at the same time.

The Contractor shall not close two consecutive intersections concurrently as this may result in blocking access to properties in between.

Tow Truck Services

The Contractor shall supply a tow truck including operator where approved by the Contract Administrator, capable of moving vehicles from the construction zone that are interfering with the work.

The Contractor should note that the tow truck owner must be licensed and in good standing with the City of Toronto Licensing Commission, The City of Toronto License number must be submitted to this Department when the Sub-Contractors are listed.

The tow truck operator will under all circumstances be directed by a paid duty police officer or a trained City of Toronto representative whenever towing will be carried out.

Towing shall be carried out in a manner so that vehicles will be relocated to a nearby location (i.e. around a side street) and not impounded. The Contractor shall be totally responsible for this operation and no claims for damages whatsoever will be entertained by the Contract Administrator.

The tow truck hours will be determined by the Contract Administrator's representative from the time the truck arrives on site until the time the truck leaves the site.

Payment for this item shall be on a time and material basis through the Contingency Allowance.

119 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Basis of Payment

Payment for the maintenance of traffic shall be made through the appropriate unit price item including, but not limited to, the production of a Traffic Control Plan, Traffic Protection plan, utilization of Paid Duty Police Officers, the supply, placing, maintenance and removal of all signs, barricades, and other traffic control devices that are not covered in other pay items of the pricing form. All other costs associated with this Work shall be incidental to all related items of Work. No separate payment shall be made.

3. Notices to Public – GN113SP

Special Provision April 2017 Notice No. 1 (Pre-construction Notice)

Prepared by the Contract Administrator that includes an introduction to the upcoming construction contract and indicates the name and contact phone number of the Contract Administrator or Field Ambassador. Notice No. 1 shall be delivered by the Contract Administrator to all properties within the contract area no less than two months in advance of the start of on-site activities by the Contractor.

Notice No. 2 (Construction Notice)

A Construction Notice, prepared by the Contract Administrator that includes a detailed description of the upcoming construction work and indicates the name of the Contract Administrator and company name and contact phone number of the Field Ambassador, including any details of periodic interruptions of water service, details of temporary water service connections and construction activities that my impact public access to the site.

Notice No. 2 shall be delivered by the Contract Administrator to all properties within the contract area no less than 14 Days before any activities by the Contractor.

Specialized Messaging

From time to time there may be additional notices to communicate key messages affecting individuals or a group of properties. Examples include residential or commercial or multi-residential water shut-offs, parking restrictions, driveway access, tree removals, TTC service and so on. Five Working Days' notice shall be given to the Contract Administrator to prepare the notice. The Contractor shall deliver the notice within 2 Working Days.

Basis of Payment

All costs associated with this Work shall be considered incidental to all related items of.

120 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



4. Pre-Construction Photos and Videos – GN114SP

Special Provision September 2018 The Contractor shall provide the Contract Administrator photos or videos or both in digital format that clearly shows every property adjacent to the Working Area prior to the start of construction. Driveways, gardens, walls, fences, curbs, walkways, trees, curbs, plantings and roadway including utility cuts, maintenances, speed bump, cracks affected by the construction should be clearly visible on the recording media.

The digital photos or video or both shall be used by the Contract Administrator to verify that the restoration of any affected areas is restored to pre-construction conditions. A written summary shall be provided with details as to when the Work was completed, which locations inspected, all photos and video logs labelled along with a map to indicate areas inspected for each street.

Should the Contractor not have pre-construction photos or video of the area being restored, shall in no way, relieve the Contractor of any responsibility to complete the restoration to match existing conditions to the complete satisfaction of the Contract Administrator and the property owners.


Measurement for providing photos or videos or both shall be by lump sum.

Basis of Payment


5. Construction Fence Mesh Banners – GN129SP

Special Provision July 2018 The Contractor shall be responsible for the fabrication, supply, installation, relocation, maintenance and removal of the construction fence mesh vinyl banners. The Contractor shall, in consultation with the inspector or Contract Administrator, determine the appropriate location(s) taking into account obstructions and sight lines. If the location selected for the construction banner is on a fence, then it is the Contractor's responsibility to make any modifications required to maintain the stability of the fence to support the banner or to ensure the banner does not affect the stability of the fence but still meets the requirements of the fence mesh banner design specifications.

Field changes from one banner to another banner, for example FM-2 to FM-12 shall be installed by the Contractor within 24 hours of being notified by the Contract Administrator.

Upon Substantial Completion of the project or at the request of the Contract Administrator, the Contractor shall remove the construction banners.

121 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The following banners shall be required for this project:

Banner No. Title of Construction Fence Mesh Banner

Required (Y/N) Quantity

FM-1 BFPP Storm Sewer Construction Banner Y 4 FM-2 BFPP Watermain Construction Banner N 0 FM-3 Bridge Lane Closed For Worker Safety Construction

Banner N 0

FM-4 Bridge Workers Under Bridge Construction Banner N 0 FM-5 Concrete Curing Construction Banner N 0 FM-6 FGGE Related Work Construction Banner N 0 FM-7 FGGE Under Expressway Construction Banner N 0 FM-8 Flushing Watermain Construction Banner N 0 FM-9 Lane Closed For Traffic Control Worker Safety

Construction Banner N 0

FM-10 Lane Closed Merging Work Zone Construction Banner Y 2 FM-11 Off Peak Hours Construction Banner N 0 FM-12 Road and Sidewalk Construction Banner Y 4 FM-13 Road Lane In Use for Pedestrian Lane Construction

Banner N 0

FM-14 Traffic Lane for Watermain Work Construction Banner N 0 FM-15 TTC Watermain Combined Work Construction Banner N 0 FM-16 Watermain Replacement Construction Banner N 0 FM-17 BFPP New Sewers N 4 FM-18 BFPP Road Improvements and New Sewers Y 4 FM-19 BFPP New Watermains, Road Improvements and New

Sewers N 0

FM-20 BFPP Infrastructure with the Park Y 4 FM-21 SWM New Storm Sewers to Avoid Ravine Erosion N 0 FM-22 SWM New Storm Sewers to Improve Water Quality N 0 FM-23 SWM Construct New SWM Facility to Improve Water

Quality N 0

FM-24 SWM Restore Park after New Storm Sewers Y 4 FM-25 SWM Repair Creet to Improve Water Quality N 0

For detailed construction banner descriptions, go to www.toronto.ca/ecs-standards.

Construction Fence Mesh Banner Specifications

• 9oz mesh vinyl banner no larger than 72” x 96”

• Size dimensions can be adjusted based on sightlines/ type of construction fencing in use

• Graphics: A) Imposition file (1 up.)

• Printer: wide format CMYK – banner vinyl

• Media: 9oz mesh vinyl

• Trim: square

122 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




• Finishing: stitch and grommet


For measurement purposes, a count shall be made of the number of construction banners supplied and installed.

Basis of Payment


6. Pre- and Post-construction Condition Surveys – GN116SP

Special Provision September 2018 Pre-construction Condition Survey

The Work performed under this tender item shall be the completion of a site pre-construction condition survey of all properties adjacent to the proposed Work at the following locations:

Street Name From Street To Street

Roding Street Dead end south of Gade Drive

Parent Avenue

Gade Drive Roding Street Ianhall Road

Ianhall Road 50 Ianhall Road Gade Drive

Nash Drive Roding Street Bunnel Crescent

Bunnel Crescent Hallsport Crescent 40 Bunnel Crescent

Hallsport Crescent 9 Hallsport Crescent Bunnel Crescent

Dorking Crescent Nash Drive 16 Dorking Crescent

Roding Park Outlet Roding Street 150m south of Roding Community Centre

Victory Drive Julien Road Ianhall Road

Julien Road Wilson Avenue Wintergreen Road

Letchworth Crescent 70 Letchworth Crescent Deevale Road

Calais Avenue Richard Clark Drive Bulb on Calais Avenue

Richard Clark Drive 146 Richard Clark Drive Calais Avenue

Roding Park A complete precondition survey of all of Roding Park including all structures, playing fields, playgrounds, paths, walkways and utility structures is required. This includes a survey of the structure(s) and parking lot(s) of Pierre

123 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Laporte Middle School and Roding Arena and Community Center.

Apartment Complex – Northeast Corner of Ridge Road and Wilson Avenue

All units (interior) and all exterior structures (parking lots, stairs, pathways, playgrounds etc.)

The pre-construction condition survey shall be completed by an independent consulting engineer with documented experience, as a third party, in interior and exterior condition surveys of structures near construction operations.

The pre-construction condition survey shall be completed at least one week prior to the start of each street location of the Work and shall be conducted on all businesses and residences immediately located within, adjacent to, or within 30 metres of the Work area and for selected business or residences located outside of the Work area.

A Construction Notice on City of Toronto letterhead shall be prepared by the Contract Administrator advising of the pre-construction condition survey. These notices shall be hand delivered by the Contractor to all affected owners and occupants.

The pre-construction condition survey consists of the following activities:

Survey data shall be recorded in a written and by photographic means, as deemed necessary for proper record;

(a) The type and date of construction shall be recorded;

(b) Differential settlements and visible cracks in walls, floors and ceilings shall be identified and described room by room. All other structural or cosmetic damages shall be identified and recorded;

(c) All driveways, walks and stairs shall be inspected and any existing damage shall be recorded; and

(d) Completion of a report indicating properties inspected, refusals of entry and an evaluation of potential hazards.

The independent consulting engineer is required to make up to three attempts to contact each property to set up an arranged meeting to complete the survey with the resident or property owner. At least one of these attempts is to be made outside of working hours for example, on a Saturday, or weekday evening.

Following delivery of survey notices and preliminary attempts to contact property owners, the Contractor shall provide the Contract Administrator with an intermediate report detailing attempts to contact property owners and responses.

Upon the completion of the survey, the Contractor shall provide the Contract Administrator with a log of all dates the properties were visited, which properties were surveyed, and which properties refused survey.

124 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Upon the completion of the surveys and reports, the Contractor shall provide one hard copy and one digital copy in PDF format copies of the condition survey report to the Contract Administrator.

When requested from a resident, the City not the independent consulting engineer is to provide a copy of the condition survey and photos of the surveyed property to the property owner.

Post-construction Condition Survey

The same independent consulting engineer shall complete the pre-construction condition and the post-construction condition surveys.

The post-construction condition survey shall be completed on all residences and businesses that have reported issues as a result of the Work. The post-construction condition survey shall inspect any damage that may have occurred as a result of the Work.

In the event of any claims for damages because of the construction, the independent consulting engineer shall supply post-construction condition surveys and accompanying reports for up to and including 10 properties at no extra cost to the City. Additional payments shall be negotiated if more than 10 post-construction surveys are required.

The Contractor shall be responsible for dealing with and settling any claims that may result. The Contract Administrator shall be kept informed of all claims received and the status of the claims. The Contractor shall be responsible for all damage due to Construction. The Contractor shall indemnify the Owner against any claims by abutting property owners for damages sustained due to any construction activities.


Measurement shall be by lump sum and shall be pro-rated based on the following:

• 70 per cent at the completion of the pre-construction report and

• 30 per cent prorated against the pre-construction report, per post-construction report at the completion of the post-construction project, if required.

Basis of Payment


125 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



7. Test Pits to Expose and Verify Existing Utilities – GN122SP

Special Provision September 2018 The Contractor shall arrange for non-mechanical type excavations, such as Hydrovac or hand digging to undertake the exposure of the existing utilities or structures within the roadway or boulevard and as required by utility companies.

A plan of the proposed locations of all test pits is to be supplied by the Contractor to the Contract Administrator. Prior to proceeding with the proposed test pits approval from the Contract Administrator is required.

The test pits to expose and verify utilities shall include the following:

• all traffic control; • excavation, sheathing, shoring, trench dewatering; • the removal and disposal off site of asphalt pavement, concrete road base, brick

gutter, concrete or asphalt curb, curb and gutter, monolithic curb and sidewalk, sidewalk, crosswalks, walkways, flag stone, boulevards, driveways and entrances (all thicknesses);

• the removal and disposal off site of asphalt pavement containing asbestos in accordance with Ontario Regulation 278/05, Type I;

• remove and salvage existing unit pavers and interlock stone; • protecting and supporting of adjacent components that shall remain during and after

the work including existing structures, sewers, laterals and watermains, services and utilities, light poles, hydro and traffic signal poles, hand wells, maintenance holes, catch basins, retaining walls, curbs, road base, driveways, sidewalks, crosswalks, walkways, valve boxes, signs and posts, fences, bollards, gardens, decorative stones, garden edging and vegetation, residential sprinkler systems and lighting systems. Any damage to existing components shall be properly repaired at no extra cost to the City;

• disposal of excavated material off site; • the supply, placing and compacting of unshrinkable fill according to TS 13.10 under

hard surfaces such as asphalt, concrete, interlock stone and Granular B Type II or select native material at other locations for backfilling;

• the installation and maintenance of permanent restoration for concrete and asphalt sidewalks, curb and roadway; and

• restoration of test holes by the next Day; • permanent restoration of all existing landscaping, sodding, fences, river stone,

gardens, decorative rocks, vegetation, interlock stone or lock stone, unit pavers, concrete and asphalt walkways or driveways (all types), sodding to pre-construction conditions or better.

A minimum of 300 mm of compacted Granular A (free of RAP; reclaimed asphalt pavement) material shall be placed around any water services before unshrinkable fill is placed.

126 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



For gas mains, a minimum of 150 mm of sand padding must be placed over the pipe for protection. The gas main and valve assemblies must be sand padded before placement of the unshrinkable fill. The Contractor must ensure that placement of the unshrinkable fill does not displace the sand padding or directly contact the pipeline.

Test pits agreed to or requested by the Contract Administrator shall be at the Contract Price for test pits as specified in the Contract Documents. Test pits required by the Contractor to confirm locates are not payable.


For measurement purposes, a count shall be made of the number of test pits completed.

Basis of Payment


Where the removal, disposal, backfill and restoration for the test pits are included in other tender items, the payment for the work shall be under the appropriate tender items.

All costs for permanent restoration for underground linear infrastructure works shall be considered incidental to the respective line items, including removal of existing temporary restoration. Where underground works overlap with road resurfacing works, payment for resurfacing will be made based on the areas that fall outside of the permanent trench restoration area required under TS 4.60 for utility cut restoration.

8. Construction Survey and Layout – GN126SP

Special Provision July 2018 This special provision for survey and layout is supplemental to clause GC 7.02.01 Layout by Contractor.

The survey and layout shall be performed or supervised by a competent surveyor with a minimum of five years related field experience (the "Surveyor"). The Contractor shall ensure the Surveyor attends a pre-construction meeting and other meetings as requested by the Contract Administrator.

The Contractor shall provide a hard copy of the Contract Drawings to the Surveyor who will conduct or supervise the construction survey and layout.

The City will provide to the Surveyor a digital copy of the Contract Drawings in a read only format for the purpose of creating layout reports to enable field layout of the Project.

Prior to the commencement of the survey and layout, the Contractor, the Surveyor and the City shall meet to review, establish and confirm the following:

127 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• staging of construction;

• layout sequencing, optimum location and preservation of all reference points; and

• sequencing of construction, that is to say the order of removal and replacement of surface and sub-surface services and infrastructures.

Use of Global Positioning System (GPS) technology for the performance of survey and layout is not permitted.

Layout survey must be integrated into the existing horizontal and vertical control network and must be geographically referenced to the Ontario Coordinate System (MTM NAD27/CGS 1928).

The control and sub-control points established during the pre-engineering phase of the Project shall be used, and all of which must be verified and preserved over the course of the Contract.

The horizontal and vertical stations along the alignment shall be established at an appropriate offset and frequency to enable the accurate construction of the proposed features. The grade layout shall be carried out at no further apart than 20 m and where grade/direction changes occur.

All match points shall be verified and align with the existing conditions.

The grades of the constructed features shall be confirmed before proceeding to the next stage of work.

Any conflict or inconsistencies found between the Contract Drawings and the existing physical conditions shall be reported to the Contract Administrator immediately, and the survey and layout work shall be suspended until further directed by the Contract Administrator.

All readings and measurements taken during the survey and layout, including the following, must be properly recorded —in digital format with supplemental hard copy where necessary—and maintained for verification and future reference:

• all control and sub-control points;

• all horizontal and vertical stations;

• layout/offset points;

• grade sheets and field notes; and

• information required for the preparation of as-built drawings ("Survey" column of Field Services Manual Appendix E - As built Features Requirements, Attachment 1 of this Section 4A).

128 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



A copy of the records produced shall be stored by the Contractor on site and be accessible to the Contract Administrator at any time.

The Contractor shall submit grade sheets to the Contract Administrator within 7 days of completion of layout.

Crosswalk Layout

Layout of the crosswalk boundary lines shall be at a minimum of three locations for each line. One location must be the centreline of the road and the other two shall be within 1.5 m of the new curb line, on each side, so that all three marks form a straight line that can be seen from both boulevards. Additional marks may be required for wider roads or obstructed views. The City will then use these intersection points to determine and mark out the area of removal of existing curb, curb and gutter, and sidewalk to facilitate the construction of new sidewalks with tactile walking surface indicator, where shown on the Contract Drawings. These marks shall be maintained until the new curb and sidewalk has been installed. The marks shall then be transferred to the curb prior to milling so that the alignment can be reinstated after the pavement has been placed.

Basis of Payment

All costs associated with this work shall be considered incidental to all related items of work. No separate payment shall be made.

9. Watermain and Large Diameter Water Service Installation – WM201SP

Special Provision September 2018 The installation of watermains, hydrant leads and large diameter water services 100 mm in diameter and larger shall include;

(a) the removal and disposal off site of asphalt pavement, concrete road base, brick gutter, concrete or asphalt curb, curb and gutter, monolithic curb and sidewalk, sidewalk, crosswalks, walkways, flag stone, boulevards, driveways and entrances (all thicknesses);

(b) supply, install, monitor and removal of ground water control measures;

(c) dewatering;

(d) remove and salvage existing unit pavers and interlock stone;

(e) protecting and supporting of adjacent components that shall remain during and after the work including existing structures, sewers, laterals and watermains, services and utilities, light poles, hydro and traffic signal poles, hand wells, maintenance holes, catch basins, retaining walls, curbs, road base, driveways, sidewalks, crosswalks, walkways, valve boxes, signs and posts, fences, landscaping walls, bollards, gardens, decorative stones, garden edging and vegetation, residential sprinkler systems and lighting systems, any damage to existing components shall be properly repaired at no extra cost to the City;

129 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



(f) removal and disposal off-site of trench excavation including unshrinkable fill;

(g) removal and disposal of existing watermains, storm sewers, sanitary sewers and other appurtenances where indicated on the Contract Drawings or encountered during installation of new watermains or both;

(h) watermain pipe including installation within valve chambers;

(i) tracer wire including tracer wire continuity test report and all other incidentals to completely test the watermain following restoration;

(j) cathodic protection and test stations according to TS 7.22;

(k) all fittings including bends, tees, crosses, end caps, reducers, couplings, adapter flanges, restrained joints, thrust and anchor blocks, anchor tees;

(l) supply and installation of insulated watermain pipe,

(m) supply and installation of reinforced concrete encasement of watermain pipe, where necessary;

(n) installation and removal of temporary blow-offs, corporation stops for disinfection, taps, pressure gauges, sampling cocks, back-flow preventers, caps, plugs on new and existing watermains and hydrant leads;

(o) swabbing, chlorination and bacteriological testing according to TS 7.30. Contractor to fill in Form TS 115;

(p) hydrostatic pressure testing according to TS 441;

(q) supply and placement of embedment or bedding material, cover material and backfill as specified in the Contract Documents (Note: Where Granular A material is specified in this special provision, it shall be from a source that is free of reclaimed asphalt pavement (RAP) and according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates – Base, Subbase, Select Subgrade and Backfill Material (April 2013));

(r) supply and placement of unshrinkable fill;

(s) Permananent restoration for concrete and asphalt sidewalks, curb and roadway; and

• permanent restoration of all existing landscaping, sodding, fences, river stone, gardens, decorative rocks, vegetation, interlock stone/lock stone, unit pavers, concrete and asphalt walkways or driveways (all types) to pre-construction conditions.

Flexible Pipe (PVC or PVCO watermain)

130 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Embedment material as it relates to flexible pipe from the bottom of the trench to the bottom of the backfill shall be Granular A according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates – Base, Subbase, Select Subgrade, and Backfill Material (April 2013). The embedment material shall extend 200 mm below the pipe invert and extend 300 mm above the top of the pipe. The embedment material shall be worked carefully under the sides of the pipe and compacted in 150 mm layers to 98% of maximum dry density with light equipment by hand so as not to damage the pipe or alter its installation in any way. Granular A RAP shall not be used for embedment material.

The embedment and backfill shall be according to OPSD 802.010 Type 3 soil.

Rigid Pipe (Ductile Iron Watermain)

Bedding material used to support rigid pipe shall be Granular A according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates – Base, Subbase, Select Subgrade, and Backfill Material (April 2013). The bedding material shall be worked carefully under the sides of the pipe and compacted by approved mechanical means in 150 mm layers to 95% of maximum dry density.

The pipe bedding, cover and backfill shall be according to OPSD 802.031 Class B bedding.

Cover Material (Ductile Iron Watermain)

Cover material placed from the top of the bedding to the bottom of the backfill for rigid pipe shall be Granular A compacted by approved mechanical means in 150 mm layers to 95% of maximum dry density.

Backfill Material (PVC or Ductile Iron Watermain)

Backfill material used above the embedment or cover material and below the lower of the subgrade or finished grade or the ground shall be unshrinkable fill when under concrete and asphalt sidewalks, curbs, driveways, roadway, and when trenches are under 1.2 m wide. When trenches are over 1.2 m wide, backfill material shall be Granular ‘A’ or as specified on the Contract Drawings. Backfill material in other areas other than the roadway shall be Granular B Type II or select native material according to TS 1010 compacted by approved mechanical means in 150 mm layers to 98% of maximum dry density.

Valves – Open /Close Direction

The open/close direction for valves shall be according to TS 441. All valves supplied for this contract shall open in the clockwise direction.

Trench Box

The use of trench boxes is permitted within the roadway on this Contract.

Feed Points

131 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Feed points for the new watermains shall be determined by the City and the locations of source water will be provided to the Contractor at the pre-construction meeting. Feeds from fire hydrants is not permitted.

This provision shall be considered incidental to all items related to the installation of new watermains. No separate payment shall be made.

Backflow Preventer

Where the backflow preventer and assembly require above ground installation, the preventer and assembly shall be relocated to a suitable area to permit the opening of all through traffic lanes. Watermains installed at or near the centreline of the road may utilize dedicated left turn lanes for the preventer and assembly. The assembly shall be fully protected from vehicular traffic at all times, by the use of temporary concrete barrier.

This work shall be considered incidental to all items related to eh installation of the new watermains. No separate payment shall be made.

Bypass Sizing

For 150- and 200-mm diameter watermains, the bypass size shall be 50 mm diameter according to drawing T-1104.03-3 or T-1104.03-4.

For 300 mm diameter watermains, the bypass size shall be 100 mm diameter according to drawing T-1104.03-3 or T-1104.03-4.

For greater than 300 mm diameter watermains, the bypass size shall be 150 mm diameter.

Restrained Joints

Joint restraints are to be used on all bends, tees and valves. All bends and tees are to include thrust blocking as well as joint restraints. All pipe joints within 6.1 metres of a restrained fitting or appurtenance shall be mechanically restrained in addition to the requirements shown in the Contract Drawings.

All 100 mm diameter and larger water service connections, including the valves, bends and fittings will be fully restrained from the watermain pipe to the property line. If there are more than two consecutive joints, the necessity of installing restraints will be reviewed on an individual case-by-case basis.

The cost of the joint restrainers shall be included as part of the watermain installation. No separate payment shall be made.

Pipe Crossing

At all locations where the proposed watermain crosses under or above the existing sewers or utilities, Granular A Native or Granular A RCM according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates – Base, Subbase,

132 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Select Subgrade, and Backfill Material (April 2013) material is to extend from the lower pipe to the top of the upper pipe.


No separate payment shall be made.

Looping Under or Over of Proposed Watermain

This tender item shall be used when loping under or over existing utilities when conflicting within the proposed watermain alignment and where not shown on the Contract Drawings.

This item shall include the supply of all required bends for vertical alignment changes including the installation of all necessary fittings, piping, machining, sleeve couplings, thrust/anchor blocks, anchor bolts and tie rods as required and cathodic protection for all fittings, backfilling excavation and permanent site restoration including any incidental works.

The looping item shall include additional excavation and backfill up to one metre below the proposed watermain and extend a distance up to 5 metres horizontally.

Connecting to Existing Watermain with a Tapping Sleeve and Valve

One or more live tapping connections shall be required to the existing watermain as indicated on the Contract Drawings. Tapping sleeve and valves (TS&V) shall be from the approved material list in the latest Design Criteria for Sewers and Watermains, Chapter 6, Material Specifications. The Work for installation of tapping sleeve and valve shall include connection of tapping sleeve and valve to the existing watermain under pressure, that is to say wet (live) tapping, not dry tapping. Where a tapping sleeve and valve is required at the connection, the TS&V valve shall be paid as a separate item.

Branch Connections to Existing Watermain

In completing the connection to existing watermains, the Contractor shall follow the connection procedure according to TS 7.70 – Watermain Replacement and Connection Procedure. The Contractor must plan his connection works such that the water shutdown to complete the connection works do not exceed four hours in duration. The works must be prepared in such a way so that fulfillment of this requirement becomes realistic. The City will inspect all preparation works and approve go ahead with the shutting down of water in order to execute the connection works. The City will not entertain any claim on the delay on water shutdown if adequate notice has not been provided or the Contractor’s preparation works fail to receive City’s acceptance or both.

133 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



For watermain filler pieces, Toronto Water shall take one bacteriological water sample. The Contractor shall not remove the sampling point or connect until a pass reading is received from the Contract Administrator.

When connecting to an existing valve that is to remain in operation, following acceptance of the new watermain by the City, the Contractor shall leave the existing valve in the open position, remove the valve box or break down the valve chamber to 1.2 m below surface and dispose off-site.

Backfill material shall be unshrinkable fill when under the concrete and asphalt sidewalks, curb and roadway. Backfill material in other areas other than the roadway shall be Granular B Type II or select native material.

Forty-eight hours notice is required to be given to the water customers for any planned disruption of water services. All proper and relevant health and safety regulations should be followed at all times.

This item shall be applicable for new watermain branch connection connecting to an existing watermain.

Installation of Large Diameter Water Services

The Contract Price shall include the supply and installation of 100 mm diameter and larger water service pipe, copper tracer wire and all appurtenances to complete the Work.

• If length of water service is less than 3.5 m, then one valve and box is required, and

• If length of water service is greater 3.5 m or greater, then two valves and boxes are required, one located at the watermain and one located at the streetline.

All existing large diameter water service valves which are to be abandoned shall have the existing valve box removed and the excavation shall be backfilled with unshrinkable fill. The existing valve shall be abandoned in place.

The cost for the domestic water service off a fire service line shall be paid for separately under the appropriate tender item.

The linear metre price for large diameter water services equal to or larger than 100 mm shall be paid under the tender item for watermain of the appropriate size.

Connection of Large Diameter Water Services at Property Line

All new large diameter water services shall be flushed before connecting to the existing water service at street line. A same size tail extended to the surface for flushing and swabbing purposes shall be included. The large diameter water service shall be disinfected according to TS 7.30 – Procedure for Disinfecting Watermains. The new water services cannot be connected to the existing service at the property line until the new watermain is pressure tested and the bacteriological tests pass.

134 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The Contractor shall contact the building owners prior to the installation of the mainline watermain and anchor tee and valve for any service 100 mm in diameter or greater to confirm the location, size and material type of the existing water service. The purpose is to determine the best location for the replacement of the connection and to confirm the anchor tee size prior to the mainline watermain installation.

The linear metre price for water services equal to or larger than 100 mm shall be paid under the corresponding item for water service. All costs associated with the connection shall be paid under the item to connect watermain to existing watermain or large water service.

Temporary Restoration

The Contractor shall complete temporary restoration of all roadways upon completion of the watermain and backfill operation for every 100 m or at the end of each Working Day of watermain constructed, even before work is started on installation of the water services. Temporary restoration of driveways, sidewalks and intersections must be completed by the next Working Day after backfilling of the trench with Granular A compacted by approved mechanical means in 150 mm layers to 98% of maximum dry density or unshrinkable fill backfill.

For more requirements on temporary and permanent trench restoration see supplementary specification GN121SS.

Notice to Toronto Water

Contractor shall make a request to the Contract Administrator 3 Working Days in advance if Toronto Water division is required to:

operate any service valve ro mainline valve

operate any fire hydrant

operate any curb stop

take one bacteriological water sample from the watermain filler pieces.

Confirmation of bacteriological test results from Toronto Water may take up to 7 Days. The Contractor shall accommodate this in their scheduling.

Product Manufacturer's Report

At least 7 Days prior to construction the Contractor shall submit the following information to the Contract Administrator:

All product data reports.

Shop Drawings and details for all pipe, valves and mechanical joint restraints.

135 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Manufacturers letter of compliance.

Bill of lading that confirms that saddle clamps, tie-rods, nuts are stainless steel.

For PVC pipe 300 mm diameter and larger the summary of fittings and restrained length calculations is required. This can be obtained from the pipe supplier or manufacturer.

The required documents list above for PVC pipe 300 mm diameter and larger is required as it would facilitate the manufacturer to provide their own inspection and the City with additional manufacturer’s warranty beyond 2 years, provided watermain is installed according to their installation requirements. The City’s standards will prevail over all other requirements. The manufacturer’s standards will be considered where a City’s standard does not exist or is lower.

Shop Drawings, specifications, product data details of the proposed method for the directional boring, joining system, repair of the existing watermain, trench protection, Equipment and Materials to be used and a list of all suppliers shall be submitted to the Contract Administrator for review, at least 14 Days prior to commencement of the work.

Tunneling

The Contractor shall use a tunnel method such as tunnelling, boring or directional drilling to install the watermain, water services or hydrant leads at locations where existing utilities and trees cannot facilitate open cut trench method. The Contractor’s choice of method of installation shall be approved by the Contract Administrator and shall include:

supplying shop drawings;

excavation in all materials, dewatering, test pits for exposing utilities, sheathing, shoring, support of existing utilities, watermain, restrained joints, support blocking;

construction compound and workshafts;

supply and installation of unshrinkable backfill, and;

temporary restoration of roadways, sidewalks, concrete curb and gutter, permanent restoration of boulevards and driveways, and all other incidental work to complete the installation by tunnel method.

Dewatering


Measurement of watermains shall be by length in metres along the horizontal centreline of the pipe. No deductions shall be made for valves that are installed along the watermain or filler pieces at the connection point.

For measurement purposes, a count shall be made of the number of valves installed.

136 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



For measurement purposes, a count shall be made of the number of anchor tee and valves installed, regardless of size.

Basis of Payment

Payment at the Contract Price shall be full compensation for all labour, Equipment and Material to do the Work. Payment up to 85 per cent of the unit cost will be made upon completion of the watermain and large diameter water service installation, including backfill and temporary restoration, 5 per cent will be paid upon successful watermain commissioning, and payment for the remaining 10 per cent of the unit cost will be made upon completion of permanent restoration.

Where the removal, disposal, backfill and restoration for the test pits are included in other tender items, the payment for the work shall be under the appropriate tender items.

Temporary valves or anchor tees required for the installation of the watermains or large diameter water services shall be considered incidental to the Work. No separate payment shall be made.

10. Portable Changeable Message Sign – GN127SP

Special Provision September 2018 Portable changeable message signs are proposed at the following locations:

Street Name at Street Name Display Panel Size

Deevale Road Exbury Road 1200x2000

Roding Street @ Entrance to Arena and Community Center

1200x2000

Julien Road @ Pierre Laporte Middle School 1200x2000

Richard Clark Drive Calais Avenue 1200x2000

Calais Avenue Parking Lot Entrance to Park off Calais Avenue

1200x2000

The final location and dimension of message sign shall be coordinated with Work Zone Traffic Coordinator.

The Contractor shall, in consultation with the Contract Administrator, determine the exact location taking into account obstructions, sight lines and right of way limitations. The Contract Administrator may request that the Portable Changeable Message Signs (PCMS) be relocated a maximum of three (3) times each at no extra cost to the City. Upon request, the Contractor must relocate the PCMS sign within 12 hours of being notified.

137 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



SCOPE

This special provision details the requirements for trailer mounted Portable Changeable Message Signs (PCMS). The Contractor shall supply and place the signs one week in advance of the Work.

REFERENCES

This Special Provision refers to the following standards, specifications or publications:

National Transportation Communications for ITS Protocol (NTCIP):

NTCIP 1203 v03 Dynamic Message Signs

DEFINITIONS

For the purpose of this Special Provision, the following definitions apply:

Pixel: means an assembly of LEDs that collectively form an image-forming unit. All LEDs in a pixel are turned on or off in unison.

PCMS: means trailer mounted, Portable Changeable Message Sign that includes sign structure, signcase, display elements, photocell sensor, CMS controller, and all other associated mechanisms and equipment required to form an operational display.

EQUIPMENT

Display

The PCMS display panel shall be small (urban) full matrix display meeting the following dimensions:

Width: 1000 to 1400 mm

Height: 1900 to 2300 mm

Larger PCMS units may be used if the desired location is suitable and approved by the Contract Administrator.

The PCMS shall incorporate a full matrix display of a minimum 30 x 55 pixels with 4 LEDs per pixel. The PCMS shall be capable of displaying a minimum of 12 characters per line at a minimum of three lines per panel.

The PCMS display shall be capable of rotating 360 degrees for multiple display options.

The PCMS shall incorporate a photo sensor system to provide automatic control of the display luminance as a function of the ambient illumination level. Messages displayed on the PCMS shall be legible from 50 to 300 metres in all ambient light conditions.

138 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Signcase

The display elements and associated electronics shall be housed in weather-tight aluminum housing, designed to provide protection from solar radiation, water, dust, dirt and salt spray.

The sign face shall be constructed of non-glare, scratch resistant, high impact, ultraviolet radiation stabilized, polycarbonate sheeting. The polycarbonate sheets shall be hinged and prop rod secured to allow easy access to internal sign components for service and repair.

Trailer Mounting

The maximum dimensions of the Portable Changeable Message Sign while in display mode shall be as follows:

Maximum overall operating height = 4.3 m

Maximum overall width = 2.0 m

Maximum overall length = 3.8 m

Transportation

The PCMS shall be designed for towing at highway speeds. The PCMS shall incorporate a 50mm coupler or 75 mm pintle eye for easy towing and shall be adjustable in height from ground level.

Security

Wheel locks and other measures shall be provided to maintain the security of the PCMS on site. The sign case, battery enclosures and controller enclosures shall each be securely locked. Three (3) sets of master keys are to be provided for all locked components. The trailer should have a provision for securing it with a permanent structure or fixed object by a chain and lock. The PCMS shall be supplied with a chain and padlock.

The enclosure shall allow storage area for the chain/padlocks/wheel locks, etc. to be stored when not in use.

Lighting System

A 12 VDC lighting system shall be provided for the PCMS trailer and shall include tail lights, stop lights, clearance markers and license plate lights.

Paint

The PCMS and trailer assembly shall be painted construction orange.

139 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Electrical System

All electrical/electronic components shall be of modular, interchangeable, plug-in type fabrication and shall be standard manufacturers’ components and CSA certified, where possible. If no CSA standards are available for a proposed component, other standards organization certification may be substituted with the approval of the Construction Administrator.

The PCMS shall be designed to continuously operate on solar power and deep cycle batteries such that there is no requirement for external charging. The fully charged deep cycle battery pack shall be capable of powering the PCMS for 21 consecutive days (with 24 hour operation, full intensity, and at 50% pixel operation) without charging from the solar panel or any external source.

Local Control Hardware

The local controller for the PCMS shall be fully NTCIP compliant and shall be powered by the 12V DC battery system. The local controller shall have a high contrast LCD display screen and a standard 84 keyboard with a flexible waterproof cover or a high contrast or colour LCD pressure-sensitive display screen or a hand held controller capable of quick programming.

PCMS Software

All message operations for the PCMS are to be controlled locally.

CONSTRUCTION

The signs shall provide up-to-date information regarding the Work, road closures and delays to the travelling public. The message shall be reviewed and updated on a daily basis in order to provide accurate information to the public. The wording of all messages on each sign shall be approved by the Contract Administrator.

MEASUREMENT FOR PAYMENT

For measurement purposes, a count shall be made of the number of PCMS units required to be in operation per month during the Contract Time.

BASIS OF PAYMENT

Payment at the Contract Price shall be full compensation for all labour, Equipment and Material to do the Work. Payment shall include supply, place, operate, maintain, update message board, relocate and removal of the PCMS units.

11. Small Diameter Water Service Installation – WM203SP

Special Provision September 2018

140 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Installation of Small Diameter Water Services

Installation of water services shall be according to T-1104.01, T-1104.02-1 or T-1104.02-3.

A service saddles is required for 19 mm, 25 mm, 32 mm, 38 mm and 50 mm diameter main stops on new or existing metallic, asbestos or plastic watermain pipes.

Water service connections, 50 mm and smaller are to be connected to the new watermain under pressure, that is to say wet tapping not dry tapping.

The installation of small diameter water services, 19 to 50 mm, shall be by trenchless methods such as auger or torpedo method with a typical installation consisting of an excavation at the City's watermain and an excavation in the sidewalk or boulevard at street line for augering or torpedo purposes. No two water service connections shall be installed in the same auger hole. All excavations required for trenchless construction shall following supplementary specification GN128SS – Tree Protection.

Any additional road cuts must be approved by the Contract Administrator prior to commencement of work. Additional road cuts other than the road cut over the City watermain will be at no extra cost to the City.

In instances where the new water service is installed in the same location as the existing service, the Contractor shall disconnect the old water service by excavating at the water main where the service is connected, shut the existing main stop, and cut and plug the existing water service pipe. In case of a driven nipple, it should be plugged, or a sleeve repair used around the main to cover the nipple’s hole.

The abandoned water service curb box and rod shall be removed regardless of whether they are found inside or outside of the excavation for the work to install the new service.

Substandard Water Services

Water services less than 19 mm in diameter shall be removed and replaced with 19 mm diameter copper services between the watermain and the property line.

Lead and galvanized water services that are 19 mm or larger in diameter shall be removed and replaced with the same size copper services between the watermain and the property line.

Exposed copper services 19 mm or larger in diameter shall be removed and replaced only if they are found to be in unsatisfactory condition as determined by the Contract Administrator.

If a 19 mm water service is to be replaced and the distance is greater than 20 metres to the existing building, the service shall be replaced with a 25 mm diameter copper service.

Double Water Services

141 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



If, in the course of undertaking a service installation, it is determined by the Contract Administrator that the service being replaced is a double or wye service serving two properties, the Contractor shall install a service to the second property at the Contract Price for water service installation. The water services shall be installed in separately augured holes.

New Water Services

New water services 50 mm diameter and smaller, shall be Type K soft copper between the street line and new watermain or as shown on the Contract Drawings including:

• excavation and disposal of excess material;

• augering;

• pipe material, cathodic protection, service saddles, main stops, curb stops, couplings, service boxes and rods;

• connection of new water service to existing water service at street line;

• connection of new water service to new watermain;

• backfill;

• permananent restoration for concrete and asphalt sidewalks, curb and roadway; and

• permanent restoration of all existing landscaping, sodding, fences, river stone, gardens, decorative rocks, vegetation, interlock stone/lock stone, unit pavers, concrete and asphalt walkways or driveways (all types) to pre-construction conditions or better.

Existing Water Services

Existing water services 50 mm diameter and smaller which are to remain in place shall be reconnected to the new watermain or as shown on the Contract Drawings including:

• excavation and disposal of excess material and extension pipe;

• pipe material, cathodic protection, service saddles, main stops, couplings;

• connection of new water service to existing water service;

• backfill;

• permananent restoration for concrete and asphalt sidewalks, curb and roadway; and

• permanent restoration of all existing landscaping, sodding, fences, river stone, gardens, decorative rocks, vegetation, interlock stone/lock stone, unit pavers, concrete and asphalt walkways or driveways (all types) to pre-construction conditions or better.

142 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Connecting New or Existing Small Diameter Water Serivces to New Watemains

Any new or existing small diameter water services cannot be transferred until the new watermain is chlorinated, disinfected, pressure tested, and all bacteriological tests have passed.

For reconnecting existing water services, flush prior to connecting to the existing water service. Couplings are not permitted on new water services.

Bedding and Cover Material

Bedding and cover material shall be Granular A (free of (RAP); reclaimed asphalt pavement) according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates - Base, Subbase, Select Subgrade and Backfill Material (April 2013) and compacted in 150 mm layers to 98% of maximum dry density.

Unshrinkable fill according to TS 13.10 – Construction Specification for Unshrinkable Fill shall be used as backfill under hard surfaces such as asphalt, concrete, interlock stone and Granular B Type II or select native material at all other locations.

All excavations in boulevard sodded areas shall be restored with imported 100 mm topsoil and sod to original condition or better. The Contractor shall roll all newly placed sod and water the sod as required to obtain growth acceptable to the Contract Administrator. Sodded areas will not be accepted until growth acceptable to the Contract Administrator has been established. The Contractor shall re-grade the boulevard back to the original condition or better and approved by the Contract Administrator prior to topsoil and sodding.

Curbs Stops

The curb stop shall be located at the street line. The Contractor shall be responsible for verifying that all service curb stops are operational. Curb stops to be checked in advance of the construction of the main line watermain. In the event that the curb stop is not operational, the Contractor shall notify the Contract Administrator immediately.

The Contractor shall note that some addresses do not have visible water service valves or curb stops. At these locations, either the water service valve or curb stop is buried or no valve or curb stop exists. The Contractor shall include all added cost incurred to locate services and buried valves prior to construction and to make such connections from the new water services to the existing water services in their Contract Price. No separate payment shall be made.

Water Service Crossings

The Contractor shall determine the size of all existing water services which cross over or under the new mainline watermain constructed and verify the size of tees or saddles or both required on the new mainline watermain.

143 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Construction Constraints

The Contractor shall note that due to the nature of the existing businesses within the contract limits, the connection between the new water services and the existing water services for businesses shall be done at night from midnight to 5 a.m. or after business hours such as on weekends and shall be approved by the Contract Administrator.

The connection of new water services shall be co-ordinated with the affected property owners and businesses, at least 48 hours prior to connection, with minimum inconvenience and delay to the property owners and businesses. The Contractor will be required to notify and co-ordinate with the property owners and businesses. The Contractor shall schedule the relocating and reconnection of watermains and water services to minimize the disruption of water supply.

The Contractor shall note that some properties are being developed within the contract limits. The Contractor shall be responsible for all coordination with the developer for the removal of barriers, hoarding, and so forth in order to make the connection between the new water services and the existing water services.

The Contractor shall include the cost of such connections in their Contract Price. No separate payment shall be made.


For measurement purposes, a count shall be made of the number of water service connections installed.

Basis of Payment

Payment at the Contract Price shall be full compensation for all labour, Equipment and Material to do the Work for various sizes and classes of pipe.

12. Test Pits to Determine Location, Size and Material of Water Services – WM206SP

Special Provision April 2017 Some of the City water service records for water services within the contract limits do not indicate the material or size or both of the water service or from which watermain they are feeding off of. The Contractor shall be required to excavate test pits to determine the material and size of these services. The method of excavation can be by hand, mechanical or Hydrovac method.

The test pits shall be excavated at the existing watermain or at the property line to minimize disturbance of existing roads, sidewalks and boulevards.

The test pits to determine the location, size and material of the water services shall include the following:

144 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• excavation, sheathing, shoring, trench dewatering;

• the removal and disposal off site of asphalt pavement, concrete road base, brick gutter, concrete or asphalt curb, curb and gutter, monolithic curb and sidewalk, sidewalk, crosswalks, walkways, flag stone, boulevards, driveways and entrances (all thicknesses);

• remove and salvage existing unit pavers and interlock stone;

• protecting and supporting of adjacent components that shall remain during and after the work including existing structures, sewers, laterals and watermains, services and utilities, light poles, hydro and traffic signal poles, hand wells, maintenance holes, catch basins, retaining walls, curbs, road base, driveways, sidewalks, crosswalks, walkways, valve boxes, signs and posts, fences, bollards, gardens, decorative stones, garden edging and vegetation, trees, residential sprinkler systems and lighting systems. Any damage to existing components shall be properly repaired at no extra cost to the City;

• disposal of excavated material off site;

• the supply, placing and compacting of unshrinkable fill according to TS 13.10 - Specification for Unshrinkable Fill under hard surfaces such as asphalt, concrete, interlock stone and Granular B Type II or select native material at all other locations for backfilling;

• the installation and maintenance of permananent restoration for concrete and asphalt sidewalks, curb and roadway; and

• permanent restoration of all existing landscaping, sodding, fences, river stone, gardens, decorative rocks, vegetation, interlock stone or lock stone, unit pavers, concrete and asphalt walkways or driveways (all types), sodding to pre-construction conditions or better.

A minimum of 300 mm of compacted Granular A (free of RAP; reclaimed asphalt pavement) material shall be placed around any water services before unshrinkable fill is placed.



For measurement purposes, a count shall be made of the number of test pits completed.

Basis of Payment


145 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



No payment shall be made for water services that the Contract Administrator has already identified for replacement. If the Contract Administrator determines that the water service is in need of replacement, no payment shall be made for the test pit and all costs associated with the excavation shall be included in the Contract Price for the replacement of existing water services.

13. Replace Non-operational Water Service Curb Stops – WM207SP

Special Provision April 2017 The curb stops shall be located at the street line according to T-1104.01, T-1104.02-1 and T-1105.02-1. The Contractor shall be responsible for ensuring that the existing service curb stops that are not being replaced are operational. In the event that the existing curb stop is not operational, the Contractor shall replace existing curb stops that are not operational with new curb stops for water services 50 mm in diameter and smaller that are not identified for replacement on the Contract Drawings.

The installation of new curb stops 50 mm in diameter and smaller shall include:

• excavation, dewatering, sheathing, shoring;

• supplying all materials, junctions, copper pipe, couplings, blocking, curb stops and boxes, fittings;

• connection to existing services, chlorine residual testing, disposal of excavated material;

• disposal of existing service pipe, blocking, curb stops and boxes;

• the removal and disposal off site of concrete or asphalt curb, curb and gutter, monolithiccurb and sidewalk, sidewalk, walkways, flag stone, boulevards, driveways and entrances (all thicknesses);


• protecting and supporting of adjacent components that shall remain during and after the work including existing structures, sewers, laterals and watermains, services and utilities, light poles, hydro and traffic signal poles, hand wells, maintenance holes, catch basins, retaining walls, curbs, road base, driveways, sidewalks, crosswalks, walkways, valve boxes, signs and posts, fences, bollards, gardens, decorative stones, garden edging and vegetation, trees, residential sprinkler systems and lighting systems, any damage to existing components shall be properly repaired at no extra cost to the City;

• the supply, placing and compacting of bedding, cover and backfill material;

• the installation and maintenance of permananent restoration for concrete and asphalt sidewalks; and

146 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• permanent restoration of all existing landscaping, sodding, fences, river stone, gardens, decorative rocks, vegetation, interlock stone, unit pavers, concrete and asphalt walkways or driveways (all types), sodding to pre-construction conditions or better and all other items of work to complete the service connections.

Under normal circumstances, the curb stop shall be located at street line. Should there be an obstruction such as a tree, fence, wall or hard landscaping, then the Contractor shall extend the City owned portion beyond the street line onto private property. The Contractor shall notify the property owner.

No payment shall be made under this item for water services that the City has identified for replacement. If the water service is to be replaced, all costs associated with the replacement of curb stops and boxes shall be included in the Contract Price for the replacement of existing copper water service pipe and no separate payment shall be made.

Basis of Payment


14. Sewer and Sewer Service Installation – SW301SP

Special Provision September 2018 Installation

The installation of sewer pipe, maintenance holes, catch basins, catch basin leads and sewer laterals shall include:

• excavation, sheathing, shoring, and trench dewatering;

• the removal and disposal off site of asphalt pavement, concrete road base, brick gutter, concrete or asphalt curb, curb and gutter, monolithic curb and sidewalk, sidewalk, crosswalks, walkways, flag stone, boulevards, driveways and entrances (all thicknesses);


• protecting and supporting of adjacent components that shall remain during and after the work including, existing structures, sewers, laterals and watermains, services and utilities, light poles, hydro and traffic signal poles, hand wells, maintenance holes, catch basins, retaining walls, curbs, road base, driveways, sidewalks, crosswalks, walkways, valve boxes, signs and posts, fences, landscaping walls, bollards, gardens, decorative stones, garden edging and vegetation, residential sprinkler systems and lighting systems, any damage to existing components shall be repaired at no extra cost to the City;

• removal and disposal off-site of trench excavation including unshrinkable fill or concrete bedding according to TS 2.10 – Construction Specification for General Excavation;

147 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• removal and disposal of existing sewer pipe, maintenance holes, catch basins and other appurtenances where indicated on the Contract Drawings or encountered during installation of new sewers or both;

• control of sewage flow during construction with bypass pumping shall be according to TS 4.01 – Construction Specification for Sewer Bypass Flow Pumping;

• supply and installation of sewer pipe, maintenance holes, catch basins and catch basin leads complete with gaskets and fittings;

• supply and installation of sewer laterals by open cut or augering;

• supply and installation of all tees for services, couplings, adopters, Kor-N-Seals and all components and pieces of pipes in various locations;

• connect service connections to new sewers according to TS 410 – Amendment to OPSS 410 (Nov 2012) – Construction Specification for Pipe Sewer Installation in Open Cut;

• coring into existing maintenance holes, catchbasins and existings sewers shall be according to TS 410 – Amendment to OPSS 410 (Nov 2012) – Construction Specification for Pipe Sewer Installation in Open Cut;

• connections to maintenance holes, catch basins and sewers shall be by core drilling;

• connecting sewer laterials to existing sewers shall be with verical bends;

• supply and placement of embedment or bedding material, cover material and backfill as specified in the Contract Documents (Note: Where Granular A material is specified in this special provision, it shall be from a source that is free of reclaimed asphalt pavement (RAP) and according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates – Base, Subbase, Select Subgrade and Backfill Material (April 2013));

• supply and placement of unshrinkable fill according to TS 13.10 – Construction Specifcation for Unshrinkable Fill;

• the installation and maintenance of permananent restoration for concrete and asphalt sidewalks, curb and roadway; and

• permanent restoration of all existing landscaping, sod, fences, river stone, gardens, decorative rocks, vegetation, interlock stone or lock stone, unit pavers, concrete and asphalt walkways or driveways (all types), to pre-construction conditions or better.

Flexible Pipe

Embedment material as it relates to flexible pipe from the bottom of the trench to the bottom of the backfill shall be Granular A Native or Granular A RCM according to TS 1010 (April

148 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates - Base, Subbase, Select Subgrade, and Backfill Material (April 2013). The embedment material shall extend a minimum 200 mm below the pipe invert and extend 300 mm above the top of the pipe. The material shall be worked carefully under the sides of the pipe and compacted in 150 mm layers to 98% of maximum dry density with light equipment by hand so as not to damage the pipe or alter its installation in anyway. Recycled granular material shall not be used for embedment material.

The embedment and backfill shall be according to OPSD 802.010 Type 3soil.

Rigid Pipe

Bedding material used to support rigid pipe shall be Granular A Native or Granular A RCM according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates - Base, Subbase, Select Subgrade, and Backfill Material (April 2013). The bedding material shall be compacted by approved mechanical means in 150 mm layers to 98% of maximum dry density.

The pipe bedding, cover and backfill shall be according to OPSD 802.031 Class B bedding.

Cover Material

Cover material placed from the top of the bedding to the bottom of the backfill for rigid pipe shall be Granular A compacted by approved mechanical means in 150 mm layers to 95% of maximum dry density.

Backfill Material

Backfill material used above the embedment or cover material and below the lower of the subgrade or finished grade or the ground shall be unshrinkable fill when under concrete and asphalt sidewalks, curb, roadway, and when trenches are under 1.2 m wide. When trenches are over 1.2 m wide, backfill material shall be Granular ‘A’ or as specified on the Contract Drawings. Backfill material in other areas other than roadway shall be Granular B Type II according to TS 1010 compacted by approved mechanical means in 150 mm layers to 98% of maximum dry density.

Trench Box

The use of trench boxes is permitted within the roadway on this Contract.

Sewer Service Installation and Connections

Prior to installing the sewer service lateral tees in the sewer mainline pipe, the Contractor shall confirm the location of all existing sewer service laterals.

During the installation of new sewer service connections, the Contractor shall ensure that the sewerage flow in the connection is free flowing, so that no sewage flows back into the houses. Should sewage backup into the houses, all damage caused shall be rectified at the

149 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Contractor’s own expense. Prior to the installation of any sewer service connection, the Contractor shall ensure that the sewer service connection upstream of the new connection is clear of all debris and free flowing.

Where laterals are being replaced as part of the mainline sewer installation, all existing dual connections (wye connections) shall be removed and two separate connections shall be installed in two separate trenches. New sanitary service connections to single family and semi-detached dwellings shall be individual service connections. No dual connections are permitted.

When substandard laterals or laterals in poor condition are encountered during the installation of adjacent infrastructure, the Contractor shall notify the Contract Administrator for direction.

Minimum trench widths shall be as specified in the Contract Documents.

The Contractor shall install a cleanout for each service connection at the property line and extend the proposed sewer service lateral to meet the existing sewer lateral inside the private property. The Contractor shall co-ordinate with the affect property owners regarding this construction. The additional cost to plug and disconnect the existing lateral and install a bend where the proposed lateral meets the existing lateral shall be included in the Contract Price for the sewer service lateral installation. No separate payment shall be made.

The Contractor shall excavate the trench using non-mechanical methods where utility congestion is present. The cost for non-mechanical excavation shall be included in the cost for sewer service lateral connection installation. No separate payment shall be made.

Any existing water service requiring replacement shall be installed to maintain a minimum 2.5 m horizontal or 0.5 m vertical clearance from the sewer service lateral. No separate payment shall be made for adhering to this requirement.

Temporary Restoration

The Contractor shall complete temporary restoration of all roadways including curb, and curb and gutter upon completion of the sewer installation and backfill operation for every 100 m or at end of each Working Day of sewer construction, even before work is started on installation of the sewer services.

For more requirements on temporary and permanent trench restoration see supplementary specification GN121SS.


Measurement for payment shall be according to TS 410 and shall include the connection of new and/or existing laterals to new and/or existing mainline sewers. Depth will be measured from invert of pipe to top of ground elevation.

150 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Basis of Payment


Payment up to 90 per cent of the unit cost will be made upon completion of the sewer and sewer service installation, including backfill and temporary restoration while payment for the remaining 10 per cent of the unit cost will be made upon completion of permanent restoration.

15. Trench Stabilization – SW305SP

Special Provision October 2016 Should the Contractor encounter an unstable trench condition, the Contractor must immediately stop their operation, notify the Contract Administrator of the condition, and only proceed when approved to do so by the Contract Administrator.

The work of trench stabilization shall include:

• Additional sub-excavation;

• Supply and placement of Terrafix 270R non-woven geotextile unless otherwise noted, or an approved equivalent, overlapped a minimum of 600 mm;

• Granular A (free of RAP; reclaimed asphalt pavement) according to TS 1010 to a depth of 300 mm for the full width of the trench; and

• Disposal of excess material.

Basis of Payment


16. Rock and Shale Excavation – SW307SP

Special Provision October 2016 The Contractor could during excavation or trenching encounter rock and shale during the installation of the following:

• sanitary and storm pipe sewers, pipe culverts and end sections, forcemains and associated appurtenances;

• watermains and associated appurtenances;

• underground utilities; and

151 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• maintenance holes, catch basins, ditch inlets, and valve chambers.

The Contractor shall refer to the geotechnical report included in the Contract Documents which identify the presence of rock or shale at various locations in this project.

Should bedrock be encountered, it should be removed by chipping. Under no circumstances will blasting or other methods causing vibrations to nearby structures be permitted.

The rock surface shall be cleaned by mechanical and manual means to provide a sound, and un-shattered surface free of loose rock, rock fragments, earth and debris.

Basis of Payment

All costs associated with the removal of rocks smaller than 1 m³ in size shall be considered incidental to all related items of Work. No separate payment shall be made.

Payment for the removal of rocks larger than 1 m³ in size shall be paid under the appropriate bid items and shall include the full compensation for all labour, Equipment and Material to do the Work.

17. Soft Spot Repairs – RD408SP

Special Provision September 2018 When the Contractor identifies soft areas that have developed after the main excavation operation has been completed, the Contractor shall notify the Contract Administrator immediately. The Contractor shall demarcate the width, length and depth of the soft spot for removal. Soft spots identified and locations approved by the Contract Administrator during the main excavation operation shall be considered as General Excavation.

In either case, the over excavated area shall be backfilled in the following manner:

• If the existing ground is still unstable, the Contractor shall place geotextile fabric over the entire section. If the area has stabilized, the geotextile fabric shall not be required at this stage.

• The over excavated area shall be backfilled with 50 mm crushed aggregate according to TS 1010 or other suitable material determined by the Contract Administrator to the subgrade elevation;

• Geotextile fabric shall be placed across the section, the fabric material shall be according to Terrafix 270R non-woven or approved equivalent

• The geotextile fabric shall be immediately covered with the full depth of granular road base as specified in the Contract Documents, to provide the maximum stability possible.

152 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• If possible, the Contractor shall barricade off the area until such time as the pavement is placed.

Basis of Payment

Payment for soft spot removal (excavation), placement of geotextile fabric, supply and placement of granular material shall be according to the respective Contract Price.

Non-Standard Special Provisions 1. Award of Contract – SP1

Non-Standard Special Provision April 2019 The award of the Contract is contingent upon the City obtaining all approvals.

The award of this Contract is also contingent on City of Toronto Council approving the funding.

2. Tender Document Drawings – SP2

Non-Standard Special Provision April 2019 Figured dimensions on the drawings shall govern in all cases. Under no circumstances shall the Contractor scale dimensions from the drawings for use in any aspect of the work. Should the Contractor find any error or omission with regards to dimensions, the Contract Administrator shall be contacted for instructions before proceeding.

Following award of the Contract, the Owner will provide the successful Contractor with six (6) copies of the drawings and the tender documents at no cost. Any subsequent copies will be provided to the Contractor at the cost of printing, handling, and shipping. Digital copy of drawings will be provided to contractor upon receipt of executed agreement between the Contractor and the Consultant.

3. Identification of Local MECP Office – SP3

Non-Standard Special Provision April 2019 Ministry of the Environment, Conservation and Parks (MECP) office location is 5775 Yonge Street, North York, Ontario M2N 4J1, Tel: (416) 326-6700.

4. Contractor’s Representative On-Site – SP4

Non-Standard Special Provision April 2019 Further to General Condition 7.01.09 the Contractor shall have a representative on-site at all times when work is being undertaken by their own work force and/or by their Sub-contractor. This representative shall have the authority to direct the work of any Sub-contractor, to accept and implement changes to the construction as directed by the Contract Administrator and the authority to sign daily work records and extra work records on behalf of the Contractor.

153 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Should the Contractor not have an onsite representative meeting the above requirements all work shall stop and shall be rescheduled for a time when the Contractor does have an onsite representative meeting the above requirements.

5. Change Management – SP5

Non-Standard Special Provision April 2019 The following requirements are in addition to/supplementary to the requirements of General Condition 3.11 and 3.14. Where there is any conflict or contradiction between the General Condition and the Special Provision the more stringent of the requirements in the interpretation of the Contract Administrator shall apply. Issues that are related to minor Contract Interpretation can be dealt directly with the Contract Administrator’s Representative. If the issue deals with matters beyond this, the Contractor shall refer to the Contract Administrator or the Contractor shall have the Contract Administrator’s Representative contact the Contract Administrator for a resolution.

Any issue that results in a deviation or change from the Contract Drawings or documents must have written approval from the Contract Administrator prior to the implementation. Any Works installed that deviate or are changed from what is shown in the Contract Drawings or documents without prior approval from the Contract Administrator are not eligible for payment.

Additional permits and approvals or revisions to existing permits and approvals may be required as a result of a change. Additional permits and/or approvals or revisions to existing permits and/or approvals resulting from changes proposed by the Contractor shall be the responsibility of the Contractor. Any delay claims or cost associated with a change to the Contract Documents proposed by the Contractor shall be borne by the Contractor. No separate payment will be made.

Any misunderstandings or differences of opinion between the Contract Administrator’s Representative and the Contractor shall be resolved promptly, fairly, and within the scope of the documents. Issues that cannot be resolved at the field level should be escalated to the Contract Administrator. All issues relating to cost, schedule, scope, or contract interpretation should be escalated to the Contract Administrator.

When the Contractor works with the Contract Administrator to resolve an issue, the Contractor shall follow the following protocol to ensure prompt responses. All correspondence and transmittals of documents or drawings, digital and hard copy, shall be sent directly to the Contract Administrator. Hard copies of all documents and transmittals shall be kept on Site.

The Contractor may request for Change in two ways. First, if the Contractor requires additional information or clarification, the Contractor shall submit to the Contract Administrator a Request for Information (RFI). Second, if the Contractor would like request for change to cost or schedule related items, the Contractor shall submit a Request for Change (RFC).

154 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Likewise, the Contract Administrator will utilize a number of ways to communicate to the Contractor. Items or issues that do not carry cost or schedule implications will be issued to the Contractor through a Field Instruction (FI). If the item or issue has cost or schedule implications, the Contract Administrator will issue either a Request for Quotation (RFQ), to cost the work, or a Change Directive (CD) authorizing the work.

If the Contractor feels that a Field Instruction has cost or schedule implication, they can submit a RFC to the Contract Administrator with justification requesting that Change.

Upon the final decision, to include it into the Contract, the Contract Administrator shall issue the Contractor a Change Order (CO) for signing and inclusion into the Contract.

The Contractor shall plan Work accordingly to ensure that the time of review does not hinder the Schedule. Failure to comply with the above requirements can result in the Contract Administrator stopping the Work until the required documentation has been completed.

Basis of Payment


6. Submittal Requirements – SP6

Non-Standard Special Provision April 2019 The Contractor shall submit to the Contract Administrator, all necessary submittals in accordance with the approved submittal schedule, and in orderly sequence, as to not delay the work. The Contractor shall not proceed with the work affected by the submittal until the submittal has been reviewed or approved by the Contract Administrator.

The Contractor shall review the submittals prior to submission to the Contract Administrator to ensure that all necessary requirements of that submittal are met and that no errors or omissions have been made. The Contractor shall check and initial all submittals before submission to the Contract Administrator. The review by the Contract Administrator does not relieve the Contractor of this responsibility. Should there be deviations in the submittal, the Contractor shall note this on the submittal.

Unless noted otherwise, the Contractor shall only submit electronic copies of submittals for review. Following the review, a digital copy of the response will be returned to the Contractor. Paper copies of specific submittals may be required, and the Contract Administrator will advise when and where that is applicable.

This review does not release the Contractor of responsibility for the proper installation and performance of any material or equipment nor from the liability to replace should some of it prove defective or deficient. Submittals marked “Exceptions Noted Re-submit” must be amended and re-submitted within 5 Working Days for review prior to proceeding or ordering to proceed. No order will be given for such work and such work will not proceed unless drawings have been returned marked either “No Exceptions Taken” or “Exceptions Noted”.

155 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Submittals marked as “Exceptions Noted” shall only proceed with the changes as noted. Should the review period be extended for any reason, no delay claim will be entertained.

All submittals shall have all units in metric. Where metric units are not produced, the Contractor shall write-in the converted metric values. Each submittal shall have a cover page providing the following information: Contractor name, Contractor’s contact title, date submitted, specifications or drawing referenced, location where equipment is to be installed, name of subcontractor or supplier. Upon approval, the Contractor shall not deviate from the approved submittal without written authorization from the Contract Administrator.

The Contractor shall allow for 10 working days for the Contract Administrator’s review of each submission. The Contractor shall plan Work accordingly to ensure that the review does not hinder the Schedule. Failure to submit required submittals shall result in the Contract Administrator stopping the work until the required submittals have been reviewed. The Contractor may not claim for any delay or cost that is the result of this stoppage of Work. The Cost for complying with these requirements shall be included in all appropriate Items.


No separate payment shall be made for complying with these requirements or as a result of any delay or costs that results by not complying with these requirements.

7. Submittal Schedule – SP7

Non-Standard Special Provision April 2019 Submittals shall be submitted to the Contract Administrator as per the following schedule in accordance with the Submittal Requirements. The Contractor shall note that the schedule below may not include all required submittals and shall review the specifications to ensure that all required submittals are completed.

The Contractor shall confirm with the Contract Administrator prior to the start of the Work, what submittals are required. The Contractor shall submit at the pre-construction meeting the following items:

• A schedule listing out all submittals to be submitted and when they will be submitted.

• The list of Contractor’s equipment with all necessary details and schedule rates in accordance to OPSS.PROV 127 (make, model type, specification references, capacity, horse power);

• The list of current labour rates for each category of workmanship;

The above noted items shall be submitted and approved in order for the first progress payment to be processed.

The following submittals shall also be submitted for the listed items prior to the start of the Work:

156 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• Erosin and Sediment Control Plan

• Baseline Construction Schedule and Work Plan

• Sanitary Sewer Cleaning and Inspection Plan

• Site Office Plan

• Maintenance of Flow Plan

• Arborist Report

• Tree Protection Plan

• Flood Control and Spill Response Plan

• Traffic Control and Protection Plan

• Truck Routing Plan

• Construction Staging Plan

• 24 Hour Emergency Contact List

• Delivery and Handling Truck Routing Plan

• Contractor’s Health and Safety Plan\Procedures

• Material Quality Control Plan

• Material Safety Data Sheets

• Stakeout Sheets of Existing Utilities

• Site Verification Survey

• Ministry of Labour Project Notice

• Dewatering Plan

• Proof of Site Office Insurance

• Shoring and Excavation Plan

• List of Proposed Disposal Facilities

• Methodology Statements as requested by owner/engineer

157 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The following submittal packages shall be prepared for the listed items and their associated materials and appurtenances for approval:

• Sewer Material and Appurtenances

• Maintenance Holes

• Catch Basins and Catch Basin Lead Material

• High Capacity Catch Basin inlets

• Inlet Control Devices

• Branch Connection Repair Plan

• Concrete Curb and Gutter Concrete Mix(es)

• Asphalt Mix(es)

• Granular Gradition and other quality control reports as required

• Trees/Shrubs Planting Plans

• Topsoil quality/sample data

• Seeding and Sodding

• Proposed Planting Sequence & Schedule

• Pond Workplan

• Inlet/Outfall/Headwall Structures and Appurtenances

• Retaining Wall Structures

• Armour Stone

• Riprap

• Guardrail

The following submittals shall be provided for the listed items upon their completion for review:

• Biweekly Schedule Updates

• Pre-Construction CCTV Inspection Report

• Post-Cleaning CCTV Inspection Report

158 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• Pre-Construction Condition Survey Reports

• Post-Construction Condition Survey Reports

• Pre-Construction Survey including site photos and comments

• Post-Construction Survey including site photos and comments

• Vibration Monitoring Test Reports

• Paid Duty Police Officer logs

• Material Quality Control Results

• As-built grades, elevations, and offsets of MHs and all services.

• Maintenance Hole Leakage Testing Report

• Sewer Leakage/Deflection Testing Report

• Dewatering Log

• Sewer Flows and Bypass Pump Operations Log

• Weather Conditions Log

• Testing and Commissioning Records

• Sewer Leakage\Deflection Testing Report

• Maintenance Hole Leakage Testing Report

Basis of Payment

All costs associated with this work shall be considered incidental to all related items of Work. No separate payment shall be made. No consideration for extra costs shall be considered where the Contractor does not submit the necessary submittals, workplans or other documentation as requested by the Contract Administrator.

8. Project Schedule – SP8

Non-Standard Special Provision April 2019 The Contractor shall, within twenty-one (21) calendar days of the Order to Commence, submit for the approval of the Contract Administrator,

a detailed baseline construction schedule that must comply with the Field Services Manual (FSM) and Capital Works Procedures requirements:

159 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



1. The Schedule must adhere to the Contract time of Substantial Performance and Completion dates;

2. The Schedule must show the logic and timing of major activities, proposed start dates, from the Order to Commence, and estimated duration for activities;

3. The Contractor must identify the critical path, the float, early start and late start in their schedule;

a. Float is defined as the amount of time an activity can be delayed or expanded before it impacts the specified completion date(s).

b. Float shall not be for the exclusive use of either the Contractor or the City\Contract Administrator.

c. In the event that the Contractor’s baseline or progress schedule(s) indicates completion prior to the stipulated overall Completion (or other milestone) date(s), such float shall not be for the exclusive use of either the Contractor or City\Contract Administrator.

d. Negative float is not permitted in the baseline schedule.

4. The schedule shall be completed in Primavera P6. The Schedule shall be presented in graphic (Gantt Chart) form, displaying activities or other Project elements down the left side of the chart, with dates across the top, and activity durations as horizontal bars locatedin time.

The Baseline Schedule shall include an appropriate level of detail as determined by the Contract Administrator. Failure to develop or update the Baseline Schedule or provide data to the Contract Administrator at the appropriate level of detail, as required by the Contract Administrator, shall result in the rejection of the schedule. The number of activities shall be sufficient to plan and control the work, and is subject to the Contract Administrator’s acceptance. The Contract Administrator reserves the right to limit or increase the number of activities in the schedule.

The Baseline Schedule shall show the sequence and interdependencies of construction and commissioning activities, as well as project-related activities reasonably required to complete the Work, and shall address the following at a minimum:

a) The Notice of Award;

b) The Order to Commence;

c) The Contractor’s commencement date;

d) Obtaining any applicable permits, design drawings, specifications and shop drawings submittals for early product procurement, and long lead time items;

160 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



e) Mobilization and other preliminary activities;

f) Site Access;

g) Any Preliminary Site Work as applicable;

h) Specified Work sequences, constraints, and Milestones, including Substantial Performance and Completion dates as well as any interim Contract milestones;

i) Type of Work to be performed by the Sub-Contractor(s) involved;

j) Major components of the Work and other relevant details, including at a minimum;

a. Activities related to each and all of the bid items, and all divisions of the work.

b. Time for review of working drawings and mix design submissions.

c. Submittals such as shop drawings having critical or near-critical schedule importance.

d. City and other activities that could impact progress.

e. Utilities.

f. Site Work.

g. Excavation of shafts and tunnels.

h. Pipe installation.

i. Major structural, equipment, and architectural work.

j. Construction of Maintenance Holes.

k. Installation of Equipment.

l. Stage Construction along route by chainage/station.

m. Pond Workplan

n. Instrumentation and Control work.

o. Testing, flushing and cleaning.

p. Restoration.

q. Project closeout and cleanup.

r. Mobilization and Demobilization.

161 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



s. Warranty Period

t. Final Acceptance

In addition to any Contract-specified milestones, an appropriate number of milestones and Level-of-Effort activities, as accepted or required by the Contract Administrator, shall be included to facilitate tracking of progress.

The activities defined in the Baseline Schedule shall represent the planned durations in anticipation of normal manpower and equipment utilization in durations of whole Working Days. Except for non-construction activities, such as procurement, delivery or submittals, no activity durations shall exceed 20 Working Days unless approved by the Contract Administrator.

Activity durations shall be determined based upon resource planning under contractually-defined On-Site Work conditions. In order to substantiate activity durations, the Contractor shall provide daily production and productivity assumptions including total units of work; labour and equipment hours per unit; crew sizes; limiting factors and equipment type.

In calculating activity durations, the effect of normal inclement weather on the various elements of the work shall be considered. For this Contract the Contractor shall build in a minimum of 10 inclement weather dates per year into the critical path. This rate is to be prorated for duration of the works where the Contract does not extend the entire year. The Contractor shall schedule the Work to minimize the effect of adverse weather, and to allow for protection of the Site from such effects.

The Baseline Schedule is to be a fully resource-loaded schedule, with dollars or as required by the City or Contract Administrator. The Contractor shall submit both PDFs and XER digital files for review by the Contract Administrator with each submission.

The Contractor will comply with the Contract Administrator’s instructions with respect to the method of resource loading for uploading into P6 scheduling software. Unless otherwise approved or instructed by the Contract Administrator, the required method will be to match the structure as defined with the Baseline Schedule.

The Contractor will be required to submit a monthly progress schedule to the Contract Administrator, matching actual work completed. The City will not process that or subsequent Payment Certificates until the progress schedule has been submitted, reviewed, and approved. Each Progress Schedule shall record and report data and report actual completion and start dates for each completed or in-progress activity, activity per cent complete for in-progress activities and forecast completion dates for all activities that are not yet complete. Logic connecting completed activities should reflect the actual sequence of the work as performed. Activity logic for completed activities will be adjusted as necessary to reflect actual as-built logic.

The Progress Schedule shall show the projected completion date of the Work based on the progress information inserted into it. The Contractor shall use the retained logic option when

162 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



executing schedule calculation. The Baseline Schedule (or an approved revision thereto) shall be shown as a target schedule to indicate whether the current progress schedule remains on target, has slipped or is ahead of schedule. The progress schedule shall include a chart showing projected vs actual and earned quantities input at an activity level to enable Earned Value variance reporting.

If it appears that the progress schedule submitted by the Contractor no longer represents the actual sequencing and progress of the Work, the Contract Administrator may instruct the Contractor to revise the Progress Schedule and or Baseline Schedule.

Upon the Completion, the Contractor shall submit a full as-built schedule with the application for Substantial Performance.

The Contractor shall be required to provide the Contract Administrator with a biweekly look-ahead schedule that updates/revises schedules at intervals of two weeks for the duration of the Contract. Updated/revised schedules shall include, in addition to requirements listed above, the following:

a) The schedule shall show the starting and completion dates of each section of the work;

b) The schedule must include all activities of the City, the Contract Administrator, or any other Contractor that are necessary for the Contractor to maintain orderly progress of the work in accordance with the Contract;

c) The schedule shall indicate all known impacts on the construction and what actions are being taken by the Contractor in order to ensure that the work will be brought back on schedule;

In the preparation of the schedule, the Contractor shall focus on the necessity of completing work in the specified time with the least impact on the community.

The express or implied acceptance by the City or Contract Administrator of the Baseline and any Progress Schedules shall not constitute an approval or acceptance of the Contractor’s construction means, methods, or sequencing or its ability to complete the Work in a timely manner, and shall not place any obligation or responsibility on the City toward the Contractor, nor shall it, in any way, limit or restrict the Contractor’s obligations and responsibilities under the Contract.


All costs associated with this Work are considered to be incidental to all related items of Work. Approval of the baseline schedule by the City and Contract Administrator is required to process payment to the Contractor for the mobilization line item. No separate payment shall be made.

163 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



9. Co-Ordination and Progress Meeting- SP9

Non-Standard Special Provision April 2019 The contractor shall attend regular meetings with the City of Toronto, Utility Companies such as Toronto Hydro, Toronto Transit Commission, and others as may be required by the Contract Administrator to coordinate services affected by the Contract and to monitor on-going administration and progress of the Contract. The Contractor shall bring a copy of the Contract specifications and prepare updated red-line drawings and biweekly look-ahead schedules for discussion during each meeting.

10. Change in Work Within or Outside the Contract Limits – SP10

Non-Standard Special Provision April 2019 Where the Contractor damages areas outside of the working limits or contract limits, and in the sole opinion of the Contract Administrator, this was not required to perform contract work, all costs associated with this shall be the complete responsibility of the Contractor.

Pre-approval from the Contract Administrator with the approval of the Owner is needed in order to proceed with any changes in work.

11. Contingency Allowance- SP11

Non-Standard Special Provision April 2019 This Provisional Sum is included in the Contract to cover the cost of any change in work required as directed by the Contract Administrator with the approval of the Owner. This item will only cover work that is not covered by a contract item in the Pricing Form. The work will be carried out and payments made on the basis outlined in Clause 3.11 of the General Conditions.

Pre-approval from the Contract Administrator with the approval of the Owner is needed in order to proceed with any changes in work.

12. Quality Assurance – SP12

Non-Standard Special Provision April 2019 Per GN111SS, the Contractor is responsible for all Quality Control testing on the Contract, however Quality Assurance by the Contract Adminsitrator will be completed on this Contract. Testing by the Contract Administrator shall in no way releave the Contractor of their Quality Control responsibilities.

The cost of all testing and inspection of materials for the purposes of Quality Assurance such as granular, concrete, and asphalt will be borne by the City of Toronto and arranged by the Contract Administrator.

Where remedial work is required as a result of failed tests, the site inspector must be notified

164 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



of such BEFORE the remedial work is started and all retest results (showing successful remediation) must be received by the site inspector before any further work is done on the item being tested.

The Contractor shall supply, at their own cost, to the Contract Administrator such materials, labour and other assistance as may be required to complete, procure, package and ship any test samples if required. The Contractor shall make known to the Contract Administrator the source of material at least one week prior to the time he proposes to use such material, unless otherwise specified in the Contract Documents.

The City's quality assurance process shall not relieve the Contractor of its responsibilities and obligations under this Contract. Any deficiency, omission or error identified by the City in the Quality Assurance process will be reported to the Contractor within two Working Days. The Contractor shall verify the information provided by the Owner, and make adjustments or corrections where necessary. There shall be no additional compensation or extension of Contract Time for the completion of the Quality Assurance works, including any and all correction of the Contractor's deficiencies, omissions or errors.


All costs arising from the above requirements shall be included in the appropriate unit price item in the Pricing Form.

If the tests show that the desired level of performance is not achieved, the Contractor must remove or reconstruct the rejected work as applicable and all subsequent testing shall be at the Contractor’s expense.

13. Site Office for The Contract Administrator – SP13

Non-Standard Special Provision April 2019 TS 1.10 is amended by the addition of the following section:

The Contractor must supply and erect a site office at a location approved by the Contract Administrator. The area must be maintained in a neat and tidy manner and restored to the original condition at the end of the Contract, to the satisfaction of the Contract Administrator.

If the designated location impacts on the construction methods to be used, then the Contractor must notify the Contract Administrator immediately so that an alternate location can be selected. Should the site office require relocation once construction has started, all costs of the relocation shall be borne by the Contractor.

The site office must provide a minimum interior floor area of 40.0 m2.

The Contractor shall provide separate high-speed DSL internet service in the site office.

The site office shall be provided with a minimum 100Amp service. Portable Generators shall be only be allowed for the duration at the start and end of the Contract while utility hook-ups

165 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



or disconnects are occurring.

FURNISHINGS

In addition to the requirements of TS 1.10, the site office shall be furnished with the following:

• Two (2) 750mm x 1350mm office desk;

• Two (2) wheeled office chairs;

• Three (3) 900mm by 2400 mm foldable tables;

• One (1) drawing table;

• Sixteen (16) padded chairs (folding chairs prohibited);

• Two (2) garbage receptacles;

• One (1) 610mm x 914 mm display case with a plexiglass cover for construction notices, emergency contact information, etc.;

• One (1) whiteboard, wall mounted, minimum 1200mm by 2400mm; and

• One (1) storage shelving unit.

EQUIPMENT

The field office shall be constructed and equipped as per current Occupational Health and Safety requirements, in addition to the requirements as listed in TS 1.10 with the following:

• A microwave;

• A mini-fridge;

• A supply of garbage bags;

• A supply of paper towels;

• A single serve\pod coffee maker;

• Two space heaters;

• A hard copy of all City of Toronto and Ontario Standard Specifications and Drawings and applicable ASTM and CSA standards.

• Item i) of TS 1.10.06 shall be replaced with: a printer, copier, scanner, equipped with adequate supply of consumables such as 8½ inch x 11 inch and 8½ inch x 17 inch paper, ink cartridges and toner cartridges;

166 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• Construction Site Health and Safety Procedures;

• Copies of all Permits and Approvals;

• Road Disruption Activity Reporting System (RoDARS);

• Traffic Management Plan,

• Copies of the Insurance and Bonds

14. Portable Washroom Facilities – SP14

Non-Standard Special Provision April 2019 The Contractor shall also provide separate temporary washroom facilities to the public during service interruption lasting more than six (6) hours to the same requirements for such facilities as specified under TS 1.10.

The facilities shall be kept in a clean condition, emptied regularly, and stocked with toilet paper, soap, and water daily.

Payment for all costs associated with providing public washroom including maintenance and cleaning shall be included in the associated unit price item provided in the Pricing Form. No separate measurement or payment will be made for any additional expense to the Contractor as a result of complying with the requirements and carrying out the work described above.

15. Truck Routing Plan- SP15

Non-Standard Special Provision April 2019 Truck routing shall be planned as to minimize the disturbances to residences, businesses, and institutions. The Contractor shall submit a proposed truck routing plan a minimum of two week prior to the start of the Work for review and approval.

No separate payment shall be made for complying with these requirements or as a result of any delay that results by not complying with these requirements.

16. Supply Tow Truck and Operator – SP16

Non-Standard Special Provision April 2019 Under this item, the Contractor shall supply a tow truck including operator where approved by the Contract Administrator, capable of moving vehicles from the construction zone that are interfering with the work.

The Contractor should note that the tow truck owner must be licensed and in good standing with the City of Toronto Licensing Commission, The City of Toronto License number must be submitted to this Department when the Sub-Contractors are listed.

167 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The tow truck operator will under all circumstances be directed by a paid duty police officer or a trained City of Toronto representative whenever towing will be carried out.

Towing shall be carried out in a manner so that vehicles will be relocated to a nearby location (i.e. around a side street) and not impounded. The Contractor shall be totally responsible for this operation and no claims for damages whatsoever will be entertained by the Contract Administrator.

The tow truck hours will be determined by the Contract Administrator's representative from the time the truck arrives on site until the time the truck leaves the site.


Payment for the use of Tow Truck and Operators shall be under the contingency allowance in the pricing form. The Contractor shall submit invoices of costs incurred. Contractor shall note that a 10% administrative markup shall be applied to the Tow Truck and Operator invoices and the Contractor shall not be allowed any other markups for the invoiced amounts.

17. Truck Weighing – SP17

Non-Standard Special Provision April 2019 In addition to the requirements of Item 14, Section 5A the City reserves the right to randomly verify the quantity of materials supplied in connection with the Contract. Prior to unloading, the Contract Administrator may direct any truck to pass over the weigh scales of a City of Toronto Maintenance Yard. Any truck so directed, shall hand over the weight tickets for the load being checked to a representative of the Contract Administrator and shall then proceed immediately to the specified Yard. If required, the empty truck shall return to the same scale so that the tare weight of the truck can be ascertained. If it is found that the weight indicated on the ticket differs from the weight measured in the above Yard by more than 1%, the Contract Administrator may exclude the truck from delivering material to the site for the remainder of the construction period under this Contract.

The Contractor shall note that any weigh tickets (e.g. for asphalt or stone) not collected at the time it was placed will not be accepted at any other time for payment. It shall be the Contractor’s responsibility to ensure that the weigh tickets are presented to the Contract Administrator at the time of placement for payment consideration. No separate payment shall be made for complying with these requirements.

18. Approval of Granular Material and Concrete Mix Operation – SP18

Non-Standard Special Provision April 2019 For the purposes of this Contract, and unless otherwise described on the Contract Drawings or elsewhere in this spec,

Granular A means a set of requirements for dense graded aggregates as defined in TS

168 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



1010;

Granular B means a set of requirements for well-graded aggregates as defined in TS 1010. Granular B may be either Type I or Type II. Unless specified otherwise, Granular B shall be assumed to mean Type I;

Unshrinkable Fill (ufill) means a self-compacting cement treated aggregate with flowable consistency and controlled low strength properties as defined in TS 13.10 1359

Concrete means a mixture of cementing materials as defined in TS 1350;

Grout means a mixture of cementing materials, with or without admixtures, and water as defined in TS 1350;

Mortar means a mixture a cementing materials, sand and water, with a butter-like consistency, as defined in TS 1350.

The use of Granular an RCM shall be per TS 1010. The use of Reclaimed Asphalt Pavement is strictly prohibited

Each Ready-Mix Concrete Operation used in the production of concrete shall be certified that it conforms to the applicable Standard Specification or that it meets the requirements of the Ready Mixed Concrete Association of Ontario for Concrete Plant Certification.

Prior to the start of the Work, the Contractor shall submit proposed mix designs and granular gradations to the Contract Administrator for approval.

A certified plant and a "back up" shall be named for use on the project for the Contract Administrator's approval. The aggregate source shall also be given in this submission for the Contract Administrator's approval. Once the plants and aggregate source(s) have been approved by the Contract Administrator, no other plants or sources of aggregate shall be used. Aggregate sources shall be from the Ministry of Transportation Ontario's approved "Aggregate Source List".

19. Materials from Designated Sources - SP19

Non-Standard Special Provision April 2019 The following materials shall be provided by the Contractor only from manufacturers and suppliers on the current Ministry of Transportation, Ontario “Manual of Designated Sources for Materials”. Other materials may be approved by the Contract Administrator.

• epoxy resin

• grout, non shrink

• admixtures for concrete

169 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• expansion joints

• reinforcing steel

• waterproofing

• all electrical cable and ducts

• pole anchorages

20. Work in Hazardous Areas – SP20

Non-Standard Special Provision April 2019 Before commencing the day's work, and while working in sewers areas which may contain an explosive, toxic, high Hydrogen Sulphide concentration, or oxygen-deficient atmosphere, the Contractor is to test for explosive or toxic gases or oxygen deficiency. If a hazardous condition is found, the Contractor is to make the work area safe before commencing or continuing work. Monitoring for explosive or toxic gases or oxygen deficiency shall be performed continuously throughout work in hazardous locations. The Contractor shall follow the City's Confined space policy and entry and permit procedures.

Use non-sparking tools in areas where an explosive atmosphere may exist.

Provide, mount, and maintain signs warning all of the hazards and of the proper procedures required for working in the hazardous areas.

Provide safety equipment such as ropes, safety belts, combustible/hazardous gas and oxygen depletion meter for the use of the resident inspection staff. Provide casual labour to resident inspection staff when entry is required to manholes or other areas which may be hazardous. Resident services staff is not allowed to enter such areas alone.

The Contractor, at no additional cost to the City, shall be responsible for meeting all requirements of this section.

21. Noise and Vibration Protocol – SP21

Non-Standard Special Provision April 2019 Noise and vibration shall be minimized in the work area as follows:

170 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



1. The Contractor shall abide by all applicable noise control bylaws and regulations. All costs associated with working within and outside of normal working hours, including obtaining noise by-law expemption permit, shall be included in the appropriate unit cost item; no separate payment will be made.

2. The Contractor shall endeavour to schedule all excessively noisy and vibratory construction operations to times when least disruptive to the particular location.

3. No trucks or equipment shall start or arrive onsite prior to the start of the working hours.

4. All engines and pneumatic devices shall be fitted with effective muffling devices, and be kept in good order.

5. Idling of equipment for period of time exceeding three minutes is prohibited; equipment shall be shut down.

6. The Contractor shall limit any queues of trucks to a maximum of three (3) trucks.

7. Audible warning devices and horns shall be limited to matters of safety, and should not be used as a means of communication.

8. Tailgate slamming of dump trucks shall be prohibited on this project. The Contractor shall inform all drivers of this requirement.

9. Construction equipment, including generators shall comply with the City of Toronto’s noise by-law at all times. Work conducted outside of normal working hours must be authorized with written consent by the Contract Administrator. All costs associated with working outside of normal working hours shall be included in the appropriate unit cost item; no separate payment will be made.

The Contractor shall report any complaints regarding construction noise to the Contract Administrator immediately upon receiving the complaint.

The City reserves the right to order the Contractor to terminate the use of equipment and/or personnel who do not observe the above-noted noise and vibration protocol.

22. Public Convenience and Safety – SP22

Non-Standard Special Provision April 2019 In carrying out the work, or any portion thereof, the convenience of the public must always be specially considered and provided for by the Contractor who must not obstruct any street, thoroughfare or pedestrian walkway longer or to any greater extent than is absolutely necessary in the opinion of the Contract Administrator and shall in no case tear up or open more of any street, roadway or place than is ordered or sanctioned by the Contract Administrator in writing.

171 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The Contractor is to provide safe, ample and convenient means of approach and entrance to adjoining lanes, driveways, buildings and property, both for vehicles and pedestrians, wherever necessary, and for passing along all roadways and foot-walks, and for crossing the same where it is practicable to do so, both during the prosecution of the works as well as at other times. Where necessary construct and maintain, in good and serviceable condition, suitable and convenient platforms, approaches, structures, bridges, crossings or other works to maintain access.

The Contractor is to ensure that all residents have access to their properties at all times. If access will be blocked for a period of time, the Contractor must make arrangements with the homeowner at least 48 hours in advance of any disruption. If access is blocked, it shall be for no longer than a 48-hour period. If access must be blocked for a period longer than 48 hours, then the Contractor shall make arrangements, and compensation where necessary, with the resident that are satisfactory to the resident. All arrangements made in this regard shall be communicated to the Contract Administrator and Field Ambassador. Particular attention will be required at night to ensure that safe access is maintained for all property owners.


The Contractor shall minimize the open excavation left at the end of each working day. When excavation is required to be left open overnight, the area shall be completely blocked off by means of a solid locking barrier.

The Contractor shall direct pedestrians, by the use of signs and barricades, to use the sidewalk on the opposite side of the ongoing construction and alternative park routes. During the reconstruction or resurfacing of the pavement, the Contractor shall ensure that all sidewalks are clear of debris and fully open to pedestrian traffic.

The Contractor shall control the pedestrian traffic by use of interlocking metal barriers and TC-54 Barrels with rail and/or tape.

The Contractor shall provide openings in the metal barrier at designated crossings only, or as directed by the Contract Administrator.

23. Snow Removal and Disposal – SP23

Non-Standard Special Provision April 2019 The Contractor shall be responsible for providing snow removal and disposal services to publicly accessible sidewalks and roads so as to maintain them in a safe condition clear of ice and snow, within the entire limits of the construction zone. De-icing salts shall be applied to sidewalks and roads accessible to the public, immediately upon visible accumulation. Sidewalks and roads shall be cleared of snow, to the satisfaction of the Contract Administrator, but not later than 8 hours after the end of a snowfall which results in

172 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



a 50mm accumulation or greater. In cases of extended snowfall, the Contractor shall provide snow removal, disposal, and salting as often as necessary to maintain safe access for vehicles and pedestrians, the frequency and degree of snow removal, disposal, and salting required shall be at the sole discretion of the Contract Administrator.


Payment for this item shall be on a time and material basis through Contingency Allowance.

The City will not entertain any costs associated with delay associated with any

snow removal or disposal work.

24. Excavation, Soil Types, and Support Systems – SP24

Non-Standard Special Provision April 2019 Appropriate support systems shall be provided for all excavations and shall protect and support the sides of the excavation to prevent undue disturbance or weakening of the supporting material adjacent to the works in accordance with the Occupational Health and Safety Act. The Contractor shall submit details for shoring, bracing, sloping or other provisions for worker protection from hazards. The submittal shall show design assumptions and calculations, methods and sequencing of installing excavation support, minimum lateral distance from the crest of slopes for vehicles, and anticipated difficulties and proposed solutions.

Open excavations located in the roadway shall be backfilled or made secure at the end of the day. Excavations remaining open, by prior written authorization of the Contract Administrator, shall be barricaded and structured so that should anyone fall into the excavation, there is a route of egress.

All vertical trenches shall be fully supported to surface; no cross-cutting of trench is permitted.

The Contractor shall review the Geotechnical Reports listed within Section 4 and shall follow the proposed methods associated with support systems.

Support systems shall be installed so that they can be removed during backfilling to prevent damage to the works and settlement of, or damage to, adjacent pavements, property, structures or other works.

The Contractor shall provide adequate support to the walls of the excavation and will not be entitled to any remuneration for the additional excavation, disposal of collapsed material, or additional backfill for over breaks or collapse of the walls.

All soils types are in accordance with the Occupational Health and Safety Act.

173 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




No separate payment shall be made for complying with these requirements or as a result of any delay or costs that results by not complying with these requirements.

25. Positive Excavation Support - SP25

Non-Standard Special Provision April 2019 This section contains the requirements to be met by the Contractor and its positive excavation support system design. The Contractor shall design, furnish and install the positive excavation support where called out on the Contract Drawings or where Type 4 soils are identified within the Geotechnical Report. The system shall be watertight in order to reduce potential settlement of nearby structures.

For the purposes of this Contract, a positive excavation support system is defined as an overburden excavation support system that is installed ahead of any excavation to provide positive ground support as the excavation proceeds. The intent of utilizing this type of support is to nullify any movement of the supported soils during the excavation process so as to ensure and guarantee no settlement of nearby structures.

Provide the following submittals:

• Positive excavation support plan.

• Positive excavation support movement monitoring plan.

• Positive excavation support movement measurement, data and reduced results indicating movement trends on weekly basis.

• Positive support abandonment plans, including backfilling and removal of support elements.

• Method of providing a watertight positive excavation support system.

All required submittals must be received and approved by the Contract Administrator at least 20 working days prior to beginning any associated installation or excavation

The Contractor shall submit the name of its positive excavation support system designer. In accordance with the Ontario Professional Engineers Act (R.S.O 1990, C. P.28), this individual must be a Professional Engineer licensed in the Province of Ontario. The Contractor shall also submit the name of the Sub-Contractor responsible for positive excavation support installation.

The Contractor shall submit a narrative along with shop and working drawings, signed and bearing the Professional Engineers Ontario seal of the positive excavation support system designer that shall describe all materials the Contractor proposes to use, and the method of construction and excavation intended in performing the work in this Section. The Contract

174 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Administrator will not review the submittal for adequacy of the design of the positive excavation support system. The Contract Administrator’s review will be to determine conformance to requirements of the Contract Documents.

Contractor to monitor movements of existing structures during construction in accordance to the Monitoring Movements of Existing Structures section of the specifications, regardless of dewatering activity.

Design, provide, and maintain a water tight positive excavation support system as necessary to support the sides of excavations and to prevent settlement and lateral movement of existing facilities, adjacent property, and completed Work.

Prepare positive excavation support plan addressing following topics:

• Details of shoring, bracing, sloping, or other provisions for worker protection from hazards of caving ground.

• Design assumptions and calculations.

• Methods and sequencing of installing excavation support.

• Minimum lateral distance from the crest of slopes for vehicles.

• Anticipated difficulties and proposed resolutions.

• All shop drawings and Contractor’s design shall be endorsed by a Professional Engineer.

Prepare movement monitoring plan addressing following topics:

• Survey control.

• Location of monitoring points.

• Plots of data trends.

• Interval between surveys.

Refer to Geotechnical Reports listed in Section 4 for additional information.

Positive excavation support systems shall be removed or left-in-place upon completion of the works. Positive excavation support systems shall be removed in a manner that will maintain support as excavation is backfilled that does not leave voids in the backfill and prevent damage to the works and settlement of, or damage to, adjacent pavements, property, structures or other works. Positive excavation support systems to be left-in place shall be terminated 2 meters below finished grade and restored to existing or better conditions.

Where voids behind positive excavation supports exist, fill with u-fill. Progressively fill with u-

175 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



fill as required as supports are removed.

Provide ALL trench excavations with adequate safety systems meeting the requirements of the latest edition of OHSA, applicable local construction safety orders, and federal requirements.

Payment for the design, installation, and removal of the positive excavation support system shall be made at the lump sum price bid and shall include the supply of all labour, materials, and equipment for saw cutting, removal and disposal of existing asphalt and concrete road base, removal and disposal of existing pipe, laterals, and maintenance holes as indicated on the Contract Drawings, excavation, and disposal of material.

It is the responsibility of the Contractor and its positive excavation support system designer to review the Drawings, Specifications, and existing site conditions prior to bidding to ascertain the extent of the work requiring positive excavation support systems.

26. Stockpiling of Material– SP26

Non-Standard Special Provision April 2019 The Contractor shall be responsible for the preparation, handling, and transport of all material removed from the site to a suitable disposal site, including any necessary dewatering of the material. The Contractor is responsible for the separation of any material required for acceptance by the receiving disposal site.

All excess material not required for the successful execution of the Work shall be removed from the site at the expense of the Contractor and disposed at an approved receiver site in accordance with the Ministry of Environment, Conservation and Parks (MECP).

Stockpiling of excavated soil or fill materials within the City street allowance or in parks, is not permitted. No areas shall be utilized for stockpiling of excavated soil nor fill material.

The Contractor shall note the Geotechnical Reports as listed in Section 4 and factor in all costs associated with the disposal.


All costs associated with this work for the cost of haulage, any additional environmental testing and all associated dump fees, shall be included in all appropriate unit cost items requiring such work.

27. Removal and Disposal of Transit Pipe – SP27

Non-Standard Special Provision April 2019 For the removal and disposal of existing transit pipe for sewer laterals and sewer pipe, the Contractor shall comply with Ontario Regulation 278/05 "Designated Substance - Asbestos on Construction Projects and in Buildings and Repair Operations".

176 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



As a minimum requirement, the Contractor shall comply with the "Measures and procedures for roadwork with asbestos containing asphalt”, developed in consultation with MOL.

Measurement and Payment

All known existing pipe types have been indicated on the Contract Drawings. The Contractor shall include the removal and disposal of all indicated asbestos containing pipe in accordance with all applicable regulations, into the appropriate unit prices for sewer works in the pricing form. No separate payment shall be made.

Should additional transit pipe be found other than that already indicated on the drawings, this shall be paid out on a time and material basis through the Contingency Allowance.

28. Existing Asphalt Containing Asbestos- SP28

Non-Standard Special Provision April 2019 This specification applies to areas where the existing asphalt paving material contains 0.5% or greater asbestos in accordance with O.Reg. 278/05.

The Contractor shall note the designated substance results in the Geotechnical Reports prepared by Wood plc (Formerly known as Amec Foster Wheeler Ltd.) Located in Section 4, Scope of Work- Attachments.

For identified asphalt areas where the existing asphalt paving material contains 0.5% or more of asbestos in accordance with O.Reg. 278/05, the Contractor shall comply with O. Reg. 278/05 “Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations”. The Contractor shall comply with the “Measures and procedures for roadwork with asbestos containing asphalt” and all other applicable regulations.

If it is unclear or unknown whether asbestos exists on a particular street within the construction limits the contractor is to assume that asbestos is present.

Asphalt paving material that contain 1% or more asbestos is considered to be asbestos waste as per O. Reg. 347. The transportation and disposal shall be in accordance with the requirements as per O.Reg. 347, which specifies that asphalt paving materials containing asbestos shall not be transferred to a transfer station but disposed of to a facility with a Certificate of Approval that can receive asbestos waste.

Submittals

Immediately upon notification of award of the Contract and not more than 5 Working Days following the date of award notification, the Contractor shall prepare and submit to the City a detailed removal and disposal plan. The plan is to show the detailed procedure, sequence, protection of site personnel and timing of the work. Work cannot begin without an approved plan.

177 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The Contractor shall submit to the Contract Administrator for approval, the language that is be placed on the signs noting asbestos removal a minimum 2 weeks prior to the start of the Asbestos Removal.

The Contractor must provide written notice of measures or procedures to be followed when performing the work to the Contractor’s joint health and safety committee/health and safety representative.

Measures and Procedures for Roadwork with Asphalt Contaning Asbestos Fibers

Five type of work operations are commonly used during roadway construction activities:

• Milling using large equipment that scarifies the surface layer of the road and place the wetted material into an adjacent dump truck. Use of this equipment to remove asbestos-containing asphalt is categorized as Type 2 operation.

• Wet saw cutting around areas for excavation using a large diameter radial saw which captures waste material in a slurry. This work uses a pice of equipment that is not a hand tool and is therefor a type 2 operation.

• Jack hammering or breaking out asphalt for excavation, using either a pneumatic hand-operated hammer or an attchment to the backhoe or skid steer. Use of the hand operated jackhammer is a Type 3 operation unless local exhust is attached on this hand tool. Use of backhoe or skid steer attachment constitutes a Type 2 operation because is considered equipment.

• Excavation of asphalt using a backhoe or loader. This is a Type 2 operation.

• Localized saw cutting using a quick saw. This is typically a dry operation that is not used extensively during roadway resurfacing. Use of this tool is a Type 3 operation.

The Contractor shall carry out the asbestos-containing pavement removal operations in such a way that the measures and procedures for Type 1 operations can be applied.

In the event that a circumstance arises in which the Contractor cannot control dust (through either the attachment of HEPA-filtered dust collecting devices to the equipment or wetting), the Contract Administrator shall be notified and Type 2 measures and procedures shall be followed during the performance of the Work.

The Contractor shall wet mill the asbestos containing asphalt pavement. Prior to removal of curb and asphalt containing asbestos, the Contractor shall wet mill with an edge grinder at a depth as specified in the table and a width of not more than 500 mm from the curb and around the perimeter of catch basins, maintenance holes and any other roadway structures. Area air quality monitoring shall be done by the Contract Administrator if required.

178 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Workers performing Type 2 operations and Workers entering Type 2 work areas to perform work not related to the asbestos operation are required to have completed the asbestos awareness training.

Measures and Procedures

Health and Safety Training

Workers on the project must be trained in

• the hazards of asbestos exposure

• the use, care and disposal of protective equipment and clothing to be used and worn when doing the work

• personal hygiene to be observed when doing the work

• the measures and procedures prescribed by the regulation.

A letter shall be supplied to the Contract Administrator 7 Days prior to the start of asbestos removals outlining the compliance with the health and safety training.

Notifcation

In advance of the start of roadwork, the Contractor will advise the nearwst Ministry of Labour office by telephone and in writtiong of all upcoming roadwork classified as Type 3 work.

Sepration

When Type 3 work operations are omgoing, sepration of the work area will be achieved through the placing of barricades or other suitable means. This will be incorporated into the traffic control plan.

Signs

Prior to the start of roadwork, warning signs will be posted at either end of the street to warn public that construction is taking place and the access to the area is restricted to persons wearing protective equipment. Asbestos dust hazard will not be mentioned on the signs. After any asbestos work is completed, warning signs that will be reused will be cleaned by using vaccum equipment with a HEPA filter or by damp wiping.

In addition, paid duty police officers shall be hired to stand at either end of the street and all intersections, if applicable, to keep pedestrians and vehicle traffic away from the roadway during Type 3 operations.

179 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Respirators

If the Contractor's worker requests a respirator, the Contractor shall provide the workers with respirators according to Section 14, Paragraph 12 of O. Reg. 278/05. The respirators shall be as described in Section 13 and Table 2 in O. Reg. 278/05.

The workers who are using respirators shall follow the instructions described in Section 13, O. Reg. 278/05.

To address heat stress during hot weather, the Contractor must develop a hot weather plan and ensure that the plan is followed.

Protective Clothing

If the Contractor's worker requests protective clothing, the Contractor shall provide the workers with protective clothing according to Section 14, Paragraph 13 of O. Reg. 278/05. The protective clothing shall be as described in Section 15, Paragraph 12 of O. Reg. 278/05.

The workers who are using protective clothing shall follow the instructions provided in Section 14, Paragraph 14 of O. Reg. 278/05.

To address heat stress during hot weather, the Contractor must develop a hot weather plan and ensure that the plan is followed.

Eating and Drinking Prohibition

The Contractor shall advise their employees of the prohibition against eating, drinking, chewing or smoking in the work area.

Dust Control

The spread of dust from the work area will be prevented by the following dust suppressant control measures

• wetting down the work area prior to the start of operations.

• continued wetting throughout the duration of the operation by means of the equipment’s own wetting-down mechanism, in the case of the milling machine, and an available water truck.

• frequently and at regular intervals during the doing of the work and immediately on completion of the work, dust and waste shall be cleaned up and removed using wet sweeping, and placed in a container for asbestos waste.

Under no circumstances shall compressed air be allowed for any dust cleanup.

180 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The Contractor shall prevent slurry from entering the sewers by placing geotextile or similar filters into affected catch basins. At the end of work, the filters shall be removed from the catch basins and deposited in containers for asbestos waste.

The Contractor shall submit a plan for site housekeeping that ensures efficient removal of the dust from the site and prevention of dust spreading into the environment.

Facilities for Washing

The Contractor will be required to have facilities on site for the washing of hands and face. All workers will be advised to use these facilities when leaving the work area.

Containers for Dust and Waste

Dust and waste shall be deposited immediately in a truck covered with a tarpaulin. The truck load shall be identified as asbestos waste, as required by R.R.O. 1990, Reg. 347.

Transportation and disposal of asbestos waste off site shall be according to item 8, herein. All costs associated with disposal are included in the Contract Price of milling asphalt items in this Contract.

Decontamination

Clothing and respirators shall be cleaned and decontaminated befor leaving the work area in accordance with O.Reg.278/05.

Transportation and Disposal of Asbestos Waste

Blending of asbestos-containing and non-asbestos-containing asphalt waste in a single shipment for transportation and disposal is not allowed.

The transportation and disposal of asbestos waste under shall be managed in according to O. Reg. 347/90 “General – Waste Management” and the Transportation of Dangerous Goods Act.

All asbestos waste shall be disposed of at a site licensed for the acceptance and disposal of asbestos waste. The Contractor shall provide the City with the name and address of the waste disposal site at the pre-construction meeting.

Asbestos Work Reports

The Contractor shall complete asbestos work reports for its employees in accordance with O.Reg 278/05 and require its sub-contractors to do the same.

181 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




All costs associated with the requirements noted above for asbestos containing asphalt, including but not limited to the saw cutting, milling, removal and disposal of the asphalt, shall be included in all appropriate unit cost items requiring such work.

No separate payment shall be made for complying with these requirements nor will any delay claims or additional costs relating to asbestos asphalt be considered.

29. Saw Cutting and Pavement Removal – SP29

Non-Standard Special Provision April 2019 All excavations that will disturb asphalt or concrete pavement or structures shall be saw cut. All saw cutting shall be completed wet. All saw cuts shall be made either parallel or perpendicular to the direction of travel. Saw cuts shall be straight and vertical to the full depth of the asphalt and concrete layers of pavement.

Saw cutting shall stop at, or just short of, corners to avoid overcutting. After saw cutting the edges, removal of pavement materials shall be performed with care to avoid lifting or breaking the road pavements beyond the sawcut borders.

If during the course of the work additional asphalt or pavement has breakage beyond the trench width, the Contractor shall saw cut completely around the breakage and remove it prior to completing the restoration.

30. Temporary Snow Fence – SP30

Non-Standard Special Provision April 2019 Where material is stored within City streets or parks (where allowed by permits), the Contractor shall install temporary orange snow fence supported on steel Tee bar posts to surround the material, protecting the Public from such materials.

Post spacing shall be a maximum of 2.4m.

Utilities/ Communication cables may be buried within the City’s right-of way. Utility stake out shall be performed to locate the cables prior to install any posts for snow fence. The Contractor must clear all utilities for the installation of the posts.

Upon the conclusion of the Works, the Contractor shall remove all installed temporary snow fencing.


All costs associated with meeting the above requirements shall be borne by the Contractor. No separate payment shall be made.

182 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



31. Temporary Construction Fencing – SP31

Non-Standard Special Provision April 2019 Contractor to provide 1.8-metre-high standard construction fencing as required.

The Contractor shall affix the hoarding required to meet the Tree Protection Zone requirements as specified in the “Working Around Trees” specification and the Contract Drawings.

Should, throughout the course of the Work, any damage occurs to the back or side yard residential fencing, the fence shall be replaced or repaired to the satisfaction of the Contract Administrator.

Construction fencing is to be maintained in good repair and made secure when work is not in progress. Appropriate signage is to be used per applicable specifications. The construction fence shall be inspected daily to ensure that it is providing adequate protection around the Site.

Where the fencing is installed in Roding Park

At the access point for all equipment and trucks, the Contractor shall ensure that this location is lockable and capable of preventing public entry. The Contractor shall ensure that, regardless of the locking method utilized, that three keys are supplied to the Contract Administrator prior to the start of the Work.

All fencing shall be constructed prior to the mobilization of equipment and materials to the Site and shall remain in place and maintained for the full duration of the Work, including restoration, until the end of the specified maintenance period.


Payment for the temporary construction fencing shall be paid per meter by the following schedule:

• 50% Supply and installation;

• 50% Removal and restoration.

32. Monitoring Movements of Existing Structures – SP32

Non-Standard Special Provision April 2019 Contractor shall install and maintain markers to monitor the horizontal and vertical movements of existing structures and utilities. Contractor shall take readings prior to, during and after dewatering operations (a minimum of once daily) to record horizontal and vertical movements with respect to an established reference point for the duration of the dewatering period. Contractor shall take measures to prevent damage to existing structures, and repair damage to structures, pipeline, or other works damaged due to dewatering, or inadequate

183 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



dewatering, at no cost to the City.

Notifications:

• Contractor shall submit copies of the record to the Contract Administrator weekly;

• Contractor shall notify the Contract Administrator immediately if any settlement or movement is detected on structures. If the settlement or movement is deemed by the Contract Administrator to be related to the dewatering, take actions to protect the adjacent structures and submit a modified dewatering plan within 24 hours. Implement the modified plan and repair any damage incurred to the adjacent structures at no additional cost to the City;

• If subgrade soils are disturbed or become unstable due to dewatering operations or an inadequate dewatering system, notify the Contract Administrator, stabilize the subgrade, and modify system to perform as specified at no additional cost to the City; and

• Where subgrade materials are disturbed or become unstable due to dewatering operations, remove and replace the materials in accordance with the contract documents at no additional cost to the City.


There shall be no separate payment for monitoring movements of existing structures and utilities, and all associated costs shall be included in the appropriate unit price items.

33. Clean Up of Site – SP33

Non-Standard Special Provision April 2019 The Contractor, during the progress of the work shall keep the site and work in as tidy a condition as practicable and to the satisfaction of the Contract Administrator. The Contractor shall not deposit any material on any portion of street, sidewalk, boulevard, trails, grass plot, or other City’s or public property, without the permission of the Contract Administrator, and shall remove same without delay when and as directed by the Contract Administrator. Upon completion of the work, the Contractor shall carefully examine all work, remove all plant or surplus materials as well as any rubbish accumulated on account of the Contractor’s operations, make good any defects or damage and shall leave the site in a condition satisfactory to the Contract Administrator.

Should the Contractor fail to comply with this requirement within 24 hours of notification in writing, the Contract Administrator shall arrange for the cleanup to be done by others and charged to the Contractor.

184 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



34. Clearing and Grubbing – SP34

Non-Standard Special Provision April 2019 All vegetated areas shall be cleared and grubbed prior to construction beginning. Clearing and Grubbing shall be completed in accordance with TS 2.00.07.02. Limits of clearing and grubbing shall be kept to a minimum to ensure natural habitats wherever possible are not disturbed any more than necessary. If requested or required by TRCA the materials cleared and grubbed will be disposed of onsite to the requirements of TRCA. This must be confirmed with the Contract Administrator prior to clearing and grubbing. For the purposes of bidding the Contractor shall assume all cleared and grubbed materials are to be disposed of offsite as per TS 2.00.07.02. The Contractor shall familiarize themselves with the work areas on the project during bidding to ensure the amount of clearing and grubbing required is clearly understood and included in the Contractors lump sum amount for this item.


Payment at the lump sum contract price for the clearing and grubbing shall be full compensation for all labour, equipment and material to perform the work. Payment shall include the removal and disposal of all existing undesired objects and vegetation, including small trees whether or not they are indicated on the tree inventory. For the purpose of this item small trees are defined under TS 2.00.03.

There shall be no separate payment item for clearing and grubbing. The work shall include the removal and disposal of all existing undesired objects and vegetation, including small trees whether or not they are indicated on the tree inventory. For the purpose of this contract small trees are defined under TS 2.00.03.

35. Survey Monuments – SP35

Non-Standard Special Provision April 2019 The Contractor shall maintain, relocate, or replace existing survey monument, control points, and stakes which are disturbed or destroyed as a result of the Works. The monuments shall be replaced as to produce the same level of accuracy as the original monument(s) in a timely manner, and at the Contractor’s expense. The horizontal and vertical control of the replaced monument shall be verified by a licensed legal Surveyor. If a survey monument is affected, the Contractor shall replace the monument or control point at no cost to the City.

Prior to any removal or upon identification of any survey monuments in the work zones covered in this contract the Contractor shall notify the Contract Administrator in writing of the location of the monument and shall take photos of the preconstruction condition of the monument for record purposes.

185 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



36. Fresh Concrete – SP36

Non-Standard Special Provision April 2019 The Contractor shall place adequate signs and physical barriers around all areas of freshly placed concrete to advise of its presence and prevent access into it.

Barriers shall be placed as soon as the concrete has been placed and the crew has moved on, or as soon as the crew is five metres or more away from an unprotected area in the case of a continuous pour.

Barriers shall remain in place until at least twenty-four (24) hours after the concrete has set hard enough to walk on. (This does not imply that areas can be opened to traffic after only 24 hours).

The above conditions shall be construed as minimum requirements for safety around areas of freshly placed concrete.

Concrete surfaces marred by either public or by traffic from the Contractor's own or Sub Contractor's forces, or due to animals, shall be replaced by the Contractor at his cost.

37. Non-Destructive Excavation – SP37

Non-Standard Special Provision April 2019 Where required, the Contractor shall provide all labour, materials and equipment required to safely provide non-destructive excavation around trees and sensitive utilities. Contractor shall provide notice to the Contract Administrator to ensure that the Contract Administrator’s Representative is present during non-destructive excavation activities. Non-destructive excavation shall be completed by hydro-excavation or hand excavation. Contractor shall observe all applicable OHSA and other safety regulations regarding non-destructive excavation. All costs for fulfilling these requirements shall be included in the bid prices for all affected construction items in the Pricing Form. No separate payment will be made.

In the event that non-destructive excavation is required for an unanticipated utility or an unforeseen sensitive obstruction, payment shall be made through the provisional unit price item for non-destructive excavation and shall include all costs for labour, materials, and equipment.

38. Traffic Control – SP38

Non-Standard Special Provision April 2019 Works within roadways for which the contract drawings do not include traffic control drawings shall be undertaken as follows:

1. Contractor shall submit traffic control shop drawings to the Contract Administrator for approval. Signage in compliance with Ontario Traffic Manual Book 7 shall be provided.

186 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



2. Contractor may request variation of the following specifications from the Contract Administrator.

3. Full road closures shall only be permitted where it is not feasible to one bidirectional traffic lane. Notwithstanding the foregoing, two traffic lanes shall be provided where feasible.

4. Service leads shall be constructed during off-peak hours and be backfilled or steel- plated at all other times.

5. Contractor shall provide flagmen or traffic signals where sightline constraints or other traffic-safety concerns exist due to construction activities.

6. Contractor shall provide flagmen or traffic signals where only one bidirectional traffic lane is provided, except where in the opinion of the Contract Administrator “yield to oncoming traffic” signage is acceptable.

7. Contractor shall ensure that emergency services are not obstructed by road closures.

8. Contractor shall ensure pedestrian safety at all times.

9. Contractor shall backfill or steel-plate all trenches when no workers are present. Where the foregoing is not feasible, Contractor shall install pedestrian fencing that complies with the requirements of O.Reg. 213/91.

10. Steel plates that are placed longitudinally along the roadway are not acceptable as vehicular driving surface.

Presence of Paid Duty Police Officers are required for all works within 30 metres of signalized intersections that are not protected by temporary barriers, including setup and takedown of traffic control measures.

Contractor shall determine whether temporary traffic signals are required at the signalized intersections along Jane Street and Sheppard Avenue West within the limits of construction in compliance with OTM Books 7 and 12. Contractor shall notify contract administrator in this regard within 1 month of award. Any temporary traffic signals will be be paid via RFQ to the Contract.

The Contractor shall provide all labour, materials and equipment required to safely provide traffic control as per City of Toronto Standard TS 1.00.

Basis of Payment

Payment for the maintenance of traffic shall be made through the appropriate unit price item including, but not limited to, the production of a Traffic Control Plan, Traffic Protection plan, utilization of Paid Duty Police Officers, the supply, placing, maintenance and removal of all signs, barricades, and other traffic control devices that are not covered in other pay items of the pricing form. All other costs associated with this Work shall be incidental to all related

187 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



items of Work. No separate payment shall be made.

39. Dewatering – SP39

Non-Standard Special Provision April 2019 The Contractor shall prepare a dewatering plan which will be reviewed and approved by the Contract Administrator. The Contractor is responsible for adhering to all permit conditions during construction and for procuring a sewer discharge permit for dewatering prior to the start of the work. The Contractor shall note the Geotechnical Reports listed in Section 4 and shall note the proposed methods associated with dewatering systems. Based on geotechnical report findings, a Permit to Take Water is not anticipated.

The Contractor is responsible for all dewatering as per OPSS.MUNI 517 and TS 518. The Contractor shall also prevent surface run-off from entering excavations.

Prior to discharge, water shall be treated for management of suspended sediment and other parameters to meet the discharge criteria outlined in Toronto Municipal Code, Chapter 681, Sewers (for discharge to sewers) and the MECP’s Provincial Water Quality Objectives (for discharge to the surrounding environment).

All dewatering operations that discharge to a downstream catch basin, or where the discharge runs along the surface, the Contractor shall provide and maintain sedimentation control barriers around the catch basins as per applicable OPSS and TS specifications. The Contractor shall ensure that all gutters are kept clear at all times for surface drainage. The Contractor shall not direct any discharge onto sidewalks, driveways, boulevards or private property. The Contractor shall clean up any and all sediment that might have accumulated as a result of dewatering and treatment procedures.

The construction excavation for all pits must be such that dewatering required is minimal. If no PTTW exists under the Contract and the Contractor believes dewatering is required such that a (MECP) Permit to Take Water is required, it is the responsibility of the Contractor to apply for the permit and acquire the permit. It will be the full responsibility of the Contractor to ensure that all conditions of the permit are met during construction, including all required reporting.


All costs relating to dewatering up to and including 50,000 L/day, including installation and removal, discharge permits, monitoring, discharge quality control, erosion control, watertight shoring or other means of managing groundwater, in accordance with the Contract, shall be included in the bid prices for all affected construction items in the Pricing Form. No separate payment relating to management of groundwater will be considered.

In the event that the dewatering rates are greater than 50,000 L/day but less than 400,000 L/day for the purposes of construction site dewatering, the watering takings are eligible for registration in the MECP’s Environmental Activity and Sector Registry (EASR). If the cause

188 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



of the additional dewatering is outside of the control of the Contractor, the City will evaluate additional costs brought forward by the Contractor, and payment of these additional costs, including but not limited to permit acquisition and pumping costs from the provisional dewatering allowance through a Change Order.

40. Sewer Construction – SP40

Non-Standard Special Provision April 2019 All new sewers shall be installed as per TS 410. Bidders shall note that the Pricing Forms and Contract Drawings show total lengths including the internal lengths of maintenance holes. However, for the purpose of measurement for payment, depth shall be to the invert of the pipe and the length of the sewer excludes the internal length through maintenance holes.

Payment for the installation of the sewer shall be made at the unit price bid and shall include the supply of all labour, materials, and equipment for saw cutting, removal and disposal of existing asphalt and concrete road base, removal and disposal of existing pipe, laterals, and maintenance holes as indicated on the Contract Drawings, excavation, disposal of material, shoring, dewatering, pipe bedding, installation of the sewer, backfilling and compacting trench, connection to existing sewer, sewer service connection within the trench limits, all tees and bends, and the provision for diversion of existing sewer flows.

Where the Contractor encounters wet conditions at subgrade, the Contractor may alternatively use 19mm clear stone as pipe bedding subject to confirmation and approval by the Contract Administrator. The bedding material must be completely wrapped in a geotextile filter fabric and shall be compatible with the existing soil conditions. The Contractor shall complete the Work at the provisional unit price in the Pricing Form. The provisional unit price shall include all labour, equipment, and materials required to use this alternative pipe bedding.

Similarly, where the Contractor encounters poor or unsuitable subgrade conditions, the Contractor is to remove the unsuitable subgrade material and replace it with Granular ‘B’, subject to confirmation and approval by the Contract Administrator. The Contractor shall complete the Work at the provisional unit price in the Pricing Form. The provisional unit price shall include all labour, equipment, and materials required to complete this work.

PVC SEWER

New PVC sewers shall be installed as per OPSD 802.010 using Granular ‘A’ to OPSS 1010 specifications for embedment material. All bedding shall be compacted prior to the installation of the sewer. All PVC sewer pipe shall be DR 35 PVC and shall conform to OPSS 1841 with a minimum stiffness of 320 kPa and shall be green in colour.

REINFORCED CONCRETE SEWER

New reinforced concrete sewers shall be installed as per OPSD 802.030 and OPSD 802.031 Class B Bedding using Granular ‘A’ to OPSS 1010 specifications for both compacted

189 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



bedding and cover material. All bedding shall be compacted prior to the installation of the sewer. Where indicated on the Contract Drawings, concrete bedding shall be installed. All reinforced concrete sewer pipe provided shall conform to OPSS 1820.

Concrete pipe class shall be as shown on the Contract Drawings.

HORIZONTAL ELLIPTICAL CONCRETE SEWER

Reinforced concrete horizontal elliptical pipe shall be installed as per OPSD 802.050 and OPSD 802.051 Class B Bedding using Granular ‘A’ to OPSS 1010 specifications for both compacted bedding and cover material. All bedding shall be compacted prior to the installation of the sewer. Where indicated on the Contract Drawings, concrete bedding shall be installed. All reinforced concrete sewer pipe provided shall conform to ASTM C 507.

The reinforced concrete horizontal elliptical pipe class shall be as per OPSD 807.050 for a confined trench.

41. Watermain Replacement– SP41

Non-Standard Special Provision October 2017 Watermain installation and testing is to undertake per all applicable City of Toronto Standards and Ontario Provincial Standards, including, but not limited to, TS 7.70 Watermain Replacement and Connection Procedure, and TS 7.30 Procedure for Disinfecting Watermain.

New watermains shall be installed with granular bedding and cover material and backfill placed as per OPSD 802.010 and shall be compacted by approved mechanical means acceptable to the Contract Administrator. Granular bedding and cover material shall be Granular “A” as per OPSS 1010. Pipe class and bedding shall be as indicated on the Contract Drawings.

All installed watermains shall follow the Ministry of Environment F-6-1 procedures that govern the separation of sewers and watermains. All watermain shall have a minimum vertical clearance of 0.3 metres over or 0.5 metres under sewers when crossing and shall also maintain a 2.5 metre horizontal separation with watermains. For all sewer crossings, where 0.5 metres vertical separation is not met, DR 14 PVC pipe shall be used. In addition to the higher pipe class, unshrinkable backfill shall be used. In this case a minimum vertical separation of 0.15 metres shall be maintained.

WATERMAIN FITTINGS

All horizontal and vertical bends, fittings, tees and plugs shall be mechanically restrained within 6 meters on both sides of a fitting or appurtenance.

WATERMAIN TRACING

The Contractor shall install tracer wire on all new PVC watermains as per City of Toronto

190 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Standards TS 7.40. The specification shall rule. All installed wire must be tested by an independent consultant and passed before acceptance by the City. The price for tracer wire and testing of tracer wires shall be included in the Basic Lump Sum Tender Price.

Prior to restoration of the watermain trench, the Contractor shall have the new watermain traced by an approved and recognized Contractor. The tracing Contractor shall provide a written report for the Contract Administrator showing that the new watermain can be traced in its entirety. The City of Toronto may confirm the results of this report at its discretion. If the new watermain cannot be traced in its entirety, the Contractor shall repair any deficiencies and have the watermain retraced. The cost of any subsequent tracing required due to deficiencies shall be borne by the Contractor. The Contractor shall not begin restoration of the site prior to receiving acceptance of the tracer wire, in writing, from the City. No additional payment shall be made as a result of complying with this requirement.

SIDE STREET CONNECTIONS

For all side street connections, the Contractor shall confirm the pipe material in the existing valve chambers on all side streets in the presence of the Contract Administrator.

Where an existing side street main is Cast Iron / Ductile Iron on both sides, the side street connections shall include new valves on the side streets as applicable. Where the existing side street main is PVC on one side and Cast Iron / Ductile Iron on the other side, the Contractor shall test pit to find the extent of PVC watermain, to ensure that the completed connection will be PVC only. Where both side street connections are PVC, the intersection shall be test pitted to ensure that no Cast Iron / Ductile Iron remains in the intersection.

CONNECTION TO EXISTING WATERMAINS

Transition coupling, and filler pipe shall be cleaned and disinfected in accordance with applicable City Standards. No connections shall be made until disinfection and testing of the new watermain is completed and accepted by the City of Toronto. No additional payment shall be made as a result of complying with this requirement.

WATERMAIN INSULATION

Where cover over the new watermain is less than 1.65 m, the Contractor shall install insulation over and along the sides of the watermain in accordance with T-708.01-4.

FIRE HYDRANTS AND WATERMAIN CONTROL VALVES

The Contractor shall, prior to commencing watermain replacement Work, shall exercise all valves located on the existing watermain, including hydrant valves, to verify that all are operable.

The Contractor is allowed to operate the existing valves and hydrants but only under the supervision of Certified Staff from the Water and Wastewater Department. The Contractor must provide the Contract Administrator with twenty-four (24) hours notice to arrange for City

191 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



forces to be present.

All valves provided up to and including 300mm shall be resilient seated gate valves. All valves shall have both thrust blocking and mechanical joint restraints. The unit cost for all valves shall include all labour, materials and equipment required to install the valve as specified. All valves shall be cathodically protected and be provided with a sliding valve box with guide plate and cover.

Fire Hydrants shall be installed as per T-1105.01 and as shown on the Contract Drawings.

Prior to using any service hydrants, the Contractor shall obtain from Toronto Water a permit for its usage. Permits can be attained by contacting Toronto 311. Existing valves shall remain in place in the open position and the existing valve boxes located in the roadway and under hard surfaces such as asphalt, concrete, interlock stone shall be removed to full depth and backfilled with unshrinkable fill. All other existing valve boxes shall be removed and backfilled with Granular A or select native material as approved by the Contract Administrator. Existing valve chambers located in the roadway and under hard surfaces such as asphalt, concrete, interlock stone shall be removed to 1 m below subgrade, broken down to allow for free movement of groundwater, and backfilled with unshrinkable fill. All other existing valve chambers shall be removed to 1 m below subgrade, the bottom to be broken down to allow for free movement of groundwater, and backfilled Granular A or select native material as approved by the Contract Administrator.

PRESSURE TESTING AND DISINFECTION

The Contractor shall pressure test and disinfect all newly installed watermains, including all new water services over 50mm in size up to the curb stop.

The unit price shall include the supply of all labour, material and equipment necessary for the pressure testing, disinfection, sampling and testing and any subsequent disinfections and testing required due to failing water quality test results.

Disinfection shall be as per City of Toronto, Water and Wastewater Services, Standard Construction Specifications TS 7.30, “Procedure for Disinfecting Watermains”.

42. Maintenance Holes – SP42

Non-Standard Special Provision April 2019 Frame and Cover Material

Precast concrete maintenance holes are to be supplied and installed in the locations and as per the standards specified in the Contract. Frames and covers shall be included in the unit price items for maintenance holes and are to be according to OPSD 401.010 Type ‘A’.

192 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Rung Material

Aluminum rungs are to be included in the maintenance holes as per OPSD 405.020. Maintenance Hole openings shall be located on the upstream part of the chamber. Maintenance hole precast concrete adjustment units to be supplied and installed as per T 704.010-1.

Connection Details

The Contractor shall use Kor-N-Seal or equivalent assembly to connect all PVC pipes to the maintenance holes. For proposed maintenance holes the Kor-N-Seal or equivalent assemblies are to be installed by the manufacturer of the maintenance holes. No site adjustment or modifications will be permitted, unless approved by the manufacturer.

Concrete pipes shall be grouted with non-shrink grout and the first flexible joint shall be placed as follows:

1. For pipe diameter up to 300mm, the first joint shall be at 300mm from the face of maintenance hole wall;

2. For pipe diameters between 300mm and 1200mm, the first joint shall be at one diameter length from the face of maintenance hole wall; and

3. For pipe diameters above 1200mm, the first joint shall be at a minimum distance 1200mm.

4. To achieve pipe joint to be within the pipe diameter length from the maintenance hole wall, crews may move the maintenance hole to achieve this.

5. If the maintenance hole cannot be moved because of existing conditions, dowel (3) pieces of 15M rebar into manhole wall under proposed pipe invert and extend rebar the length of the pipe to further support first length of pipe once concrete bedding is poured.

The maintenance hole and the pipe up to the first flexible joint shall be supported with 20 MPa concrete.

Existing maintenance holes are to be connected in the dry and in such a way as to minimize damage to the existing maintenance hole. The existing maintenance hole is to be exposed, with precautions being taken to avoid detrimental effects on any existing sewer pipe connections and a new hole cored into the concrete structure.

Safety Platforms

For all maintenance holes that exceed 5 m in depth, the Contractor shall provide a safety platform. The safety platform shall be located 2 metres below the maintenance hole cover and 2.8 metres above the maintenance hole invert. The platform shall be placed as per OPSD 404.020. For maintenance holes greater than 2400mm in diameter, the safety platform shall be specially designed.

193 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Benching Details

Benching if present depending on service within the maintenance hole is to be broken out and replaced, as necessary, to accommodate the new sewer and sewage flow pattern. All benching shall conform to T-701.021. Steps in the benching shall be provided where the pipe diameter is greater than 450 mm. The last step shall be 300 mm above the invert, or 600mm above the invert if no benching is required.

Maintenance Hole Materials

The Contractor shall only supply maintenance holes with monolithic bases for up to 1500 mm. Precast slab bases shall be supplied for 1800mm maintenance holes and larger. Cast in place bases are not allowed.

The Contractor shall submit shop drawings of all new maintenance holes and appurtenances to the Contract Administrator for approval.

Drop Structures

Where called for on the Contract drawings, or where the difference between the invert of the incoming pipe and the invert of the maintenance hole is greater than 1.22 metres, a drop structures shall be provided. All drop structures provided shall be external, internal drop structures are not allowed except where shown. The external drop pipe shall be one diameter smaller than the inlet pipe, minimum 200mm. Unless noted otherwise, the external drop structure shall be provided and installed as per T-1003.01 Type ‘C’.

Abandoning Maintenance Holes

The Contractor shall abandon all maintenance holes as specified in the Contract Drawings. The Contractor shall remove the top of the existing maintenance hole to 1.0m depth, fill with Granular B and cap as per OPSD 710.010.

Removal and disposal of existing maintenance hole is to be included in the unit price for the supply and installation of the new maintenance hole and shall be undertaken as per TS 510. No additional payment will be made for the removal and disposal of the existing maintenance hole.

Sewer Acceptance

Prior to their acceptance, sanitary maintenance holes shall pass the leakage testing as stated in TS 407.

The sewer works shall not be accepted by the City of Toronto until a CCTV inspection has been performed and submitted by the Contractor and reviewed by the Contract Administrator. The CCTV inspection is to be performed and submitted in accordance with the City of Toronto Standards.

194 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Flushing, cleaning, and CCTV inspection shall include the supply of all labour, material, and equipment necessary to carry out the work in accordance with the City of Toronto Standards and Specifications.

All new PVC sewers shall pass the deflection testing requirements.

The Contractor shall also supply a survey check for all of the Works installed to verify that all Works have been installed as shown on the Contract Drawings. The Contractor shall secure a third-party Surveyor, licensed to work in the Province of Ontario, to independently confirm all elevations shown on the Contractor’s record drawings. The Contractor shall also provide as-built sewer inverts and lateral services to the Contract Administrator.


Payment for the supply and installation of new maintenance holes will be made at the unit price bid and shall include the supply of all labour, materials, and equipment for saw cutting, removal and disposal of existing asphalt and concrete road base and existing maintenance hole and chamber, excavation, shoring, installation of the maintenance hole as specified, backfill and compaction, benching, adjusters, leakage testing, frame and cover, connection of sewers to maintenance holes, and all restoration as specified. No additional payment will be made for the connection of sewers to maintenance holes.

Depth will be measured from the deepest pipe invert to top of manhole cover.

Basis for Payment

Payment at the Contract Price shall be full compensation for all labour, Equipment and Material to do the Work. Payment up to 90 per cent of the unit cost will be made upon completion of the maintenance hole installation, including backfill, while payment for the remaining 10 per cent of the unit cost will be made upon completed installation of the maintenance hole frame and cover and benching.

43. Drop Structures- SP43

Non-Standard Special Provision April 2019 Where called for on the Contract drawings, or where the difference between the invert of the incoming pipe and the invert of the maintenance hole is greater than 1.22 metres, a drop structures shall be provided. All drop structures provided shall be external, internal drop structures are not allowed except where shown. The external drop pipe shall be one diameter smaller than the inlet pipe, minimum 200mm, and shall be concrete encased PVC. Unless noted otherwise, the external drop structure shall be provided and installed as per T-1003.01 Type ‘C’.

All cost associated with drop structures shall be included in the appropriate unit prices for the maintenance holes. No separate payment shall be made.

195 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



44. Maintenance Hole Sealing – SP44

Non-Standard Special Provision April 2019 Maintenance holes that are to be sealed (WATER TIGHT) on the Contract Drawings shall be sealed using a watertight rubber frame assembly system inclusive of locking cams which mechanically tighten and lock the lid to the frame. Maintenance hole lid material shall be composite. Frame and risers shall be provided according to ASTM D2240, D412, D573, D395B, D746B, and D1149. Lid and frame shall include a notch mating system for precise alignment when installing the lid onto the frame. Butyl sealant is to be used between all components of the assembly and between concrete and rubber surfaces, to make watertight. Assembly installation shall be as per manufacturer’s instructions.

Watertight rubber frame assembly system shall be the Lifespan® System or approved equal. The Contractor shall provide a watertight rubber frame assembly system submittal for approval.


All costs associated with maintenance hole sealing shall be made for each maintenance hole sealed.

45. Catch Basins – SP45

Non-Standard Special Provision April 2019 Catch basins provided shall be pre-cast catch basins with sump and shall come equipped with weepholes. The frame and cover shall be as per OPSD 400.070. The Contractor shall only use precast adjustment units for the final adjustments to a maximum of 300mm. All catch basins shall be placed on 300mm of Granular A and backfilled with u-fill.

The unit price in the pricing form for catch basins shall include the excavation and disposal of the existing material including the catch basin and lead, and placement and compaction of backfill material. The old frame and grate shall be salvaged and returned to a City of Toronto Yard to be determined at the time of construction. There will be no separate payment for this delivery.

All catch basin leads 300mm and smaller shall be PVC and shall be installed to the same specification as PVC sewers.

The Contractor shall submit shop drawings of all new catch basins and appurtenances to the Contract Administrator for review prior to fabrication.

Catch basins that are to be removed and not replaced in the roadway shall be removed to full depth, disposed, and backfilled with Granular B.

The unit price for the replacement and reconnection of catch basin leads shall include all labour, materials, and equipment to remove, dispose, reconnect to the catch basin and\or

196 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



sewer, installation of the catch basin leads as specified, bedding, u-fill backfill, and all restoration as specified.

The unit price for the supply of catch basins shall include the excavation and disposal of the existing material, placement and compaction of bedding and backfill material, installation of a new catch basin, Goss trap, frame and grate, connection to the existing sewer leads, installation and adjustment of a new frame with grate and restoration as specified.

This unit price for the removal of catch basins shall include the removal of existing catch basins and shall include the supply of all labour, material, and equipment required to complete all works as described herein.

46. High Inlet Capacity Catch Basins- SP46

Non-Standard Special Provision April 2019 The installation of High Inlet Capacity Catch Basin assemblies shall include the supply of all labour, material, and equipment to complete the installation as per City of Toronto Standards. The high capacity catch basins work in a variety of different configurations with none, one or two ditch inlets connecting to the ditch inlet with sumps.

The Contractor shall submit shop drawings of all new catch basins and appurtenances to the Contract Administrator for review prior to fabrication.

Due to the variability in the configurations, the unit price for the high capacity catch basins shall be paid out under three separate items: Ditch Inlets, Ditch Inlets with Sump, and Subdrain. The unit price for the storm sewer from the Ditch Inlet with Sump to the storm sewer shall be paid out for under their respective items in the Pricing Form.

The unit price for High Inlet Capacity Catch Basin shall include all labour, material and equipment required to install a 1200mm by 600mm horizontal precast concrete ditch inlet manufactured in with a 1.2 m depth, a heavy duty riveted roadway steel grating that is galvanized to ASTM-A123, designed for H20 loading, and has 75mm by 75mm by 6mm angle iron that is integrally welded across the clear openings of the grating, bedding, backfilling, and excavation. Contractor shall coordinate exact grating dimensions to ensure that the grating has a clear span opening of 1200mm by 600mm. Four 13mm by 95mm 304 stainless steel expansion anchors with stainless steel offset washers per grating section shall be installed through the angle iron. Fastener heads shall be flush to or lower than the top of the grating. Ditch Inlets shall have quick drain connect insert to accommodate a subdrain connection and shall connect to the Ditch Chamber or Ditch Inlet with Sump by a 375mm concrete lead. The unit price for the ditch inlets shall also include up to a metre of the 65-D 375mm diameter concrete lead pipe that connects the ditch inlet to the supporting structure, bedded in u-fill down to undisturbed earth and backfilled with u-fill.

The unit price for High Inlet Capacity Catch Basin With Sump shall include all labour, material and equipment required to install a 1200mm by 600mm horizontal precast concrete ditch inlet manufactured to a 2.1 m depth, a heavy duty riveted roadway steel grating that is

197 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



galvanized to ASTM-A123, designed for H20 loading, and has 75mm by 75mm by 6mm angle iron that is integrally welded across the clear openings of the grating, 300mm of Granular ‘A’ bedding, backfilling, and excavation. Contractor shall coordinate exact grating dimensions to ensure that the grating has a clear span opening of 1200mm by 600mm. Four 13mm by 95mm 304 stainless steel expansion anchors with stainless steel offset washers per grating section shall be installed through the angle iron. Fastener heads shall be flush to or lower than the top of the grating. High Inlet Capacity Catch Basin with Sump shall be equipped with a 304 Stainless Steel Goss trap for the discharge pipe, up to two 375mm Concrete inlets and an outlet as shown on the Contract Drawings.

All cost associated with100mm diameter perforated polyethylene subdrain with knitted sock geotextile shall be included in unit items for High Inlet Capacity Catch Basins and High inlet Capacity Catch basin with sump. Subdrain shall be bedded with clear stone and backfilled with Granular ‘B’. Inspections of the subdrain shall be included into the unit price of the subdrain installation. No separate payment shall be made for this provision.

The 375mm lead shall be concrete pipe, class 65-D, bedded and backfilled with u-fill down to undisturbed earth.

The Contractor shall provide shop drawings for all items included in the high capacity catch basins.

The unit price in the pricing form for High Inlet Capacity Catch Basin shall include the excavation and disposal of the existing material including the catch basin and lead, placement and compaction of backfill material, and restoration as specified. The old frame and grate shall be salvaged and returned to a City of Toronto Yard to be determined at the time of construction. There will be no separate payment for this delivery.

47. Working Around Trunk Sewers / Watermains – SP47

Non-Standard Special Provision April 2019 Two weeks notice is to be given prior to excavation in the vicinity of any trunk storm sewer, sanitary sewers or trunk watermain.

The following forms need to be completed and received two weeks in advance of construction:

• “Excavation Monitoring for Transmission Mains” form to be submitted to Toronto Water, Water Treatment and Supply (for trunk watermains).

• “Construction Work Near City of Toronto Trunk Sewers” form to be submitted to Toronto Water, Divisional Operations Service (for trunk sewers).

Trunk Sewers

The Contractor is to contact Collection Systems Services Branch (for sewers) at 416-392-5883 or [email protected], at least 48 hours prior to excavation so that a City Inspector

198 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




may be present on site.

Trunk Watermains

The Contractor shall submit the proposed schedule of crossing to the Contract Administrator for review and shall contact Toronto Water, Water Treatment and Supply at 416-397-0187 or send an e-mail message to [email protected] 14 days in advance of the proposed start of construction so that the required watermain can be de-pressurized systematically in conjunction with the installation of the proposed works. The Contractor shall make arrangements with Contract Administrator to co-ordinate valve operation by Toronto Water required for the work. Costs could be incurred at the Contractor's expense for operating the valves to isolate the watermain and subsequent flushing of the main. The timing of the work shall be during the low water demand period between October 1 and March 31.

At the point of crossing a cast iron watermain, the Contractor shall expose the top of the watermain by hand digging the final one metre of the overburden. The depth of the trench shall temporarily terminate at the top of the main. The top of the watermain shall be exposed and cleaned for inspection. City inspector shall inspect the exposed portion of the watermain to confirm if there is a joint within the width of the trench and 300 mm beyond the trench walls.

Contract Administrator can stop work at any time if there is a concern for watermain integrity.

If a joint exists and is in sound condition, the Contractor shall widen the trench, excavate and provide the necessary shoring to permit the installation of a restraining system or any other joint replacement by the City. Any existing damage or leaks to the watermain discovered by the Contractor and confirmed not to have been caused by the Contractor, shall be repaired by the City. The Contractor shall widen the trench, excavate and provide the necessary shoring to permit the replacement by the City. Any leaks or damage caused by the Contractor shall be repaired by the City at the Contractor’s cost. The minimum time required to do this work is 14 days. The Contractor shall not proceed with further excavation underside of the watermain until the City has completed their work, and the temporary support is in place.

Once the proposed structure is installed, the Contractor shall backfill the trench from the base to the top of the watermain with 0.4 MPa (28-day strength), unshrinkable fill. The Contractor shall not cut or remove the steel cables temporarily supporting the watermain until the unshrinkable fill has set. The Contractor shall backfill above the top of the watermain with Granular A only after the City has re-pressurized the watermain and confirmed that there is no leakage.

All shoring adjacent to the transmission watermain at the crossing shall be left in place.

199 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




48. Maintenance of Sewer Flows – SP48

Non-Standard Special Provision April 2019 TS 4.01 is amended by the addition of the following section:

During construction of the sewer works under this Contract, temporary diversion sewers or a bypass pumping system shall maintain the flow in the existing sewer system and any affected services. The bypass system shall be capable of handling the peak flows in the existing sewers and shall include standby equipment necessary to deal with emergency situations. The proposed bypass system shall be submitted to the Contract Administrator for review prior to implementation.

To minimize the disruption to local traffic, any bypass pumping system must be setup as to not impact the regular cross street traffic flow outside the immediate work zone. The Contractor shall contact all property owners and tenants to coordinate any service interruptions as to minimize any impact on residents and businesses. The Contractor is to make all necessary arrangements with the owners of each building.

Any bypass pumping system may not be run during off-hours of construction, due to the City’s noise bylaw, regardless of methods employed. The sewer flow must be temporarily diverted through the open excavation, by means approved by the Contract Administrator. The Contractor shall not, under any circumstance, divert or pump storm sewer flows into an adjacent sanitary or combined sewer without prior written authorization.

All bypass pumping operations that discharge to a downstream catch basin, or where the discharge runs along the surface, the Contractor shall erect straw bale barriers around the catch basins as per applicable OPSS and TS specifications. The Contractor shall ensure that all gutters are kept clear at all times for surface drainage. The Contractor shall not direct any pumping discharge onto sidewalks, driveways, boulevards or private property. The Contractor shall maintain the straw bale barrier for the duration of the bypass pumping into that location and shall clean up any and all sediment that might have accumulated as a result.

The Contractor shall factor in any additional bypass pumping needs for that location into the appropriate unit items.


There shall be no separate payment for maintenance of sewer flow and all associated costs shall be included in the appropriate unit price items.

49. Water Service Connections– SP49

Non-Standard Special Provision April 2019 WM203SP is amended by the addition of the following section:

200 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



In instances where the new service is installed in the same location as the existing service, the Contractor shall disconnect the old water service by excavating at the watermain where the service is connected, shut the old stop-cock and cut the old water service pipe. The abandoned water service curb stop, box and rod are to be removed if they are in the same water service excavation trench. The Contractor is also required to excavate/remove abandoned water service curb stop, box and rod and remove abandoned curb stop, box and rod outside of the new water service excavation trench. All costs associated with abandoning the existing water service shall be included in the unit price for installation of water services and no separate payment will be made.

CLEARANCE BETWEEN PRIVATE WATER SERVICES AND OTHER UTILITIES

There must be a minimum clearance of 1.0 metre between private water services and private drains. A 1.0 metre clear separation is also required between drains/water services and gas services/mains.

ABANDONING EXISTING WATER SERVICE CONNECTIONS

Water services which are being abandoned should be detached at the main. In case of water service connections to the main with driven nipple, the driven nipple requires removal and the resulting hole in the main filled with a plug or, if necessary, covered with a repair sleeve. If it is a tee, it is to be removed and a filler piece installed. For connections made with a tapping valve and where the valve is in good condition, the valve must be closed, and a mechanical plug installed on the service side of the valve.

NOTIFICATION FOR INSPECTION

The Contractor shall notify the Contract Administrator’s Representative, on a daily basis, of the water service installation schedule and identify any unusual installations.

50. Sanitary and Storm Service Connections – SP50

Non-Standard Special Provision April 2019 In addition to the Supplementary Specification SW301SP the following shall apply:

Prior to installing the sewer service lateral tees in the sewer mainline pipe, the Contractor shall confirm the location of all existing sewer service laterals and condition. Should existing service laterals be deemed deficient by the Contract Administrator, they should be replaced up to the property line and, for sanitary services, clean-outs installed. The Contractor may coordinate with the homeowner to replace the service beyond the property line per the conditions of Supplemental Specification SW304SS.

During the installation of new sewer service connections, the Contractor shall ensure that the sewerage flow in the connection is free flowing, so that no sewage flows back into the houses. Should sewage backup into the houses, all damage caused shall be rectified at the Contractor’s own expense. Prior to the installation of any sewer service connection, the

201 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Contractor shall ensure that the sewer service connection upstream of the new connection is clear of all debris and free flowing.

If directed by the Contract Administrator, existing dual connections (wye connections) shall be removed and two separate connections shall be installed in two separate trenches. New sanitary service connections to single family and semi-detached dwellings shall be individual service connections. No new dual connections are permitted.

Minimum trench widths shall be as specified in the Contract Documents.

The Contractor shall install a cleanout for each service connection at the property line and extend the proposed sewer service lateral to meet the existing sewer lateral inside the private property. The Contractor shall co-ordinate with the affect property owners regarding this construction. The additional cost to plug and disconnect the existing lateral and install a bend where the proposed lateral meets the existing lateral shall be included in the Contract Price for the sewer service lateral installation. No separate payment shall be made.

The Contractor shall excavate the trench using non-mechanical methods where utility congestion is present. The cost for non-mechanical excavation shall be included in the cost for sewer service lateral connection installation. No separate payment shall be made.

Any existing water service requiring replacement shall be installed to maintain a minimum 2.5 m horizontal or 0.5 m vertical clearance from the sewer service lateral. No separate payment shall be made for adhering to this requirement.

The Contractor shall review the pre-construction CCTV videos performed by the Contractor and review the condition of existing storm and sanitary sewer laterals at the connection to the mainline sewer. If deficiencies are observed, the Contractor shall notify the Contract Administrator.

The replacement of existing sewer services and connections shall follow the guidance in the table below:

Proposed Work

Sanitary Services Storm Services

Sanitary / Combined

Sewer

Replace all laterals on either side of the new sewer ending with a cleanout at the property line. Minimum diameter of new service is 150mm.

If directed by the Contract Adminstrator, only replace those encountered during construction that are less than 125mm, tar paper and/or in poor condition (one side of street) to the property line.

Storm Sewer

If directed by the Contract Adminstrator, only replace those encountered during construction that are less than 125mm, tar paper and/or in poor condition (one side of street) with a cleanout at the property line.

Replace all laterals on either side of the new sewer within the trench limits. Minimum diameter of new service is 150mm. If those encountered are tar paper and/or in poor condition (one side of street) replace lateral to the property line.

202 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Watermain

If directed by the Contract Adminstrator, only replace those encountered during construction that are less than 125mm, tar paper and/or in poor condition (one side of street) to the property line.

Road Reconstruction No replacement.

Road Resurfacing

Only

If directed by the Contract Adminstrator, only replace those encountered during construction that are less than 125mm, tar paper and/or in poor condition (one side of street) with a cleanout at the property line.

No replacement.

All inactive sanitary services shall be decommissioned by removing the service to the property line, capping and abandoning the service. To determine active and inactive sanitary services, the Contractor shall undertake confirmation efforts through dye testing and coordination with the property owner. Following decommissioning of sanitary service, the Contractor will be required to re-test the new connection through dye testing and coordination with the relevant home owners.

For sanitary services which are identified for replacement, as agreed upon with the Contract Administrator, the Contractor shall install a cleanout for each service connection at the property line and extend the proposed sewer service lateral to meet the existing sewer lateral at the private property. The Contractor shall co-ordinate with the affect property owners regarding this construction.

The additional cost to plug and disconnect existing laterals and install a bend where the proposed lateral meets the existing lateral shall be included in the Contract Price for the sewer service lateral installation. In addition, the cost to connect new laterals to the proposed and/or existing sewer shall also be included in the Contract Price. No separate payment shall be made.

Potential conflicts between existing service connections and proposed infrastructure may occur, particularly in areas where the existing sewers and the proposed sewers have similar invert elevations. In the event that a conflict is encountered on site, the Contractor shall notify the Contract Administrator and resolve the conflict in accordance with the details provided in the Contract Drawings and as specified herein.

The Contractor shall notify the Contract Administrator on a daily basis of the sanitary service installation schedule and identify any unusual installations.

203 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Basis of Payment All costs associated with the above work shall be included in the unit price detailed in the Pricing Form for the supply and installation of sanitary and storm services and replacements. No payment additional compensation shall be provided.

51. Backfill – SP51

Non-Standard Special Provision April 2019 Unless noted otherwise, backfill shall be imported Granular ‘A’ material in accordance with applicable City of Toronto Specifications. Granular backfill shall be placed in maximum 300 mm lifts.

Unshrinkable fill (u-fill) material shall be utilized as backfill where trenches for Works located in any roadway are less than 1.2 metres wide. All trenches located in the boulevard shall be backfilled with Granular ‘B’. Backfill material around gas mains shall be provided according to utility company’s requirements.

Backfill utilized within the parks shall be native fill, unless specified otherwise outside of the “Backfill” Special Specifications section.

The use of Granular A RCM shall be per TS 1010. The use of Reclaimed Asphalt Pavement is strictly prohibited


All costs associated with backfill shall be included in all appropriate unit price items. No separate payment shall be made.

52. Compaction – SP52

Non-Standard Special Provision April 2019 The method of compaction is the option of the Contractor; however, water shall not be used as a means of compaction. Water may be used only when required to achieve SPMD Proctor 98% compaction. Compaction tests will be arranged by the Contract Administrator; however, the Contractor shall supply, at their own cost, such materials, labour and other assistance as may be required to facilitate the testing. The Contractor is required to provide compaction in maximum 300 mm lifts irrespective of the methods employed. Fill materials shall be compacted according to TS 501.


All costs associated with compaction and compaction testing shall be included in the appropriate unit price items. No separate payment shall be made.

204 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



53. Restoration – SP53

Non-Standard Special Provision April 2019 In general, the entire site shall be permanently restored to a condition equal to or better than which exists prior to construction to the satisfaction of the Contract Administrator, including homeowner’s planting on homeowner’s property for service replacements, road pavement, driveways, sidewalk, curb, topsoil, trees, shrubs and sod. All restoration shall be completed in accordance with TS 4.60 and the Contract Drawings.

It shall be noted that the City of Toronto shall use Superpave Asphalt Mix for all permanent asphalt restoration works in accordance with the City of Toronto Material Specifications TS 1151 – Material Specification for Superpave, Stone Mastic and Warm Mix Asphalt, and TS 1101 – Material Specification for Performance Graded Asphalt Cement.

The Contractor is advised that the City will not consider additional payment for the restoration of any over breaks that might occur at the edges of the trenches. This work shall be included in the underground unit price item. No separate payment shall be made. All affected areas within or beyond the Limits of the Work, that is caused by equipment or other construction activity shall be permanently restored including, but not limited to, curbs and roadway surfaces damaged by equipment during the course of the Works. All damages within or beyond the Limits of Work caused by equipment or other construction activity not directly related to the completion of the Contract Works shall be restored at the expense of the Contractor and repair of these damages will not be paid under this contract.

The Contractor shall adjust all structures (maintenance holes, catch basins, etc.) within the Contract Drawings to suit final elevations unless indicated otherwise on the Contract Documents. Adjustment of approaches, walkways, and steps may be required. Limits of sidewalk reconstruction on private property will be determined on site by the Contract Administrator. Where adjustments are required to new structures installed under this Contract, all costs for fulfilling these requirements shall be included in the price item for installation of the new structure and no separate payment will be made. Where adjustments are required to existing structures, all costs for fulfilling these requirements shall be included in the appropriate underground unit price and no separate payment will be made.

All costs for permanent restoration of areas impacted by the Work or as shown on the Contract Drawings shall be included on the all related work, however, for the purposes of this Contract, ALL pavement restoration, including subbase, base, middle layer and top layer, including the removal and disposal of the existing shall be included within the cost for underground works.

The permanent restoration indicated on the Contract Drawings shall be considered to be the minimum required and includes areas of known utility cuts and damage where permanent restoration is required. There may be additional areas, such as service laterals installations or repairs, to what is shown within the Limits of the Work that will be required to be restored due to the Work. The Contractor shall review all the Contract Documents and shall satisfy themselves fully as to the actual extent of the restoration that is required. The Contractor

205 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



shall include all costs associated with this additional road removal, disposal, and restoration that is required to restore the roadway per the Contract drawings in the cost of the underground works.

In general, an attempt has been made on the Contract Drawings to fully capture the full scope of the permanent restoration, including utility cut and maintenance repairs, though additional work may be required outside of this In areas outside areas shown on the Contract Drawings where no underground works are taking place, and where the existing road, driveway, sidewalk, or curb is damaged by Others or where existing utility cuts require a permanent repair, where directed by the Contract Administrator the Contractor is to provide permanent restoration. Payment for the additional full depth repair that isn’t shown on the Contract shall be made through the appropriate roadway base unit price item in the Pricing Form.

The Contractor shall commence permanent restoration works immediately following the acceptance of the sewer and/or watermain Works as directed by the Contract Administrator.

Payment for permanent restoration of all items including, but not limited to, sidewalk, crosswalk, curb, curb and gutter, plantings, pavement, driveways, topsoil, trees, shrubs and sod, shall include all costs associated with removal and disposal of the existing. No separate payment shall be made for the above requirement and all cost shall be considered as incidental to the underground work.

TEMPORARY RESTORATION

Temporary road and driveway pavement restoration shall be completed by the next working day following trench backfilling and will consist of backfill as specified, 150mm Granular ‘A’, and 80mm SP12.5 asphalt to match the existing surface. Prior to the placement of the asphalt, all faces, including vertical sawcut existing pavement or sidewalk shall be tack coated using SS-1 emulsified asphalt or equivalent. Use of unshrinkable fill backfill shall be directed by the Contract Administrator or as dictated in the backfill specification.

Temporary sidewalk restoration shall be completed by the next working day following trench backfilling and shall consist of backfill as specified, 230mm Granular ‘A’, and 50mm SP12.5 asphalt to match the existing sidewalk surface. Temporary curb restoration will consist of backfill as specified, 150mm Granular ‘A’, 80mm SP19.0 asphalt to match the existing road surface, and SP12.5 asphalt to form a curb to match existing curb. All pavement restoration must comply with the City of Toronto’s placement and compaction specifications.

All costs for temporary restoration shall be included in the Contract Prices for linear underground infrastructure installation items. No separate payment shall be made for any temporary restoration that is required, including, but not limited to, subsequent removal and disposal of any temporary restoration that is installed.

PERMANENT ROAD RESTORATION

Full depth permanent road restoration may be either asphalt pavement or composite

206 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



pavement, to be determined at the time of reinstatement based upon existing conditions. The Superpave asphalt mix shall be in accordance with TS 1151, which is the City’s new asphalt specification that replaces the former City of Toronto TS 1150 Material Specification for Hot Mixed, Hot Laid Asphaltic Concrete.

Permanent Roadway Restoration shall match existing pavement structure design but shall be at minimum:

Local Residential

ASPHALT PAVEMENT

Bunnell Crescent, Dorking Crescent, Gade Drive, Hallsport Crescent, Ianhall Road, Nash Drive, Roding Street

Top Layer 40 mm SP12.5 B

Middle Layer 60 mm SP19.0 B

Base 150 mm Granular ‘A’

Subbase 150 mm Granular ‘B’

TOTAL 400 mm

For the purpose of road reconstruction, the use of reclaimed concrete material for use as road base will be considered according to TS 1010.

Asphaltic paving restoration to comply with TS 310. Prior to the placement of the asphalt, all faces, including asphalt base course, concrete base, and vertical sawcut existing pavement or sidewalk shall be tack coated using SS-1 emulsified asphalt or equivalent. Restoration shall include a stepped joint for both composite and flexible pavements.

The paved area shall be the wider of 3 m or the width of the entire lane being resurfaced. In locations where the surface asphalt restoration transverse cut will be in a travelled wheel path, or within 1m from the curb, surface asphalt restoration is to be extended as determined onsite by the Contract Administrator.

All pavement restoration must comply with the City of Toronto’s placement and compaction specifications. The maximum lift height shall be 50 mm. The Contractor shall make permanent repairs to all existing subdrains to match existing conditions or better. Concrete road base restoration to comply with TS 3.45.

All costs associated with installing step joints, and routing and sealing joints are to be included in the appropriate unit prices for underground works. No separate payment for those items shall be made.

207 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Payment for the additional full depth repair to top course that isn’t shown on the Contract Drawings shall include all costs associated with this work paid under the provisional line item on a m2 basis, with minimum payment for each repair to be paid as 4m2. The unit cost of this item is to include saw cutting, removal and disposal of the asphalt and existing pavement structure (including concrete base where applicable), supply, installation, and compaction of subbase and base granular, supply and placement of concrete layer per TS 3.45 (including dowels), providing step joints, and supply and placement of asphalt layers.

REINSTATEMENT OF PAVEMENT MARKINGS

Reinstatement of pavement markings shall be done in accordance with City standards. All affected existing pavement markings shall be reinstated in full upon the completion of restoration activities.

New catch basin indicator arrow markings are to be provided as per T-216.02-25.

All costs associated with painting lines and street markings are to be included in the appropriate unit prices for underground works and in the top course restoration unit prices. No separate payment for those items shall be made.

PERMANENT SIDEWALK, CURB AND GUTTER RESTORATION

Sidewalk restoration shall be completed as per TS 3.70 and the Toronto Standard Drawings. Concrete and base thickness shall be according to T-310.010-2 for concrete sidewalks with boulevard and according to T-310.010-4 for combined concrete curb and sidewalk. Granular shall be free of reclaimed asphalt pavement.

Where tactile walking surface indicators are required for permanent restoration where the curb and\or the sidewalk is being replaced, shall be in accordance with applicable standards TS 3.70, T-310.030-7 to T-310.030-11 and included in the appropriate unit price item of the Pricing Form. No separate payment will be made. Where tactile walking surface indicators are required in accordance with applicable standards TS 3.70, T-310.030-7 to T-310.030-11, and all costs associated with the supply and installation of tactile walking surface indicators shall be included in the appropriate unit item of the Pricing Form.

Permanent curbs and curb and gutter restoration shall be completed as per TS 3.50, T-600.05-1 and T-600.11-1. Subdrains shall be installed as per TS 405 and T-216.02-8. The Contractor shall saw cut full depth road pavement a distance of 200 to 300 mm from the face of barrier curb or front edge of gutter and remove and dispose of the existing pavement to accommodate the reconstruction of the curb or curb and gutter. If the Contractor removes concrete pavement or base beyond a distance of 300 mm, the Contractor shall supply and install anchored hook dowels at 300 mm spacing to stabilize the gutter adjustment and at no extra cost to the City. After the curb or curb and gutter is reconstructed, the Contractor shall supply and place the necessary granular and pavement materials to reinstate the roadway to its original composition.

Wherever a side of a sidewalk and curb cut falls between expansion joints, the removal and

208 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



subsequent restoration shall be extended to the nearest expansion joint.

RESTORATION OF LANDSCAPING FEATURES

Where retaining walls, fences, or other landscaping features including river stones, gardens, decorative rocks, vegetation, interlock stone or lock stone and unit pavers that could require restoration and are fronting any lots, the Contractor shall, if machine usage is not possible, remove the existing landscaping feature by hand. If any damage occurs to the landscaping feature during construction, the Contractor shall repair it to its original condition or better at no extra cost to the City.

Any retaining wall or structure that could require reconstruction or replacement as a result of the installation of the sanitary sewer laterals, storm sewer laterals or water services shall be constructed to the original details, including foundation and new compacted granular backfill, to the satisfaction of both the property owner and the Contract Administrator. The Contractor shall review all existing landscaping features to determine the work necessary prior to submitting a bid.

PERMANENT PARKING LOT & COMMERCIAL RESTORATION

Where parking lot is damaged as a result of construction, restoration shall be done in accordance with City standards and is to include the full width of any affected parking area from edge to edge of the area affected by the construction. Where the existing granular material meets the requirement of Toronto Standard Specification TS 1010 for Granular A and is of sufficient depth to provide a minimum of 150 mm compacted thickness of granular material, the Contractor may, with the approval of the Contract Administrator, use the existing granular material in lieu of imported Granular A. Where sufficient depth of granular material is not present, the Contractor shall supply and place Granular A, as required, to supplement the existing material in order to provide a firm 150 mm thick foundation at the lines and grades provided in the Contract or as directed by the Contract Administrator.

Asphaltic parking lot and access routes shall be as per TS 3.30 and T-310.050-8. Asphalt shall have 50 mm of SP12.5 Asphaltic Concrete Mix and 80 mm of SP19.0 Base Asphaltic Concrete Mix meeting the requirements of TS 1151.

TS 1151 is the City’s new asphalt specification that replaces the former City of Toronto TS 1150 Material Specification for Hot Mixed, Hot Laid Asphaltic Concrete.

The Contractor shall also remove, protect, and reinstate existing precast concrete curbs at the end of construction as per pre-construction conditions; all costs shall be considered as incidental to the all related underground work.

REINSTATEMENT OF TRAFFIC DETECTOR LOOPS

The Contractor is to assume that a traffic loop exists under each incoming lane to a traffic

209 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



signal intersection and shall supply all material, labour and equipment required to install/repair a loop detector or loop detector feeder that may be affected by the Works, in accordance with Special Provision - Installation of Traffic Actuation Equipment - RD 421SP. The. All cost associated with this requirement shall be considered as incidental to the all related underground work

TOPSOIL AND SOD RESTORATION

Topsoil and Sod restoration shall consist of 100mm topsoil and sod as per TS 5.01 and TS 5.00. It is the Contractor’s responsibility to ensure that any new sod placed through this Contract has rooted (ready for cutting). If the sod is placed in the fall and does not root until the following spring, then the Contractor’s responsibility shall extend until the sod has rooted in the spring. The Contractor shall be responsible for replacing any dead sod that never rooted and their obligation shall continue until the replaced sod has rooted. The Contract Administrator shall examine the sod after it has rooted and inform the Contractor in writing when their obligations for sodding requirements under the Contract are completed.

PERMANENT DRIVEWAY RESTORATION

Asphalt, concrete and interlocking stone driveways disturbed during construction shall be restored to equal condition or better. Driveway concrete curbs, including curb returns, sidewalks and private walkways impacted by construction shall be reconstructed to original condition or better.

Driveway restoration shall be done in accordance with City standards to include the full width of any affected driveways from the back of curb to the edge of the area affected by the construction. Whenever a cut of any size is made in the driveway apron―the area between the edge of sidewalk and the back of curb―the entire apron shall be restored. Where the existing granular material meets the requirement of Toronto Standard Specification TS 1010 for Granular A and is of sufficient depth to provide a minimum of 150 mm compacted thickness of granular material, the Contractor may, with the approval of the Contract Administrator, use the existing granular material in lieu of imported Granular A. Where sufficient depth of granular material is not present, the Contractor shall supply and place Granular A (free of reclaimed asphalt pavement), as required, to supplement the existing material in order to provide a firm 150 mm thick foundation at the lines and grades provided in the Contract or as directed by the Contract Administrator.

The Contractor shall also, where applicable, complete permanent restoration of the sidewalk and curb at the location of the driveway. Wherever a side of a cut falls between expansion joints, the removal and subsequent restoration of the sidewalk and curb shall be extended to the nearest joint. Wherever space for concrete forms are required to perform the sidewalk or curb repairs adjacent to an existing driveway or pavement, the Contractor shall sawcut the driveway of pavement neatly parallel to the sidewalk or curb.

All driveways and sidewalks shall be saw cut in a straight line. All asphalt or concrete driveways shall be paved for the full width of the driveway so that driveways will have only one straight joint. If short services are located within the asphalt or concrete driveway, the

210 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



driveway shall be paved from the service connection pit to the curb or from the connection pit to the back of sidewalk, so that driveways will only have one straight joint.

The permanent restoration of the driveways shall also include the removal and disposal of the existing driveway surface and temporary restoration.

Asphaltic driveways shall be as per TS 3.30 and T-310.050-8.

Concrete driveways shall be as per TS 3.45 and T-310.050-8. Residential concrete driveway shall be 150 mm of 32 MPa at 28 days with a maximum aggregate size of 19 mm per TS 1350. Industrial/commercial concrete driveway shall be 180 mm of 32 MPa at 28 days with a maximum aggregate size of 19 mm per TS 1350.

Interlocking Stone / Concrete Pavers driveways shall be per Toronto Standard Specification 3.80. If possible, Contractor shall preserve as many of the existing Stones / Concrete Pavers for re-use or shall procure a similar stone/brick to match the existing pattern and colour to the satisfaction of the Contract Administrator. No existing cracked or damaged stones/bricks may be re-used. Any damaged or stolen interlocking stones/bricks shall be replaced with identical items by the Contractor at no extra cost to the City.

Coloured Impressed Concrete driveways shall be as per Toronto Standard Specification 3.85. Contractor shall match existing driveway colour, colour release agent, and pattern as closely as possible to the satisfaction of the Contract Administrator.

Permanent restoration for driveways, sidewalks and private walkways shall be completed within 3 Working Days after the completion of the underground services.

PERMANENT WALKWAY CONSTRUCTION FOR RODING PARK

Walkway restoration shall be completed in accordance with the Contract Drawings and is to include the full width of any affected walkway. The Contractor shall supply and place granular ‘A’ material (free of reclaimed asphalt pavement) meeting the requirements of TS 1010, in order to provide a firm 150 mm thick foundation with a SPMDD of 100% at the lines and grades provided in the Contract or as directed by the Contract Administrator. Asphaltic access walkway shall be as per TS 3.30 and shall be constructed using 80 mm of SP12.5 Asphaltic Concrete Mix meeting the requirements of TS 1151.

TS 1151 is the City’s new asphalt specification that replaces the former City of Toronto TS 1150 Material Specification for Hot Mixed, Hot Laid Asphaltic Concrete.

The Contractor shall also remove, protect, and reinstate existing park features at the end of construction as per pre-construction conditions; all costs shall be included in the price for the park restoration and no additional payment will be made.

Where existing walkway pavement is to be demolished and not replaced with new pavement, the Contractor shall backfill with clean topsoil meeting all of the applicable requirements for backfill into a parkland.

211 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The Contractor shall also, where applicable, complete permanent restoration of the curb at the location of the walkway. Wherever a side of a cut falls between expansion joints, the removal and subsequent restoration of the curb shall be extended to the nearest joint. Wherever space for concrete forms are required to perform the curb repairs adjacent to an existing walkway or pavement, the Contractor shall sawcut the walkway of pavement neatly parallel to the sidewalk or curb. Permanent curb restoration shall be completed as per TS 3.50. The permanent restoration of the walkways shall also include the removal and disposal of the existing asphalt surface and temporary restoration.

SPOT REPAIR FULL DEPTH ROADWAY RESTORATION

In areas as directed by the Contract Administrator where the existing road base and/or sub-base has failed, or where existing utility cuts require a permanent repair, the Contractor is to provide full depth roadway restoration.

This item may apply to utility cuts, maintenance items, low areas in the road, and other conditions existing prior to construction.

This is a provisional item to be used at the Contract Administrator’s discretion.

The surface asphalt restoration shall be extended 300mm on all sides of the cut. Prior to the placement of the asphalt, all faces, including vertical sawcut existing pavement or sidewalk shall be tack coated using SS-1 emulsified asphalt or equivalent.

All pavement restoration must comply with the City of Toronto’s placement and compaction specifications. The maximum lift height shall be 50 mm.

Concrete road base restoration is to comply with TS 3.45.

All costs associated with this Work shall be considered incidental to all related items of Work. No separate payment shall be made. Work requested by the City or Contract Administrator of this nature not associated or related to work covered under other pay items shall be paid for out of the unit rate provided in the provisional line items on a m2 basis, with minimum payment for each repair to be paid as 4 m2. The unit cost of this item is to include saw cutting, removal and disposal of the asphalt and existing pavement structure (including concrete base where applicable), supply, installation, and compaction of subbase and base granular, placement of concrete layer per TS 3.45 (including dowels), and supply and placement of asphalt layers. The City or Contract Administrator have sole responsibility to determine whether or not the work is associated or related to other work covered under the contract and if payment at the unit rate in the contract shall apply.

54. Acceptance of Sewer Work – SP54

Non-Standard Special Provision April 2019 The sewer works shall not be accepted by the City of Toronto until a CCTV inspection has been performed and submitted by the Contractor and reviewed by the Contract Administrator. The CCTV inspection is to be performed and submitted in accordance with

212 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



the City of Toronto Standards.

Flushing, cleaning, and CCTV inspection shall include the supply of all labour, material, and equipment necessary to carry out the work in accordance with the City of Toronto Standards and Specifications.

All new PVC sewers shall pass the deflection testing requirements.

The Contractor shall also supply a survey check for all of the Works installed to verify that all Works have been installed as shown on the Contract Drawings. The Contractor shall secure a third-party Surveyor, licensed to work in the Province of Ontario, to independently confirm all elevations shown on the Contractor’s record drawings. The Contractor shall also provide as-built sewer inverts and lateral services to the Contract Administrator.


All costs arising from the above requirements shall be included in the unit prices for the installation of sewers. No separate payment will be made for these requirements.

55. Slope Protection and Erosion Control – SP55

Non-Standard Special Provision April 2019 The Contractor shall be responsible for all slope protection and erosion control within construction limits as stated in the Contract Documents. All sediment control measures shall be installed, maintained, and removed as per OPSS 805 and shall be maintained throughout the full duration of the Work. Construction works including excavation shall not adversely impact any slope or surrounding area. The Contractor shall take all necessary precautions to mitigate adverse effects to slopes and surrounding areas.

Heavy Duty Silt Fencing

Heavy Duty Silt Fencing shall be placed as per OPSS 805 and OPSD 219.130. The silt fencing shall be placed 0.5 metres offset inside the construction fencing surrounding the entire site, and 1 metre offset the locations where there is an existing residential fencing. All silt fencing shall be installed with metal stakes, nonwoven geotextile, and toed into place.

Erosion Control Blankets

Erosion control blankets shall be biodegradable and constructed of jute, straw, or coir, with no plastic-like polymers.

Erosion control blankets shall be placed on all banks with slopes 3:1 (horizontal/vertical) and steeper and on all disturbed areas where restoration is unable to be completed until the next planting/seeding/sodding session. Erosion control blankets to be installed using manufacturer specifications.

213 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



SiltSoxx™

A SiltSoxx™ is a tubular-shaped material comprised of a fabric exterior filled with wood chips or compost. The SiltSoxx™ is typically laid on the top of the ground along the down-slope areas and alongside-slope areas as required to prevent or reduce erosion. The SiltSoxx™ has to be installed as per the manufacturer’s specifications. The Contractor shall confirm that provided SiltSoxx™ is enough to be able to serve its purpose of prevention of silt erosion.


All costs associated with erosion control shall be included in the appropriate erosion control price item; no separate payment will be made.

56. Limits of Construction in Parks and Parkette – SP56

Non-Standard Special Provision April 2019 The Contractor shall limit all activity located within Roding Park to the areas as shown on the Contract Drawings. The Contractor shall stage the temporary work areas as stated in the Contract Documents. The Contractor shall take all necessary steps to ensure that no undue damage is caused to existing structures, roads, property, utility services, or similar items during the progress of the Work. If any damage is caused, the Contractor shall repair and make good such damage at their own expense to the satisfaction of the Contract Administrator.

Only the areas designated by the City for the Contractor access shall be used.

The Contractor shall provide public access to all recreational facilities, areas, and equipment. The Contractor shall confine operations within areas designated for construction, storage, and access on the Contract Drawings or as directed by the Contract Administrator.

Should the Contractor require additional areas outside of the designated limits as shown on the Contract Drawings, the Contractor shall submit working drawings to the Contract Administrator prior to the start of the Work with a proposed extension of area. The Contractor shall not occupy the additional area until written authorization to do so has been granted from the Contract Administrator.

214 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



In order to minimize disruptions to the use of the park recreational trails and walkways by the public, trails and walkways in and around the construction limits will remain open. Consequently, the Contractor shall not obstruct any trail nor walkway longer or to any greater extent than is absolutely necessary. Where trails and walkways are obstructed due to construction, the Contractor is to provide safe, ample and convenient means of alternative access.

57. Tree Removals – SP57

Non-Standard Special Provision April 2019 The Contractor shall obtain the Permit to remove or Injure Trees prior to any tree cutting or pruning. The Contractor shall not utilize the practice of "free falling" trees to be removed. All trees shall be limbed out prior to the final cutting of the trunk. Sidewalks, curbs, streets and manhole structures shall always be protected from the impact of falling wood by use of the tree or limb ground supports. Ropes or other mechanical devices shall be used to lower all limbs of sufficient size that may cause damage to other trees or surrounding public or private property.

All trees to be removed per Contract Drawings shall be removed by a certified arborist. Tree removals shall include the removal of tree stumps and disposal of trees. The Contractor shall permanently restore the location where the trees have been removed. Where additional trees are to be removed and are not indicated on the Contract Drawings, the Contractor shall notify the Contract Administrator. Upon agreement, the Contractor shall retain the services of an Arborist to prepare an arborist report to support the permit application for the removal of and injuries to the additional trees. The Arborist shall have the following qualifications: qualified by the Ontario Training and Adjustment Board Apprenticeship and Client Services Branch, is a certified arborist qualified by the International Society of Arboriculture, is a consulting arborist registered with the American Society of Consulting Arborists, is a registered professional forester or a person with other similar qualifications as approved by the General Manager, Parks, Forestry & Recreation.

The removal and disposal of brush (dbh < 100 mm and not identified on the Contract Drawings as a tree) shall be considered incidental to the work and be included in the bid price. No separate payment shall be made for the removal and disposal of brush. Brush removal outside of the limits of construction shall not be permitted unless prior approval is obtained from the Contract Administrator.


All labour, Equipment and Material costs associated with tree removals and injuries as indicated on the Contract Drawings shall be considered incidental to the underground linear works, including all costs associated with the preparation of the Application to Injure or Remove Trees and application fees. The Contractor is responsible for confirming the current tree removal and injury fees at the time of tender on the City’s website:

215 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



https://www.toronto.ca/services-payments/building-construction/tree-ravine-protection-permits/permit-to-injure-or-remove-trees/

Upon approval by the Contract Administrator, all labour, Material and Equipment for additional tree removals and replacements not shown on the Contract Drawings shall be paid under the Tree Removal and Replacement Unit Price Item. All permitting costs associated with additional tree injuries and/or removals identified during construction, and not indicated on the Contract Drawings, shall be drawn from the provisional cash allowance provided in the Pricing Form. The preparation of an Arborist report, including a tree inventory, to support the additional tree injuries and removals shall be paid under the Arborist Report Unit Price Item. For the purpose of pricing for the Arborist Report, the Contractor shall assume up to 100 additional tree injuries and/or removals.

Should planting of additional trees beyond the quantity removed be required payment will be at the Tree, 70 mm caliper Unit Price Item. No additional payments outside of the unit costs shall be made.

58. Working Around Trees- SP58

Non-Standard Special Provision April 2019 The work locations on this project may feature natural and landscaped areas with mature trees whose branches may extend over the proposed work.

The Contractor shall be required to adhere to all requirements in the City’s “Tree Protection Policy and Specifications for Construction Near Trees”. Care is to be taken when operating construction equipment in the vicinity of trees so as not to damage the trees in any way.

All tree protection barriers shall be constructed and inspected by the Contract Administrator and the City’s Arborist prior to the start of Work. Where indicated, root zones shall be protected with mulch and steel plates.

No Butternut Trees shall be removed or harmed without Ministry of Natural Resources Approval as per the Endangered Species Act, 2007 O. Reg 242/08. Rigid tree protection barriers are required for existing Butternut trees within the construction limits as shown on the Contract Drawings.

Should any pruning of the trees be required, including roots, this shall be kept to the minimum required to allow for construction to proceed and any pruning of branches must be pre-approved by the City of Toronto. It is the responsibility of the Contractor to determine which, if any, trees require pruning and to notify the City well in advance of construction. The pruning is to be done according to the City Specifications and only by a certified arborist approved by the City of Toronto Urban Forestry Services. The arborist is to provide proof of insurance with the Contractor’s service agreement.

Site meetings to address specific concerns can be arranged with Urban Forestry. Forty-Eight (48) hours prior notice is required to coordinate any site meetings.

216 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit





All costs associated with tree protection and pruning necessary to meet the requirements of this specification, and as detailed in the design drawings, including time spent at site visits and meetings, shall be included in the appropriate unit price items in the pricing form. No separate payment for tree protection and pruning will be paid to meet these requirements.

All materials and equipment shall be kept clear of trees at all times and may not be stored within the tree protection zone as defined in the City of Toronto’s Tree Protection Policy and Specifications for Construction Near Trees. No additional payment will be made for any delays that occur as a result of complying with these requirements.

The Contractor’s arborist must attend the initial tree walk at the start of the contract and is required to attend any subsequent walks due to addition or removal of pruning requirements that may arise during construction due to changes in means and methods.

A table is to be prepared by the Contractor prior to assessing the tree impacts and finalizing the permit application and shall be presented to the City of Toronto and the Contract Administrator one week prior to the first onsite meeting. The table shall contain the following information:

• Street Name

• Proposed Status (eg. Preserve or Remove)

• Proposed Pruning (eg. Elevate to 6m at curb)

• Proposed Root Protection (eg. Tree protection)

• Reasons for Request (eg. Lateral connection, new pipe alignment, etc.)

• Removal Noted in Contract (Y/N)

• Removal/Pruning Included on Previous Permit (Provide permit date)

If it is deemed onsite by the City of Toronto or by the Contract Administrator that additional tree protection or tree pruning above and beyond what is delineated on the drawings and what is required to meet the City’s requirements, then the additional tree protection as requested by the City of Toronto or the Contract Administrator will be paid out through the unit price provisional item in the Pricing Form..

59. Tree, Shrubs, and Groundcover – SP59

Non-Standard Special Provision April 2019 A. Tree, Shrubs, and Groundcover Requirements

This specification covers all trees, plants, planting pits, beds, and soil mixes requirements included herein the Contract Documents for all Works. Herein all references made to “plant”

217 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



shall refer to trees, shrubs, and groundcover.

All plants are to be planted as shown on the Contract Drawings.

Payment for planting shall be made at the unit price bid and shall include the supply of all labour, materials, and equipment for delivery, storage, handling, guying, staking, wrapping, weed control, repellents, antidesiccants, stimulants, soil preparation, plant installation, root deflectors, pruning, repair, testing and watering. No additional payment will be made.

Should the Contract Administrator direct the Contractor to plant a certain plant type more than that specified on the Contract Drawings, the Contractor shall provide, plant, and maintain them at the unit price in the Pricing Form. The unit price shall include all labour, equipment and materials required to plant the additional plantings as required herein this Special Specification.

QUALIFICATIONS OF CONTRACTOR

The Contractor shall provide experienced, qualified personnel under the direction and supervision of a foreman with at least five years of horticultural and planting experience will carry out planting and related work.

Contractor shall provide proof of a foreman with a minimum of five years of experience, competent and skilled in the work of this section to direct all of the work to be performed and to be present at all times during the performance of the work. Acceptable forms of proof of foreman’s qualifications include the following:

1. ISA Certification as an Arborist

2. Diploma in horticulture from a recognized College

3. Ontario Tradesman Certificate

REFERENCES

The following is a list of standards which may be referenced in this section:

1. Canadian Nursery Trades Association: Canadian Standards for Nursery Stock, Latest Edition.

2. Agriculture Canada Publication 1507-1977: The Pruning Manual

3. Hortus Third, Liberty Hyde Bailey, Hortorium, 1976.

4. City of Toronto Urban Forestry By-Law: Tree Protection Policy and Specifications for Construction near Trees.

MEASUREMENT DEFINITIONS

1. In size grading Balled and Burlapped (B & B), caliper takes precedence over height.

218 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



2. In size grading Wire Basket (W.B.), caliper takes precedence over height

3. Take trunk caliper 15cm above the ground level

4. Measure Bare Root plant by height and the diameter

5. Measure size of container-grown stock by pot size, height and width of plant.

6. Measure size of live stakes by length and diameter of cuttings.

SUBMITTALS

1. Plant materials source list.

2. Product data on manufactured products specified.

3. Schedules:

a. Planting sequence schedule

b. Watering schedule

4. Soil percolation test results.

5. Operation and Maintenance Data:

a. Instructions for storage, planting, care, and maintenance of each type of plant for 1 year period in climate and location of the Project.

6. A sample copy of the special warranty.

DELIVERY, STORAGE AND HANDLING

Contractor shall arrange for the inspection of all plant material outlined in the Plant Schedule at its source with the Contract Administrator. Acceptance of the plant material at its source does not prevent rejection of the plant material upon delivery on-site or during planting operation.

Delivery of plant material shall be coordinated with planting operations in order to ensure minimum time lapse between digging and replanting of the plants. All plant material supplied and planted under this Contract shall be protected from damage in accordance with OPSS.MUNI 801, during construction operation. Plant material damaged by the Contractor’s operations shall be replaced at Contractor’s own expense.

All plant material shall be inspected upon delivery to the Contract site prior to unloading. A copy of the delivery receipt shall be provided at the time of delivery. Off spec material shall be removed from Contract site immediately and replacements shipped to the site within 2 working days.

219 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



All plant material shall be inspected again prior to planting. Off spec material shall be removed from Contract site immediately and replacements shipped to the site within 2 working days. All plants shall be contained as specified in the Plant Schedule and meet the minimum height and dimension requirements. Plants shall contain a tag from nursery identifying the nursery, botanical description, container size, and plant height/spread/caliper.

Roots of each load of bare root stock shall be adequately covered with silvi tarps or an approved equivalent during transportation and while in storage the day of planting.

Transport plants specified as balled & burlapped/wire basket with solid root balls wrapped with 150 gram Hessian burlap. Securely bind burlapped rootballs with twine, natural fibre cord, or wire for shipment and handling. Drum-lace balls with a diameter of 800 mm or more. Transport plants with frozen ball only when they are complete with root system intact.

Transport plants with branches tied to prevent damage and pad trunks to avoid abrasion from equipment during transport. Avoid binding of plant material with rope or wire that would damage bark, break branches or destroy natural shape of plant.

Transport plants in enclosed vehicles or covered by tarps. Do not permit plants to be desiccated by wind. Plants arriving on site in unprotected transport shall not be accepted.

The Contractor shall prevent drying out of roots, root balls, trunks, branches and leaves of plants from time of removal at place of origin until they are planted.

All deciduous trees that have budded out and all coniferous trees shall be thoroughly sprayed with an anti-desiccant immediately before transport to Contract site. Apply a sufficient amount over trunks, branches and foliage. Plants may be re-sprayed after delivery to Contract site and once planted if deemed necessary by the Contract Administrator.

Balled and burlapped, wire basket, and container grown plant material shall not be stored on the Contract site unless the rootball or container is protected from the sun and wind and kept moist.

Live stakes will be delivered on site on the scheduled planting day. Live stakes will be stored in a sealed plastic container and kept in cold storage at temperature of 4 degrees Celsius until planting day. The Contractor shall remove live stakes from cold storage one day prior to planting and hydrate the cuttings by placing them in a clean/new bucket filled with potable water that is maintained at 4 degrees Celsius for 24 hours.

While temporarily stored at the site, plant material shall be placed in the shade where possible, and soil, dampened straw or similar material shall be placed around the root ball and kept moist at all times.

Plants with broken or abraded trunks or branches, or with broken cracked root balls, or plants that are desiccated, shall be rejected. Any live stakes that develop mold, mildew or are exhibiting root development will be discarded and replaced.

220 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Plant material deemed unacceptable shall immediately be removed from the Contract site by the Contractor.

SCHEDULING AND SEQUENCING

The Contractor shall provide to the Contract Administrator a detailed schedule outlining proposed planting sequence. The Contractor shall notify the Contract Administrator at least 3 working days in advance of each delivery date.

The Contractor shall conduct planting during times of year that are normal for such work as determined by accepted local practice. Installation of Balled & burlapped (B&B), Wire Basket (W.B.) and Container Grown plant material (C.G.) shall be carried out from the time the ground is frost free to October 15.

For all plantings in this Contract, upgrades made by the Contractor to plant type or size shall be subject to approval by the Contract Administrator. If the Contractor so chooses to upgrade the type or size of planting stock, all costs shall be at the Contractor’s expense. No separate payment for upgrading the type or size of planting stock will be made.

Plant trees and shrubs after installation of all hard surfaces and upon establishment of final grades. All planting work shall be completed prior to initiating sodding work but following any seeding work. Plant materials to be installed within a period of time that shall allow for seeding and sodding of lawns and grasses during an acceptable time of year.

The location of all plant material shall be staked out on the ground for review by the Contract Administrator. Excavation shall commence following the Contract Administrator inspection and approval of staking.

A watering schedule must be provided to the Contract Administrator at least 24 hours in advance of commencing watering. The schedule must include the frequency of watering and a list of locations where trees will be watered. Once watering is complete, the Contractor must contact the Contract Administrator by email within 8 hours, so that watering can be inspected.

B. Tree, Shrubs, and Groundcover Material

This specification covers all plants, planting pits, beds, and soil mixes accepted products and materials included herein the Contract Documents for all Works.

PLANT MATERIALS

All general use plant material shall be nursery grown and meet the specifications as set out in the latest edition of Canadian Standards for Nursery Stock (CSNS) prepared by the Canadian Nursery Landscape Association (C.N.L.A.) for type of root preparation, sizing, and grading.

The seed source of the specified plant material and the plant material itself shall be grown in

221 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Zone 5 according to Agriculture Canada Plant Hardiness Zone Map. Native plants to be sourced from nurseries within 100 km of Toronto, unless otherwise approved by the City.

The Nomenclature (Names of Plants) shall be in accordance with “Hortus Third” and conform to the International Code of Nomenclature of Cultivated Plants, and the latest edition of Standardized Plant Names.

The Stock Quality and Size shall be as follows:

1. Nursery-grown, habit of growth normal for species.

2. Sound, healthy, vigorous, and free from insects, diseases, and injuries.

3. Equal to or exceeding measurements specified in plant list. Street trees and caliper trees shall be a minimum of 60 mm caliper. Measure plants before pruning with branches in normal position.

4. Root System of Container-Grown Plants: Well developed and well distributed throughout the container, such that the roots visibly extend to the inside face of the growing container.

5. Perform necessary pruning at time of planting.

6. Sizes: Dimensional relationship requirements of CSNS AAN Z60.1 for kind and type of plants required.

7. Bare root plants shall have healthy, well branched root system characteristic of species and adequate spread. All bare root trees to be planted while dormant: in the Spring before buds and leaves open but after the ground has thawed, or in mid-Autumn after the leaves have fallen but before the ground freezes.

8. Balled and Burlapped, Wire Basket and Container-grown plant material shall be dug and potted in accordance with the latest edition of the Guide Specification for Nursery Stock prepared by Canadian Nursery Landscape Association

9. Stock: Grown in delivery containers for at least 6 months but not over 2 years. Container grown street trees shall not be permitted for planting, unless approved by the Contact Administrator.

10. Label each tree and at least one shrub of each variety with securely attached waterproof tag bearing legible designation of botanical and common name.

11. Live stakes will be composed of softwood cuttings that are no more than two years old. Live stake sizes are to be as per Plant Schedule shown on the dwgs. Live stakes will be collected and stored as follows:

a. Cuttings will be obtained from local sources within a 100 km radius of the construction site.

222 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



b. Cuttings will be collected from local plant sources with approval from land owners or agency representative or may be purchased from a local nursery

c. Cuttings will need to be collected in early spring (February, March, April) while plant stock is dormant. Once cuttings have been harvested they will be moistened, placed in a plastic lined container and refrigerated (kept at a constant temperature of 4 degrees Celsius until time of installation.

d. Depending on timing of installation, prior arrangerments shall be made to create and store a sufficient amount of cuttings in cold storage.

All plant material to be supplied as per Tree Removal and Replacement Tables and Plant Schedules outlined on the Contract Drawings.

Substitutions to the plant schedules shall not be permitted unless prior written approval for substitution from the Contract Administrator has been obtained. Plant substitutions must be of similar species and of equal or greater size than those originally specified. No additional cost shall be entertained for substituted plant material.

ANTIDESICCANT

The Contractor shall provide transpiration retarding material to be used where any plant material is moved during the growing season. Anti-desiccant emulsion shall be a product specifically manufactured to provide a flexible surface film to reduce transpiration yet not impede passage of carbon dioxide and oxygen. ‘Wilt Pruf Antiperspirant Concentrate’ manufactured by Wilt Pruf Products, Inc. shall be used, or an approved equivalent.

Guying, Staking, and Wrapping Materials

1. Staking and guying of trees shall be used in areas of extreme wind, sandy soil or on slopes to stablize the trees. Staking and guying shall be removed after the warranty period.

2. Wood stakes shall be 50 mm by 50 mm by 2.1 metres.

3. Fastening for tying and guying trees shall be ArborTie.

MULCH

Organic Mulch is to be used in street tree planting pits. Mulch provided for street trees shall be a mix of locally available premium grade, shredded pine bark mulch and non-green partially composted wood chips, shredded to an average chip size of 20mm to maximum 50mm diameter particle size, free from stones, twigs, leaves, branches, noxious weed seed and foreign material harmful to plant growth and other extraneous material.

The Contractor shall provide a submittal of information regarding supplier, source, sample, and testing if requested. Samples of the above are to be provided to the Contract Administrator for review and approval prior to delivery of any mulch to the Contract site. The

223 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



information shall be submitted at least two weeks prior to installation. The Contractor shall be responsible for pick-up and delivery of all approved mulch from the source of supply to the Contract site.

City of Toronto Forestry Mulch Blend is to be used in Parks. City of Toronto Forestry Mulch Blend is a mix of Aged Pine Mulch –screened to 1 inch –(75%), and Compost Type AA (CAN/BNQ Standards) screened to ½ inch, with a pH less than 8.0, total salts (electrical conductivity ) 2-3 MMHO/CM, organic matter content, 55% or more (25%).

City of Toronto Forestry Mulch Blend must:

1. Be fully composted through aerobic decomposition (produced under high oxygen conditions) and guaranteed to be free of weeds, weed seeds, and pathogens.

2. Be completely free of all foreign, non-pine bark based material. Mulches derived in any part from wood pallets, recycled paper or sewage sludge is not acceptable. Compost to meet standards in Soil Amendment section.

3. Have a pH between 6-7

4. Have a Carbon to Nitrogen (C:N) ratio not more than 100:1

5. Have a particle size less than 50mm with not more than 40% less than 15mm.

6. Not be contaminated with soil, stones, salts, chemicals, roots, or any other extraneous, foreign material.

7. Have proper weight and density so that it stays in place once applied.

8. Be proven to be an effective weed barrier, soil amendment and retainer of soil moisture.

The Contractor must provide proof of purchase of City of Toronto Forestry Mulch Blend prior to any installation. No substitutions will be accepted.

WEED CONTROL FABRIC

Weed control fabric shall not be used unless approved by the Contract Administrator.

TOPSOIL

Native topsoil shall be used for all planting work (including trees), especially within RNFP By-law areas. Outside of RNFP By-law Area, topsoil shall be in accordance with the Construction Specification for Growing Medium, TS 5.10.

FERTILIZER

Fertilizers: Commercial, complete, of neutral character; in granular, packet, or pellet form, 75 percent of nitrogen shall be slow release form, 50 percent of the elements of which shall be

224 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



derived from organic sources.

The following fertilizer requirements are for tendering purposes only:

1. Trees: 10-6-4 at 1 kg per 25mm of tree caliper or as outlined in planting soil analysis fertilizer recommendations

2. Planting beds: 12-6-4 at 1kg per cubic meter of planting soil or as outlined in planting soil analysis fertilizer recommendations. Plantings within the RNFP should not be fertilized.

Slow-release and natural fertilizers shall be incorporated into planting soil. Quick –release fertilizers shall be broadcast after planting and then watered in. Do not mix quick-release forms with the planting soil used to backfill the planting pit.

ROOT STIMULANT

“Wurzil” root stimulant dip as manufactured by the Professional Gardener Co. Ltd or approved equivalent.

WATER

Water shall be potable and free of impurities and chlorine that would inhibit germination and growth. Water temperature shall not be more than 10 degrees Celsius below ambient air temperature. The Contractor shall be responsible for obtaining water from own sources. Contractor shall be responsible for obtaining permits or certificates for water usage.

Watering bags placed around tree trunks must be used for caliper tree watering. Defective watering bags will be rejected and must be replaced immediately for the duration of the warranty period.

Water tanks used for application of water shall be clean and free of any contaminants that shall be hazardous to the growth and development of plant material or to the general environment. Pumps used for watering plant materials shall be capable of reaching the limits of the Contract site. The outlet end of the hose shall be 25mm in diameter with quick shut-off valve connected to a functioning water injection pipe.

SURVEY STAKE

Wood or metal stake measuring 600 mm in length. Colour flagging tape shall be used to differentiate between stake markers.

REPELLENT

‘Super Hunter’ mammal and bird repellent manufactured by Superior Control Product Inc. or approved equivalent.

‘Super Hunter’ distributor: Manchester Products

225 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



CONIFEROUS TREE WRAP BURLAP

Wrapping material for coniferous trees shall be new burlap, at least 270g/m² in weight supplied in 1.0m wide or 1.5m wide rolls.

ROOT DEFLECTOR

Root deflectors used to protect root damage around gas pipelines or hardscapes shall be submitted and approved by Contract Administrator prior to installation.

C. Trees, Shrubs, and Groundcover Installation

This specification covers the installation requirements of all plants, planting pits, beds, and soil mixes included herein the Contract Documents for all Works. The Contractor shall install and maintain all plants as specified below.

PERCOLATION TESTS

Perform percolation tests to determine subsoil drainage in planting areas by licensed Contractor according to method specified in Minimum Property Standards For One and Two-Unit Dwellings, FHA Section 1103 103. The Test Hole Depth shall be 750 mm.

Drain test shall ensure adequate subsoil drainage by filling bottom one-third of tree pit with water and checking for complete drainage after 24 hours. Obtain approval of drain test from the Contract Administrator prior to planting and backfilling.

LOCATION OF PLANTS

Locate new plantings as shown on the Contract Drawings unless obstructions are encountered, in which case notify the Contract Administrator. Location of individual trees and planting modules where indicated, are approximate and may require adjustments in the field due to site conditions. The layout locations of all plant material shall be reviewed by the Contract Administrator prior to planting. Excavation shall commence following the Contract Administrator’s inspection and approval of staking.

In cases where horizontal clearance of minimum 1.2 metres between a proposed tree location and gas main cannot be maintained, a root deflector shall be installed on the sides of the root ball adjacent to the gas pipeline.

PREPARATION

The Contractor shall prepare plant pits and beds after percolation test results are received and approved by the Contract Administrator.

For Planting Soil, the Contractor shall delay mixing of amendments and fertilizer if planting shall not follow preparation of planting soil within 2 days. For pit and trench type backfill, mix planting soil prior to backfilling and stockpile at Site.

226 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Plants: Place on undisturbed existing soil or well-compacted backfill.

Trees and Shrubs:

1. Pit and Trenches: Excavate with vertical sides. Scarify sides and break up soil at bottom of planting hole to a depth specified in the Contract Drawings.

2. B & B and W.B. Trees and Shrubs: Make excavations at least twice as wide as roo t ball.

3. Container-Grown Stock: Excavate as specified for B & B stock, adjust for size of container width and depth.

4. Install root barrier to the full depth of the tree planting pit.

5. Fill excavations with water and allow to percolate out prior to planting.

6. Bare Root Stock: make excavations 300 mm wider than the spread of the roots

7. Live stake area: cultivate entire live stake area to a depth of 300 mm. Place planting soil in live stake area .Ensure that texture of planting bed is loose textured and permits manual installation of cuttings by hand.

PLANTING

Plant material shall not be placed in the planting pit until all evidence of frost has left the ground.

Plant trees before planting surrounding smaller shrubs. Set plants plumb so they are in the same relationship to finished grade after settlement, as they were in the nursery or pot. Trees to be planted at a level that places trunk flare above finished grade.

Face plant to give best appearance when viewed from prime vantage points and prominent views (sidewalk, building, driveway to acceptance of the Contract Administrator).

For B & B and W.B. Plants, place in pits by lifting and carrying by its ball (do not lift by branches or trunk). Lower into pit. Set straight and in pit center with tip of rootball 25mm to 50mm above adjacent finish grade.

For Container-Grown Plants, remove containers, slash edges of rootballs from top to bottom at least 25mm deep. Plant as for B & B plants.

For Bare Root Plants create a firm soil mound at the bottom of the planting hole. Spread roots so that root flare is at finished grade and the tree is straight. All broken or damaged roots shall be cut back to the point where they are clean and free of rot. No other root pruning shall be done.

For live stakes, remove cuttings from cold storage one day prior to the installation date and

227 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



commence hydration of the live stakes. Live stakes will remain in water filled buckets during planting. Install live stakes with buds facing upward into prepared planting bed. Install by hand. If too much resistance is encountered, install a pilot hole using a dibble that is roughly equivalent to the diameter of the live stake. Install live stakes with two terminal buds above the surface elevation. Ensure that the live stake is in contact with soil by pressing soil against live stake.

BACKFILLING

Backfill with existing topsoil in RNFP Area or imported topsoil (tested and approved by Contract Administer) shall be used in areas outside of RNFP Area. For Balled and Burlapped (B & B) / Wire Basket (W.B.) Plants:

1. Remove all synthetic materials prior to backfilling

2. Partially backfill pit to support plant.

3. Backfill in maximum 150mm lifts and compact to remove air pockets until planting pit is 1/3 full.

4. Remove burlap and binding from sides and tops of B & B plants, do not pull burlap from under rootballs.

5. When excavation is approximately 2/3 full, water thoroughly before placing remainder of backfill to eliminate air pockets even if it is raining. Finish backfilling pit sides.

6. Never cover top of rootball with soil. Form a saucer above existing grade, completely around the outer rim of the plant pit.

7. Establish a berm/saucer above existing grade and water as outlined above

Provide an earth saucer at the base of individual trees and shrubs. Diameter of saucer to correspond to planting pit diameter as outlined on planting detail drawings.

For Bare Root Plants:

1. Spread roots of bare root plants into natural position, over the pedestal of firm soil free of bunching, kinking or circling.

2. Backfill planting hole with existing unamended soil and water thoroughly.Soil should be worked firmly into and around the roots so that there are no air pockets.

GUYING, STAKING, AND WRAPPING

Staking is not a requirement. Trees with excessive stem movement within the root ball at the time of planting will not be accepted. The Contractor will be required to straighten and stake trees, at no additional cost to the City, if the tree moves 10 degrees or more at any time during the warranty period.

228 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Where stakes are required, the Contractor shall use two (2) wooden stakes, 50mm by 50mm by 2.1m, which are to be driven 70cm below the grade line, into non-excavated soil next to the rootball, leaving at least 5cm between the top of the stakes and the first branch, to support the tree. The stakes must be in line with the direction of the prevailing winds.

Only ArborTie will be accepted for fastening.

Adjust tension in fastening as required during warranty period. Remove and dispose of stakes and fastening at the end of warranty period.

FERTILIZER

Add as top dressing depending on plant size and manufacturer’s recommendation upon completion of planting operation or during warranty period. Unless major deficiencies are discovered the planting within the RNFP Area shall not be fertilized.

MULCHING

Immediately after planting, prior to the initial watering install mulch or within two days after installation of plant material.

Mulch bed shall be applied in a uniform continuous blanket to the surface area surrounding each individual tree, shrub and groundcover. Depth of mulch surrounding each individual tree, shrub and groundcover shall be 100 mm (after settlement). The mulch surface area shall extend over the full extent of the planting pit and the earth berm/saucer and include an additional 150mm radius beyond the circumference of the earth berm/saucer.

Within the RNFP Area, where construction works are not immediately followed (2 weeks or less) by restoration planting works, all planting beds scheduled for planting with shrubs and vines shall be seeded, instead of mulched, after construction works according to the Special Specifications for Seeding and Sodding.

For all other areas and conditions, all planting beds planted with shrubs and groundcover shall be covered with a uniform continuous blanket of mulch. Depth of mulch in planting beds shall be 100mm (after settlement). The mulch surface area shall extend 150 mm beyond perimeter of the planting bed; mulch surface should be levelled with adjacent finished grade.

Planting bed edge shall be cut with straight sharp edges to min depth of 75mm. The trench shall be filled to grade with slightly compacted mulch.

Excess mulch shall be removed by Contractor. Seeding within fully mulched planting beds will not be required.

Keep mulch 150 to 250 mm away from trunks or stems of all plant material to prevent rodent nesting and disease (rot).

Saturate planting area with water after placing mulch.

229 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Mulch shall be maintained at the specified depth throughout the warranty period. Additional mulch may be required or displaced mulch may need to be redistributed as required throughout the warranty period. The addition of supplemental mulch to meet the required 75mm and 100-mm depth shall be carried out by the Contractor at no additional cost to the Contract.

Mulch shall not be installed on slopes greater than 3:1 (horizontal/vertical).

WATERING

Watering of all plant material shall commence immediately following planting. Apply sufficient water to saturate root zone of plants. Water each caliper tree with a minimum of 40L of water immediately following planting and prior to watering bag installation. Initial watering shall be uniformly applied to each individual tree by two injection applications directly into the soil. Both injections shall be located at the outer edge of the planting pit and shall penetrate the ground to a depth of 450 mm.

Watering of all plants, excluding caliper trees, shall be carried out as required during the maintenance period between April 15 and October 15 of each year. Watering of caliper trees shall be carried out as specified below during the maintenance period between June 1 and September 30 of each year. All coniferous trees shall be watered in late fall, just prior to freeze-up.

Each nursery stock tree (greater than 40 mm caliper or 1.2 m height) shall be watered using watering bags. Each watering bag must be filled with 60 L of water. Contractor shall ensure that watering bags drain properly and are securely installed. Watering bags must be filled every two weeks, with each tree being watered a minimum of 8 times. During dry periods, more frequent watering may be necessary. For planting beds, water shall be applied to the entire planting bed surface area. Ensure a minimum penetration of 300 mm depth.

Water shall be uniformly applied to avoid dislocating mulch, soil, and tree guards. Damage incurred as a result of watering shall be immediately repaired to the satisfaction of the Contract Administrator at no additional cost.

Do not overwater plants. Contractor shall maintain appropriate hydrological conditions, as required to maintain plant material in a vigorous, healthy growing condition. Under no circumstances shall foliage be allowed to wilt or evergreens be allowed to dry out.

The Contractor shall obtain any permits or certificates for water usage. No water is available for usage in the Park and Watercourse. All water utilized shall be trucked in.

Remove all watering equipment and materials at the end of warranty period.

PRUNING AND REPAIR

All pruning shall be carried out by a Certified Arborist in accordance with Agriculture Canada Publication 1507-1977 “The Pruning Manual” and the City of Toronto Tree Protection Policy

230 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



and Specifications for Construction Near Trees.

Prune only after planting and in accordance with standard horticultural practice to preserve natural character of the plant. Perform in the presence of the Contract Administrator. Remove all dead wood, suckers, and broken or injured branches. Do not remove leaders. Do not plant trees without a prominent, vigorous leader. Use sharp, clean tools.

Make cuts smooth, clean and flush to base members. Leave no stubs. Cut back cambium to living tissue where cuts are made, and at bruises, scars and other injuries. Shape wood to prevent the retention of water.

WEED CONTROL

Maintain a weed-free condition within planting areas. All weeding shall be carried out by hand. Weed whackers or whipper-snippers shall not be used to remove weeds in the vicinity of plant material. The application of herbicides shall not be permitted unless otherwise approved by the Contract Administrator. Removed weeds shall be disposed off of the Contract site.

At a minimum, weeding of planting and mulched areas shall be carried out once each month or as required to keep all grass/wildflower/weed growth less than 250 mm in height. A 2.0 m wide band around all mulch planting beds shall be cut bi-weekly at a height of 120 mm. More frequent cutting shall be required to ensure that grass within 2.0 m wide band never exceeds 250 mm.

Application of herbicide to control unwanted weed growth within planting beds and individual planting pits shall be coordinated with a licensed herbicidal applicator. Any application of chemicals shall be approved by the Contract Administrator prior to use. Cultural or non-toxic methods shall be given first priority. Do not use D.D.T. or other chemicals prohibited by Agriculture Canada.

All mulched planting beds and individual planting pits shall be weeded immediately prior to final warranty inspection.

PROTECTION OF INSTALLED WORK

Protect planting areas and plants against damage for duration of maintenance period. Install tree wrap around all coniferous trees over the winter and remove each spring.

60. Seeding and Sodding within Parks – SP60

Non-Standard Special Provision April 2019 A. Seeding and Sodding Requirements

This specification covers all seeding and sodding requirements for areas within Parks outside of the Road Right-of-Way. For sod restoration within the Road Right-of-Way, refer to the Restoration SP.

231 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



SUBMITTALS

1. Product labels/data sheets.

2. Seed: Certification of seed analysis, germination rate, and inoculation:

a. Certify that each lot of seed has been tested by a testing laboratory certified in seed testing, within 6 months of date of delivery. Include with certification:

i. Name and address of laboratory.

ii. Date of test.

iii. Lot number for each seed specified.

b. Test Results:

i. name.

ii. Percentages of purity and of germination.

iii. Weed content for each kind of seed furnished.

c. Mixtures: Proportions of each kind of seed.

3. Seed Inoculant Certification: Bacteria prepared specifically for legume species to be inoculated.

4. Certification of sod; include source and harvest date of sod, and sod seed mix.

5. Description of required maintenance activities and activity frequency.

DELIVERY, STORAGE, AND PROTECTION

Seed:

1. Furnish in standard containers with seed name, lot number, net weight, percentages of purity, germination, and hard seed and maximum weed seed content, clearly marked for each container of seed.

2. Keep dry during storage.

Sod:

1. Do not harvest if sod is excessively dry or wet to the extent survival may be adversely affected.

2. Harvest and deliver sod only after laying bed is prepared for sodding.

3. Roll or stack to prevent yellowing.

232 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



4. Deliver and lay within 24 hours of harvesting.

5. Keep moist and covered to protect from drying from time of harvesting until laid.

Hydroseeding Mulch: Mark package of wood fiber mulch to show air dry weight.

WEATHER RESTRICTIONS

The Contractor shall only perform work under favourable weather and soil moisture conditions as determined by accepted local practice.

SEQUENCING AND SCHEDULING

Complete Work under this section within 10 days following completion of soil preparation.

Notify Contract Administrator at least 3 days in advance of:

1. Each material delivery.

2. Start of planting activity.

Planting Season: The Contractor shall wait until adequate time in the spring when growing conditions are acceptable for seeding and sodding.

Unless otherwise noted on the Contract Drawings, where planting beds planted with shrubs and vines are covered with a uniform continuous blanket of mulch (as specified in Special Specifications for Trees, Shrubs and Groundcover) and where slope gradient is less than 3:1, seeding within fully mulched planting beds will not be required.

B. Seeding and Sodding Materials

This specification covers all approved products and materials seeding and sodding included herein the Contract Documents for all Works.

FERTILIZER

Commercial, uniform in composition, free-flowing, suitable for application with equipment designed for that purpose. Minimum percentage of plant food by weight.

Application Rates: Determined by soil analysis results.

Top Dress Type: As recommended by local authority.

SEED

Fresh, clean new-crop seed that complies with the tolerance for purity and germination established by Official Seed Analysts of North America.

Seed mix species and ratios shall be as specified in the Contract Drawings and shall be

233 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



applied at the specific application rates indicated on the Contract Drawings.

Nurse Crop (if required and dependent upon the planting period)

1. Annual Rye.

2. Incorporated into the seed mixes at a rate specified on the Contract Drawings.

3. Obtain approval of Contract Administrator prior to incorporating nurse crop into seed mix.

SOD

Grass Sod Type: to be used in all areas to restore grassed areas as part of the works or as damaged by construction activities. Certified, containing the following grass species:

Species Proportion by Weight

Kentucky Blue Grass 60-70%

Creeping Red Fescue 30-40%

Strongly rooted pads, capable of supporting own weight and retaining size and shape when suspended vertically from a firm grasp on upper 10 percent of pad.

1. Grass Height: 40 to 60 mm.

2. Strip Size: minimum dimensions 400 mm wide by 910 mm long.

3. Soil Thickness: Uniform; 25 mm plus or minus 6 mm at time of cutting.

4. Age: Not less than 10 months or more than 30 months.

5. Condition: Healthy, green, moist; free of diseases, nematodes and insects, and of undesirable grassy and broadleaf weeds. Yellow sod, or broken pads, or torn or uneven ends shall not be accepted.

TOPSOIL

For all work within RNFP Area, only on-site topsoil shall be used for all planting work, including seeding and sodding. Outside of RNFP Area, imported topsoil may be used if the existing soil has been analyzed and determined to be suitable for tree planting. If additional soil is required, imported topsoil may be used outside of RNFP Area.

All topsoil provided shall be supplied and placed as per TS 5.10 to a minimum depth of 150 mm. Topsoil provided shall be fertile, friable, natural loam containing 5% minimum organic matter for clay and 3% for sandy loams, to a maximum of 25% with acidity range from pH 6.0 to 7.8.

234 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Topsoil shall be capable of sustaining vigorous plant growth and be free of the following:

1. Mixture of subsoil, lumps and stones greater than 5 mm in diameter.

2. Coarse vegetative material greater than 10 mm in diameter and 100 mm in length.

3. Weeds, weed seeds and rhizomes.

4. Toxic material and soil sterilants that shall inhibit plant development.

The soil backfills used for the subdrain system shall be classifiable as a sandy loam and contain 3-5% of organic matter (refer to the USDA system of nomenclature for soil texture).

HYDROSEEDING MULCH

Wood Cellulose Fiber Mulch:

1. Specially processed wood fiber containing no growth or germination inhibiting factors.

2. Dyed a suitable color to facilitate inspection of material placement.

3. Manufactured such that after addition and agitation in slurry tanks with water, the material fibers shall become uniformly suspended to form homogenous slurry.

4. When hydraulically sprayed on ground, material shall allow absorption and percolation of moisture.

Erosion Control Blanket Matting:

1. Light, 100% biodegradable, without netting;

2. Minimum functional longevity of 18 months;

3. Product: W Netfree distributed by Terrafix Geosynthetics Inc., or approved equal

Staples (For Erosion Control Blanket):

1. 100% biodegradable; 150mm long

2. Product: E-staple distributed by Terrafix Geosynthetics Inc., or approved equal

TACKIFIER

VerTack Hydroseeding Tackifier derived from natural organic plant sources containing no growth or germination-inhibiting materials.

1. Capable of hydrating in water, and to readily blend with other slurry materials.

2. Wood Cellulose Fiber: Add as tracer, at rate specified by seed mix manufacturer.

235 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



WATER

Water used for seeding and sodding shall be as per the water requirements for plants, shrubs and groundcover.

SURVEY STAKE

Wooden or steel survey stake (500mm long) with colored flag shall be used to identify seeding area limits.

C. Seeding and Sodding Installation

This specification covers the installation requirements of all seeding and sodding included herein the Contract Documents for all Works. The Contractor shall install and maintain all seeding and sodding as specified below.

EXAMINATION

Make available topsoil test results and soil amendments recommendations for review by Contract Administrator

Ensure that all rough grading and backfilling has been completed in accordance to Grading Plan. Check subgrade condition for conformity with elevations shown on Contract Drawings. Notify Contract Administrator of any irregularities before proceeding.

Ensure that topsoil has been placed on all seeding areas as specified. All structures, hard surfaces such as walks, and curbs shall be in place prior to commencing seeding Work.

Identify and mark with steel survey stake the boundary of the seed mixes and sod areas. Mark each boundary with marker spaced every 20 m along the boundary line. Distinguish between boundaries by using different colour survey stake. No planting shall take place until these boundaries have been marked in the field.

Ensure that all barrier fencing is in place to protect existing vegetation to be retained prior to commencing cultivation of seeding areas.

Notify the Contract Administrator immediately if unsatisfactory conditions are found. Do not start subsequent stages without approval of the Contract Administrator.

PREPARATION

Grade areas to smooth-even-surface with loose, uniformly fine texture.

Seed Bed Preparation for Spring Seeding:

1. Cultivate area to be seeded in the Spring during the first two weeks of May after spring runoff. Cultivate to a depth of 100 mm removing all unwanted vegetation from seeding area. Cultivate area for a second time 14 days later

236 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



2. Till the prepared seed bed to a depth of 50 mm 5 to 7 days after the first good rainfall following second cultivation. Incorporate fertilizer during tilling operation.

3. Prepare the seed bed by immediately roller packing the tilled area, removing any ridges, depressions to meet finished grades.

4. Moisten prepared areas before planting if soil is dry. Water thoroughly and allow surface to dry off before seeding. Do not create muddy soil conditions.

5. Apply seed material immediately after free surface water has drained away

6. Target seed application date should be between April 15 and May 31.

Seed Bed Preparation for Fall Seeding:

1. Maintain seeding area so that existing vegetation is kept less than 300 mm in height and seed heads are not allowed to develop. Cut seeding area regularly to maintain 300 mm height of existing vegetation until cultivation of seeding area is initialized.

2. Cut unwanted vegetation to the ground and remove cuttings from contract site.

3. Cultivate area to be seeded in mid-summer between the last week of July and the first week of August. Cultivate to a depth of 100 mm removing all unwanted vegetation. Cultivate area for a second time 14 days later.

4. Till the prepared seed bed to a depth of 50 mm 5 to 7 days after the first good rainfall. Incorporate fertilizer during tilling operations.

5. Prepare the seed bed by immediately roller packing the tiled area.

6. Moisten prepared areas before planting if soil is dry. Water thoroughly and allow surface to dry off before seeding. Do not create muddy soil conditions.

7. Apply seed material immediately after free surface water has drained away

8. Target seed application date should be between August 15 and September 30.

FERTILIZER

Apply evenly over area in accordance with manufacturer’s instructions. Mix into top 50 mm of topsoil.

The following fertilizer recommendations are for tendering purposes only:

1. Apply four applications of 10-6-4 fertilizer at 2.5kg/100m2 in the spring (as soon as snow melts), late May, early July, and early September.

2. Apply a single application of 0-20-0 fertilizer at 2.0kg/100m2 in early spring or late fall.

237 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



3. Fertilizer requirements and rates shall be adjusted to conform to topsoil testing report recommendations.

SEEDING METHODS

Start seeding within 2 days of preparation completion.

There are two primary methods to be used to apply the seed material: mechanical drill seeding and hydroseeding.

Hydroseed slopes steeper than 3:1. Flatter slopes may be mechanically seeded.

Mechanical:

1. Use drill (e.g. Brillion) type seeder.

2. Roll with ring roller to cover seed, and water with fine spray.

3. Broadcasting shall be allowed only in areas too small to use drill type seeder. Where seed is broadcast, increase seeding rate 20 percent. Broadcast seed in two different directions, compact seeded area with cultivator or roller.

Hydroseeding:

4. Apply on moist soil, only after free surface water has drained away.

5. Prevent drift and displacement of mixture into other areas.

6. Upon application, allow absorption and percolation of moisture into ground.

7. Mixtures: Seed and fertilizer may be mixed together, apply within 30 minutes of mixing to prevent fertilizer from burning seed.

Cover Crop Seeding: Apply seed at rate specified on the Contract Drawings.

Mulching: Apply uniform cover of wood fiber mulch at rate of 1,680 kilograms per hectare.

Netting: Immediately after mulching, place over mulched areas with slopes steeper than 3:1 in accordance with manufacturer’s instructions. Locate strips parallel to slope and completely cover seeded areas.

Tackifier: Apply over mulched areas with slopes steeper than 25 percent in accordance with the manufacturers recommended requirements.

Water: Apply with fine spray after mulching, to saturate top 100mm of soil.

EROSION CONTROL

Erosion control blanket to be placed on all banks with slopes 3:1 (horizontal/vertical) and

238 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



steeper. Remove all rocks, clods, vegetative or other obstructions so that the installed erosion control blankets will have direct contact with the soil. Erosion control blankets to be installed using manufacturer specifications.

SODDING

Do not plant dormant sod, or when ground is frozen. Place Topsoil as per TS 5.10 prior to the placement of the sod.

Lay sod to form solid mass with tightly fitted joints; butt ends and sides, do not overlap.

1. Stagger strips to offset joints in adjacent courses.

2. Work from boards to avoid damage to subgrade or sod.

3. Tamp or roll lightly to ensure contact with subgrade; work sifted soil into minor cracks between pieces of sod, remove excess to avoid smothering adjacent grass.

4. Complete sod surface true to finished grade, even, and firm.

Fasten sod on slopes to prevent slippage with wooden pins 150 mm long driven through sod into subgrade, until flush with top of sod. Install at sufficiently close intervals to securely hold sod.

Water sod with fine spray immediately after planting. During first week, water daily or more frequently to maintain moist soil to depth of 100 mm. Water sodded area regularly after the first week to maintain sod in healthy, vigorous growing condition. Keep a record of the dates on which watering occurred. Water after six weeks if prolonged periods of drought occur (more than three days without rainfall). Always water in early morning. Ensure that watering activities do not cause sod and soil to be displaced.

It is the Contractor’s responsibility to ensure that any new sod placed throughout this Contract has rooted (ready for cutting).

FIELD QUALITY CONTROL

Inspect erosion control blankets every 3 weeks following installation and after every rain event to check for damage, erosion and undermining. Any failure shall be repaired immediately. If washout or breakage occurs, reinstall the material after repairing the damage to the slope.

Four (4) weeks after seeding is complete and on written notice from Contractor, the Contract Administrator shall, within 10 days of receipt, determine if a satisfactory stand has been established. A satisfactory stand shall be a grass or section of grass of 1,000 m2 or larger that has:

1. No bare spots larger than 0.27 m2.

239 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



2. Not more than 10 percent of total area with bare spots larger than 0.1 m2

3. Not more than 15 percent of total area with bare spots larger than 40 cm2

If a satisfactory stand has not been established, the Contract Administrator shall make another determination after written notice from Contractor following the next growing season.

PROTECTION

Protect from pedestrian traffic by maintaining temporary fence around each newly seeded and sodded area.

61. Warranty and Maintenance for Landscaping Works – SP61

Non-Standard Special Provision April 2019 All Works contained herein the Contract shall be covered under Warranty as per GC 7.15.

This special specification applies to the additional warranty and maintenance requirements for all trees, groundcover, shrubs, topsoil, seed, and sod provided in this Contract.

ADDITIONAL WARRANTY

Submit an additional warranty for the Work of this Non-Standard Special Provision Section “TREES, SHRUBS, AND GROUNDCOVER REQUIREMENTS”, “TREES, SHRUBS, AND GROUNDCOVER MATERIALS”, “TREES, SHRUBS, AND GROUNDCOVER INSTALLATION”, “SEEDING AND SODDING REQUIREMENTS”, “SEEDING AND SODDING MATERIALS”, and “SEEDING AND SODDING INSTALLATION” with Owner named as beneficiary, in writing, as special guarantee. Warranty shall provide for removal and replacement with new plants those transplanted, or newly planted plants found defective or to be dead or not in a vigorous, thriving condition during the warranty period. Duties and obligations for correction or removal and replacement of defective Work as specified in the General Conditions.

The Contractor shall replace defective plants with new material of the same type and quality as outlined in the Contract Documents. Closely match new plants to adjacent specimens of the same species and meet requirements of this Specification.

Plant replacement plants that die during a season unfavourable for planting during first month of next favourable planting season.

Plants damaged or lost due to vandalism are not subject to this warranty.

MAINTENANCE OF TREES, GROUNDCOVER AND SHRUBS

The Contractor shall commence to maintain plant life immediately after planting and shall maintain for a period of one (1) year and until plants are well established and exhibit a vigorous growing condition through warranty period.

240 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



In accordance with accepted Submittal on care and maintenance of plants and as follows:

1. Maintain by watering, pruning, cultivating, and weeding as required for healthy growth. Restore planting saucers.

2. Tighten and repair stake and guy supports and reset trees and shrubs to proper grades or vertical position as required.

3. Restore or replace damaged wrappings. Spray as required to keep trees and shrubs free of insects and disease.

4. Remove guys, stakes, and other supports at end of maintenance service.

5. Maintenance includes temporary protection fences, barriers, and signs as required for protection.

6. Coordinate watering to provide deep root watering to newly installed trees. Contractor shall note that no water is available at the Site, and all Water utilized shall be trucked in.

7. Install winter protection (burlap) to coniferous trees and remove the following spring during the maintenance period.

MAINTENANCE OF TOPSOIL, SEED, AND SOD

The Contractor shall perform maintenance operations during the maintenance period to include:

1. Watering: Keep surface moist.

2. Washouts: Repair by filling with topsoil, liming, fertilizing, seeding, and mulching.

3. Mulch: Replace wherever and whenever washed or blown away.

4. Mowing: Mow to 2 inches after grass height reaches 3 inches, and mow to maintain grass height from exceeding 3 1/2 inches.

5. Fences: Repair and maintain until satisfactory stand of grass is established.

6. Reseed or resod unsatisfactory areas or portions thereof immediately at the end of the maintenance period if a satisfactory stand has not been produced.

7. Reseed/replant/resod entire area if satisfactory stand does not develop by July 1.

The maintenance period for topsoil, seed, and sod shall begin immediately after each area is planted (seed or sod) and continue for a period of eight (8) weeks after all planting under this section is completed.

241 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Upon the completion of the maintenance period, the Contractor, Contract Administrator, and representative from the City shall determine if the area has properly established itself into a satisfactory stand. A satisfactory stand shall be a grass or section of grass of 1,000 m2 or larger that has:

1. No bare spots larger than 0.27 m2

2. Not more than 10 percent of total area with bare spots larger than 0.1 m2

3. Not more than 15 percent of total area with bare spots larger than 40 cm2

If the area has been found to have a satisfactory stand, the Contractor shall remove all temporary fencing and the City shall take over the maintenance of this area. If not, the Contractor shall be responsible for maintaining the area until it a satisfactory stand is present at his own expense.

The Contractor shall also provide maintenance for the entire contract period for areas located within the erected tree protection barriers until the tree protection barriers have been removed.

ADJUSTMENT AND REPLACEMENT OF TREES, GROUNDCOVER, AND SHRUBS

Perform adjustment and replacement Work with materials of the same type and quality as outlined in the Contract Documents. Replacement Work shall have a guarantee of the same length with the same conditions as outlined in this Specification. All replacement Work shall be done as per specifications, including maintenance and warranty periods. Date of renewed warranty shall be from time of approval of replacement work. Contractor shall document all replacement materials on Contract Drawings identifying plant material location, plant species name, quantity, reason for replacement and date of replacement.

A copy of all adjustment or replacement work carried out shall be provided to the Contract Administrator within three weeks of completion of Work.

ADJUSTMENT OR REPLACEMENT OF SEEDED AND SODDED AREAS

Perform adjustment and replacement Work with materials of the same variety and quality as outlined in Contract Documents. Replacement work shall have a warranty of the same length with the same conditions as outlined in this Specification. Date renewed warranty from time of approval of replacement work. All replacement work shall be done as per specifications, including maintenance and warranty periods.

Reseed areas in which seed has not established itself due to seed mortality, erosion or weed invasion. Note location and seeding date on a plan drawing for warranty purposes.

Re-sod areas in which sod has not established itself. Note location and sodding date on a plan drawing for warranty purposes.

A copy of all adjustment or replacement work carried out shall be provided to the Contract

242 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Administrator within three weeks of completion of Work.

62. Monitoring Well Decommissioning – SP62

Non-Standard Special Provision October 2017 The Contractor shall retain the services of a water well Contractor licensed by the MECP to abandon monitoring wells prior to the start of the Work for the wells identified within Geotechnical Investigation Report Basement Flooding Protection Program Phase 4 (BFPP4) Assignment 16-12 and Assignment 16-22, Toronto, Ontario Geotechnical Report. The wells shall be abandoned in accordance with O. Reg. 903 and records of the abandonment shall be submitted to the MECP and copied to the Contract Administrator upon Completion. Measurement for Payment All costs associated with the decommissioning of wells shall be included in the appropriate unit price in the schedule of prices. The Contractor shall include all costs for the decommissioning of monitoring wells including all labour, equipment, and material required to decommission each monitoring well and complete the required submissions to the MECP.

63. Roding Park Pond Construction and Associated Works – SP63

Non-Standard Special Provision July 2019 The Contractor shall be responsible for all work in Roding Park as included in these contract documents. This includes, but is not limited to, all removals, relocations, adjustments to existing infrastructure, construction of new infrastructure, earthworks and all necessary restoration associated with the work outlined in the contract documents. The Contractor shall note that detailed coordination with multiple stakeholder agencies will be required prior to beginning any work in the park. The Contractor shall be responsible for familiarizing themselves with the onsite conditions in Roding Park prior to tender closing to ensure their bid price contains the necessary costs to manage all the temporary works required to complete the contract work in Roding Park.

Prior to beginning any work in the or directly adjacent to the Park, the Contractor is required to submit a detailed work plan and specific Gantt chart style schedule regarding all work required in Roding Park. The work plan and scope specific schedule shall specifically list and address all elements of work individually and shall provide specific details associated with each individual component of the work. The schedule shall indicate the critical path, shall be updated for each progress meeting and shall be distributed electronically a minimum of 3 days prior to each meeting to ensure all stakeholders are aware of any revisions to the original schedule as the work progresses. The Contractor shall be responsible for updating the work plan when any individual aspect of the work deviates from the original or previously revised work plan details. The detailed work plan and schedule shall be submitted to the Contract Administrator and City a minimum of 4 weeks prior to starting any work in Roding Park. The plan may require multiple submissions and the Contractor is responsible for revising their workplans until acceptable to the Contract Administrator and City Owner and Consultant. As a minimum the work plan must include;

243 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• A list of all the individual elements of the work required in Roding Park • Specific details on how each element of the work will be completed and by whom (General Contractor, Subcontractor, Subconsultant etc.)

• List of materials and any relevant details regarding all materials to be utilized to complete the work in the park including supplier information and any necessary quality control information

• Details on how environmental and other control measures will be installed and materials to be used for these measures

• Details on coordination of any required relocations in the park

• Detailed staging plan outlining the sequence of work

• Quality control plan and details regarding all cut and fill activities in the park supplied by the Contractor’s Specialist Subconsultant including material testing, environmental controls and testing, load counting, verification of imported material quality etc. Geotechnical and environmental testing methods and frequencies shall be clearly indicated as well as reporting details

Contractor shall note that much of the work in Roding Park shall occur in low lying areas or in/over/around existing overland drainage routes. The Contractor will be responsible for maintaining overland flow routes, ponding and the control of surface water from all sources (natural or where overland drainage is occurring due to swales, etc) throughout construction and can expected the ground in the area to be saturated and soft during and following any rain events. Where surface water collection, drainage, ponding or runoff is negatively impacting the Contractor’s operation, or where it is impacting their ability to complete the required contract work, the Contractor shall be responsible for diverting the flows/stored water from the work area and shall create new drainage channels utilizing environmental good practices as needed. The new channels shall divert flows around the work area being impacted and shall reconnect to the existing overland drainage course(s) prior to leaving the delineated (fenced) work area. In some cases, it may be necessary to install pumps, generators, hoses and associated appurtenances to ensure the water leaves the delineated area at the existing overland drainage course locations. Any temporary flow or drainage channels created need to be immediately stabilized to prevent erosion migration outside of the delineated work area. Prior to any surface water leaving the work area, the Contractor shall ensure the water quality, including total suspended solids (TSS) levels, meets regulatory and bylaw requirements. In the case of total suspended solids, the water should not contain more than 30 mg/L of TSS at the point where water leaves the active (fenced) work area. The Contractor is responsible for installing the necessary mitigation measures and erosion and sediment control measures (silt traps, check dams, hay bales, silt fence dams etc) to ensure the water leaving the site meets the parameter level noted. (30mg/L) Where the water leaving the site does not meet this requirement, the Contractor shall take immediate steps to rectify the issue and shall be responsible at their own costs to clean up

244 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



any silt that migrates out of the delineated work area. The Contractor shall be responsible for obtaining and logging hourly water samples demonstrating the TSS levels are at or below the 30 mg/L limit. Results shall be provided to the Contract Administrators Representatives daily via electronic mail and shall be summarized in a table containing all water sample test results and the date and time they were taken. Any exceedances of TSS levels or other parameter levels shall be immediately reported to the Contract Administrators Representative verbally and via electronic mail. No additional payment outside of the lump sum amount provided for the work in the park shall be considered for the management of flows and surface runoff in the park or for the testing required to confirm TSS levels.

The Contractor shall be responsible for constructing, maintaining and removing any temporary access roads required to complete the work within the park and to facilitate the work at all times. The Contractor shall be responsible for designing the temporary access roads to suit the equipment being utilized. All materials used to construct the temporary access roads is to be considered inert to avoid any materials used from negatively impacting, in any way, the environmental condition of the park. Recycled materials can be used provided they are inert. Where requested the Contractor shall be responsible for providing lab test data confirming any material used for the temporary access roads is an inert material. For the purposes of this contract the Contractor shall assume that one good lab test confirming the inertness of the material being utilized for the temporary access road is required for each material utilized in constructing the temporary access road. No costs will be considered where multiple lab tests are required. No requests for additional compensation (schedule or financial) will be considered where the Contractor cannot complete the contract work due to ineffective management of any surface/groundwater or where access roads are not installed and maintained as needed by the Contractor. No additional payment outside of the lump sum amount provided for the work in the park shall be considered for the construction, maintenance and removal of any temporary access road.

Prior to any earthwork occurring in Roding Park the Contractor shall be responsible for obtaining the services of a Specialized Subconsultant who will be responsible for producing a quality control plan which shall be utilized by the Contractor for all earthworks in Roding Park. The Specialist Subconsultant shall have a minimum of 10 years’ experience on similar projects and shall be licenced to practice in the Province of Ontario as a Consulting Engineer. Following completion of all earthwork related activities in Roding Park, the Specialist Subconsultant shall be responsible for providing a summary report including sign off by a Qualified Person (QP), that all work was completed in accordance with all regulatory and contract provisions. The summary report shall include copies of all onsite or laboratory test data, daily reports, photos, compaction reports and any other pertinent information related to the earthworks in Roding Park, as well as sign off from the QP and shall be consolidated into a single digital document for submission to the Owner and Contract Administrator. The Specialist Subconsultant shall be onsite at all times when any earthwork is being completed by the Contractor or any Subcontractors. Failure of the Subconsultant to be onsite will result in a field instruction to cease earthwork until the Subconsultant arrives onsite. The Subconsultant shall be responsible for verifying as a minimum the following aspects of the work in Roding Park at all times:

245 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



• Any imported material is of a suitable environmental and geotechnical quality to meet all contractual and/or regulatory requirements

• Any imported material is free of organics, garbage or debris of any sort

• Any imported material is considered clean fill meeting Table 1 requirements of the Ontario Soil, Groundwater and Sediment Standards (O.Reg.153/04 (as amended))

• All fill is compacted to the required (98% SPMDD) compaction requirements

• Load counts are completed for all materials used in the construction of the berm and other earthworks in Roding Park. For each load used in construction of the berm and other earthworks in Roding Park, the following information shall be logged and included in the final report to be provided by the Specialist Subconsultant/QP.

o Source of Material

o That the material is clean and free of debris

o The amount of material in each load

o The approximate location each load was placed

o The material is of suitable geotechnical quality to be used for its intended purpose and of a suitable moisture content

The Specialist Subconsultant shall be responsible for submitting a daily report including a narrative of the day’s activities, photos and copies of all onsite testing to the Owner and Consultant electronically. Failure to provide these daily reports will result in operations being suspended on the following day until the previous days report is provided to the Owner and Engineer.

All fill used in Roding Park is required to meet Table 1 requirements of the Ontario Soil, Groundwater and Sediment Standards (O.Reg.153/04 (as amended)).

Prior to any work beginning in Roding Park, the Contractor shall be responsible for completing a full topographical survey of the preconstruction conditions within Roding Park. Limits of survey shall incorporate the delineated work area in Roding Park plus 10m outside of the delineated (fenced) work area on all sides. Horizontal and Vertical information shall be collected with a minimum accuracy of +/-25mm. A digital copy of the topographical survey (.dgn format) shall be provided to the Owner and Contract Administrator prior to beginning any other work in the park. Following completion of all work in the park, including restoration, the Contractor shall be responsible for a final topographical survey of the same area encompassed by the original preconstruction survey completed. Any work which deviates from the contract requirements that is identified during review of the final survey will need to be rectified at the sole expense of the Contractor. The final topographical survey shall be collected with a minimum accuracy of +\-25mm, shall include both horizontal and vertical information and shall be submitted to the Owner and Contract Administrator digitally. (.dgn format)

The Contractor shall excavate/fill the Pond to the grades and elevations as shown on the Contract Drawings. The Contractor shall locate all existing utilities within the limits of construction and shall excavate to lines, levels and dimensions required.

246 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The Contractor shall prevent disturbance and destabilization of the final subgrade, protect the open excavations against flooding and damage due to surface run-off, and shall excavate with care adjacent to existing structures and utilities and provide temporary supports where necessary.

All pond excavation shall conform to the City of Toronto Tree Protection Policy and Specifications for Construction Near Trees for work around or near trees.

The Contractor shall provide side slopes of embankments suitable to the conditions encountered and in accordance with the requirements of OSHA. Stability of the side slopes is time dependant and slopes generally become increasingly unstable with time. Remove all slides and cave-ins, without extra compression, at whatever time and circumstances they may occur.

The Contractor is required to have power flushing and mechanical street sweeping equipment onsite at all times during the work in Roding Park. All roads, pathways, parking lots and any other hard surface spaces in and around Roding Park shall be kept clean at all times and free of mud and debris. The Contractor shall immediately upon notification clean any hard surface areas as identified by the Owner or Contract Administrator with the power flushing and mechanical street sweeping equipment that is kept onsite at all times. Where the onsite equipment cannot address any mud tracking or other debris tracking issues noted, the Contractor shall immediately arrange for specialized equipment to be brought to the site to rectify the issue.

The Contractor shall install mud mats or similar mud tracking prevention installations or devices (suitable for and selected by the Contractor based on the equipment and amount of traffic) at all entrances and exits used by vehicles entering and exiting the delineated work area in Roding Park. The Contractor will be responsible for supplying, installing, maintaining, replacing and removing the mud mat selected by Contractor as needed. Should the installed mud mat or mud tracking installation or device be ineffective due to use, the Contractor will need to clean/maintain/replace it to ensure its effectiveness is re-established as quickly as possible. This requirement is over and above all other contract requirements related to mud and dust control in the contract documents and is intended to work in conjunction with these contract requirements.


Payment for work within Roding Park will be either:

• Paid out of the specific line item in Part C of the pricing form where applicable

• Paid out of the Lump Sum amount where any specific pay item is not provided in Part C of the pricing form

247 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



64. Rough and Final Grading – SP64

Non-Standard Special Provision July 2019 The Contractor shall rough grade to levels, grades, and contours allowing for surface materials as specified. No soil shall be disturbed within the driplines of trees specifically specified or shown otherwise. All rough and final grading shall conform to the City of Toronto Tree Protection Policy and Specifications for Construction Near Trees for work around or near trees.

The Contractor shall complete all grading in accordance with TS 206 and shall employ construction methods, procedures, and precautions to ensure the stability of all excavated slopes and structures installed as part of the Work.

Upon completion, all graded surfaces, including all pond elevations, shall be shaped to the final grades and cross sections specified in the Contract Drawings within the following tolerances:

1. Vertical grading tolerances for the finished earth subgrade within the limits of the pond: +/- 50 mm

2. Horizontal grading tolerances for the pond slopes: +/-50mm

3. Vertical grading tolerances for the finished earth subgrade within the limits of the Park, excluding the pond: +\- 25mm

4. Horizontal grading tolerances for the Park, excluding the pond: +\- 50mm

Any negative impact to any drainage swales, ditches or other surface features created by the grading work tolerances above will need to be rectified at the Contractors sole expense. No additional payment to correct grading issues caused by work being completed within the allowable tolerances above will be considered.

Backslopes beyond the plus tolerances may be accepted by the Contract Administrator where they are determined to be non-detrimental to the Work. Upon the completion of the rough and final grading, the Contractor shall notify the Contract Administrator for review and acceptance of grading.

65. Swales – SP65

Non-Standard Special Provision July 2019 The Contractor shall provide slope, depth, and layout points for approval prior to grading of the swales noted in the contract documents. Grade affected areas within the Park toward the swale. The swale shall be graded to receive access flow from Roding Street and direct towards the dry storage pond area. Where the swale approaches the pond, the swale shall be graded such that side slopes fan out to the dry storage pond outlet.

The swale shall have a positive slope towards pond and no low spots where water can pond

248 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



will be acceptable for any swales or ditches located within the project limits. Where swales or ditches have low spots/ponding water the Contractor shall rectify these deficiencies at no extra cost to the Owner.

66. Pond Inlet Structures – SP66

Non-Standard Special Provision July 2019 Inlet structures include headwall, grating, armour stones, decorative boulders, non-woven geotextile, rip rap, river stone, excavation, bedding, backfill, appurtenances and all other incidental work. The Contractor shall construct the new outfall structures and its components complete as per the Contract Drawings. After finishing construction of Outfall structures, the contractor shall grade around the outfall as shown in the Contract Drawings.

Headwall structures include headwall, grating, excavation, bedding, backfill, appurtenances and all other incidental work. The Contractor shall provide submittals for the headwall and grating to ensure conformity to Specifications.

The headwall shall be constructed of pre-cast concrete as per OPSD 804.030 to accommodate a 450 mm concrete pipe and a pre-cast concrete headwall as per OPSD 804.040 to accommodate a 975 mm concrete pipe. The headwall shall be supplied with a random stone pattern stamped finish and a “DANGER KEEP OUT” sign above the outlet. The headwall shall be placed on 200mm of Granular ‘A’ bedding and shall be placed appropriately.

The grate shall be as per OPSD 804.050, with cast-in hinge strap assemblies. The grates shall be firmly secured by a minimum of two bolts and nuts. All hardware on the gate assembly shall be 304 Stainless Steel. The frame shall be constructed of medium grade steel - General Purpose: ASTM A36 Table 1 and shall be hot dip galvanized as per ASTM-A123.

The grate shall be free of rough edges, mill scale, and rust. Repair hot dip galvanized coatings damaged by welding, cutting, rough handling during shipping or erection or otherwise, in accordance with ASTM A780 using organic zinc rich primer. Dry film thickness on repairs to exceed original coating thickness by 25%. Use minimum of two coats.

The stone shall be gray, durable, sound, free from detrimental cracks, blast fractures, seams and other defects which tend to increase deterioration from natural causes or cause breakage during handling and placing. It shall be highly resistant to weathering and disintegration under freezing and thawing and wetting and drying conditions. Light, thin or shaly armour stone shall not be accepted. Selected granite, quartzite, rhyolite, traprock, limestone, some dolomitic limestone and certain sandstones shall, under most circumstances, meet the requirements of these specifications. Acceptability of stone material shall be determined by the Contract Administrator from visual inspection. Inspection for cracks, fractures, seams, defects, and deterioration shall be made by visual examination.

Inclusion of objectionable quantities of dirt, sand, clay, chert and rock fines or other

249 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



deleterious material shall not be permitted. All exposed armour stone faces shall be natural weathered or split-faced. No blast armour stone shall be accepted. Provide the Contract Administrator the submittal (including photos) at least 14 days before the expected delivery of the quarry selected.

The armour stone for the inlet and/or outlet structures shall be of length, width, and thickness, at minimum, as indicated on the Contract Drawings, and be rectangular in shape. All armour stone that is in contact with either native soils or granular fill shall be placed over a non-woven geotextile, Type II as per OPSS 1860. The fabric must overlap by min 600mm at joints.

The armour stone wall shall be constructed using selected rock units, placed and field adjusted, such that the number and width of gaps between stones is minimized. The Contractor shall lay units to prevent movement or instability. Where variability exists in the armour stone, the contractor shall field adjust the stone to ensure that the top elevation of the stones is consistent for the length of the wall and that no vertical bump between stones exists.

Armour stone shall be placed with the following tolerances:

• Position: ±100 mm of the required layout

• Verticality: ±50 mm of the required elevation

• Adjacent stones must be in contact with each other. Maximum permissible gap between stones due to uneven surfaces is 50 mm.

Where placed, the armour stone shall be placed with offset joints. Joints shall be offset at a minimum of ¼ of the size of the stone. No joint shall be aligned between rows of stacked armour stone. Where armour stone is detailed to be overlapped on the Contract Drawings, the overlaps shall be a minimum of 30mm, maximum of 50 mm.

The clay cap placed behind the armour stone shall be provided as per OPSS 1205.

The Contractor shall complete a five percent (5%) mock up of the armour stone installation for approval by the Contract Administrator prior to completing with the Work.

Decorative Boulders

Rip Rap

The Rip Rap stone shall be durable, sound, free from detrimental cracks, blast fractures, seams and other defects which tend to increase deterioration from natural causes or cause breakage during handling and placing.

Acceptability of material shall be determined by the Contract Administrator from visual inspection. Inspection for cracks, fractures, seams, defects, and deterioration shall be made by visual examination.

250 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Inclusion of objectionable quantities of dirt, sand, clay, chert and rock fines or other deleterious material shall not be permitted. Contractor shall confirm that Rip Rap material satisfies the standard requirements of OPSS 1004.

Rip rap shall be provided as shown in the Contract Drawings to control the erosion of soil. The type of Rip Rap stone is R-10 in accordance with OPSS 1004, Table 8. The Rip Rap is to be laid in layers such that it has enough stability and the Rip Rap should not be disturbed by the outfall flow. The minimum thickness of Rip Rap layer is 300 mm. The voids present between the Rip Rap shall be chinked with smaller stones so that maximum voids gets filled up.

67. Plug and Seal Existing Opening – SP67

Non-Standard Special Provision July 2019 Contractors shall be responsible for plugging and sealing any existing openings in any structure that through the course of the work under this contract are abandoned or left open. All openings shall be plugged with a 30mpa ready mix concrete. 10m or 15m rebar shall be drilled into the openings at 300mm center to center spacing and secured in place using a chemical adhesive. Minimum depth of embedment of the rebar dowels is 100mm and rebar shall extend to the center of the opening being sealed. Forms are to be installed to ensure the concrete seal is flush with the interior wall of the maintenance hole in question. Any leaks apparent after the plug/seal is installed shall be fixed using epoxy injection until the leak is no longer present.


All costs arising from the above requirements shall be included in the unit prices for the installation of sewers, catchbasins or watermains. No separate payment will be made for these requirements.

68. Re-bench existing Maintenance Hole – SP68

Non-Standard Special Provision July 2019 Where new sewers or laterals are connected to existing maintenance holes or other structures the Contractor shall be responsible for modifying the existing benching in the structure to the City of Toronto standard T-701.021. All demolition, removals and remedial work required to alter the existing benching and re-install the benching to T-701.021 shall be completed as required by the Contractor. Prior to any work to rectify the existing structure benching the Contractor shall install necessary protective measures to ensure that no materials end up in the live sewer during demolition or installation of the new benching.


All costs arising from the above requirements shall be included in the unit prices for the installation of sewers. No separate payment will be made for these requirements.

251 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



69. Remove and Replace Existing Light Standard and Base – SP69

Non-Standard Special Provision July 2019 The Contractor is responsible for the removal and reinstallation of light standards and bases to OPSD 2200.011 where indicated in the contract drawings. The Contractor shall coordinate with the light standard owner to identify the conduit and cable routing prior to removal and to have power to the pole isolated so the light standard and base can be safely removed. Standards and bases to be removed to a minimum of 1.2m below finished grade. The Contractor shall be responsible for splicing and installing new conduits and cabling to match existing conduits and cabling. All conduit and cable splicing shall be located in an underground, secured pull pit suitable for installation in the intended environment. The Contractor shall re-use the existing light standard and utilize new nuts, bolts, washers etc. Any damage done to the existing light standard during removal or reinstallation shall require the Contractor to supply and install a new light standard to match the one originally intended to be replaced.

The Contractor is responsible for ESA permitting and coordination as per Section 5A, Item 29.

All work is to be completed by a Speciality Contractor as listed in Section 2, Item 9.


All costs associated with removal and relocation of light standards and bases shall be paid for under the lump sum unit price item included in the pricing form.

252 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Attachment 1 Field Services Manual Appendix E –

As-built Features Requirements

253 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Appendix E – As-built Features Requirements

February 2016 E-1


As-built drawings will show the accurate locations of construction

features such as storm sewers, sanitary sewers, combined sewers,

watermains and other water appurtenances, structures, conduits, power

poles, light standards, vaults, width of streets, sidewalks, landscaping

area, building footprints, channelization, pavement markings, property

lines, equipments and processes and easements.

The following minimum information is required and indicates who is

responsible to provide it.

Storm Drainage

Storm drainage features are intended to move rainwater and

groundwater. As-built drawings will indicate all necessary information

about the storm drainage system to evaluate whether the constructed

features will be able to function as intended by the design. Information

will be field verified or surveyed or both as outlined in the following

table. The following table indicates what features are required and by

whom should provide the information.

254 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Field Services Manual

E-2 February 2016

Table: Storm drainage features

Storm drainage features

Field verify

(inspector)

Survey (engineering surveys unit or consultants surveyors)

Indicate on as-built drawing (drawing preparer or engineer)

pipe size, material,

class of pipe,

bedding type,

drop pipe size

inverts, drop pipe

inverts, location of

end of stub or

bulkhead

Redraw pipe on drawing if pipe

has moved more than 300 mm

horizontally or 150 mm or more

vertically.

Recalculate slope on record

length and surveyed inverts.

Indicate new information on

plans such as slope, length, and

diameter and so on.

catchbasins,

maintenance

holes,

outfalls, inlet

structures

size, type, cover

type, safety

platforms, flow

regulator,

overflow, weir,

grate type

rim elevation location

of feature, overflow

weir invert inlet

/outlet inverts

Redraw structure on drawings if

it moved 300 mm or more.


plans such as size, type and so

on.

culverts size, material,

shape, seepage

collars

location of ends of

culverts and inverts

Redraw culvert on drawings if

has moved more than 300 mm.

Recalculate slope based on

recorded length and surveyed

inverts.



diameter and so on.

subdrains pipe locations,

material, and size

Redraw subdrains on drawings if


laterals size, material,

class, bedding

Indicate locations on plan.

other

drainage

features

Redraw feature on drawings if it

moved 300 mm or more.

255 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit


February 2016 E-3

Stormwater Management

Stormwater management features are intended to control the rate and

quality of the rainwater runoff. As-built drawings will indicate all

necessary information about the stormwater management system to

evaluate whether the constructed features will be able to function as

intended by the design. Information will be field verified or surveyed

or both as outlined in the following table. The following table indicates

what features are required and by whom should provide the

information.

Table: Stormwater management features

Stormwater management features

Field Verify (inspector)



storage tanks material, type,

size, control

systems such as

orifice size and

weir dimensions

control structure

location, control

elevations such as

orifice inverts, weir

elevations bottom

elevations and access

locations

Redraw structure on drawing if

moved more than 300 mm


vertically.



on.

ponds size, shape control structure

location, control

elevations such as

orifice inverts and

weir elevations

overflow elevation

topographic survey

including bottom

elevations

final volumes

Redraw pond on drawing if

moved more than 3.0 m or more.

Recalculate volume based on

water surface shape and depth.


plans such as size, type, volume

and so on.

wetlands boundary of created

or modified wetlands

Redraw wetland on drawings if

moved more than 3.0 m or more.

Recalculate volume based on

water surface shape and depth.


plans such as size, type, volume

and so on.

256 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit


E-4 February 2016

Table: Stormwater management features (continued)

Stormwater management features

Field Verify (inspector)



grease

interceptor

oil/grit

separation

size, material,

vault, dimensions

horizontal location of

four corners of vault

where applicable

Indicate vault dimensions and

size, inverts.

infiltration

systems,

French drains

material, size,

pipe such as size,

type and diameter

inlet invert

outlet invert

Redraw feature on drawings if it


257 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit


February 2016 E-5

Water Distribution Systems

Water system features are intended to move or hold potable water. As-

built drawings will indicate all necessary information about the water

system to evaluate whether the constructed features will be able to

function as intended by the design. Information will be field verified or

surveyed or both as outlined in the following table. The following

table indicates what features are required and by whom should provide

the information.

Table: Water distribution systems features

Water distribution features

Field verify (inspector)



pipe and

fittings

manufacture–

material, size,

class, bedding,

joint type, fittings

measure distance

between fittings–

centre of tees,

crosses, bends

crossing invert–

location and

invert of any

utility crossings

depth of pipes

during

installation at

every fitting and

appurtenances,

vertical bends

location where

insulation used

top of pipe, location

of valve, horizontal

location of bends,

tees and crosses




vertically.





diameter and so on.

valves in

chamber such

as gate valve,

air valve, and

butterfly

valve





on.

258 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit


E-6 February 2016

Table: Water distribution systems features (continued)

Water distribution features




hydrants manufacturer

hydrant bury

depth


hydrant–centre of

valve of stem

top of hydrant

elevation

Redraw hydrant on drawings if it



plans.

water

service lines

material, size,

type (fire /

domestic),

location

curb stop valve

location

Redraw service line on drawings

if it moved 300 mm or more.


plans, for example existing size,

type, and so on.

mainline

flow meters

chambers

type, size, vault

or box and size


centre of box,


four corners of vault,

location of lid, rim

elevation

Redraw vault or box on

drawings if it moved 300 mm or

more. Indicate new information

on plans, for example, size, type,

and so on.

pressure

reducing

valve

chamber

size, vault size,

vault drain data


four corners of vault,

location of lid, rim

elevation

Redraw vault on drawings if it



plans, for example, size, type,

and so on.

backflow

devices at

street line–

exterior to

building

device brand

type, size, service

line size, location

of drain


four corners of vault

or centre of box

Redraw vault or box on

drawings if it moved 300 mm or

more. Indicate new information

on plans, for example, size, type,

and so on.

backflow

devices–

interior to

building

device brand,

type, size, service

line size, general

location within

building

259 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit


February 2016 E-7

Sanitary or Combined Sewer

Sanitary or combined sewer system features are intended to transport

sanitary waste into a collection system. As-built drawings will indicate

all necessary information about the water system to evaluate whether

the constructed features will be able to function as intended by the

design. Information will be field verified or surveyed or both as

outlined in the following table. The following table indicates what

features are required and by whom should provide the information.

Table: Sanitary or combined sewer features

Sanitary combined sewer features




maintenance

holes

maintenance hole

diameter, type,

manufacturer,

safety platform,

flow restrictors,

overflow


centre of manhole,


centre of lid, rim

elevations and all

invert elevations,

overflow weir invert

Note all changes and correct

elevations.

pipe–gravity

sewer main

size, material,

class of pipe,

bedding type,

drop pipe size

length–horizontal

length of pipe from

centre of manhole to

centre of manhole.

Inverts, drop pipe

inverts, locations of

end of stub/bulkhead

inverts, drop pipe

inverts, location of

end of stub or

bulkhead




vertically.





diameter and so on.

260 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit


E-8 February 2016

Table: Sanitary or combined sewer features (continued)

Sanitary combined sewer features




pipe and

fittings–force

main

manufacturer–

material, size,

class, bedding,

joint type, fittings

measure distance

between fittings–

centre of tees,

crosses, bends

crossing invert–

location and

invert of any

utility crossings

depth of pipes

during

installations at

every fitting and

appurtenance


main:

Redraw pipe on drawings if it



plans, for example, slope, length,

size, and so on.

laterals material, size,

locations,

backflow valve

Indicate location on plans.

cleanouts size, material,

location

rim elevations, centre

of box, horizontal

location of centre of

box


it moved 300 mm or more

indicate new information on

plans.

grease

interceptor or

oil grit

separators

Pipe materials,

size, vault

dimensions and

size


four corners of the

vault and inverts

Show vault dimensions and size.

Show pipe elevations.

261 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit


February 2016 E-9

Transportation

Transportation system features are intended to transport vehicle and

pedestrian traffic. As-built drawings will indicate all necessary

information about the transportation system to evaluate whether the

constructed features will be able to function as intended by the design.

Information will be field verified or surveyed or both as outlined in the

following table. The following table indicates what features are

required and by whom should provide the information.

Included but not limited to all surface features impacted by the

construction.

Table: Transportation features

Trans-portation features


Survey (engineering surveys or consultants surveyors)


Redraw on record drawing any and all transportation features listed if moved 300 mm or more.

pavement material, depth,

width, type –

rigid or flexbile

elevations Note all changes and correct

locations indicated locations on

plans

curb and

gutter

location of face

curb

driveways location, width,

type –

commercial or

domestic

signage location, size,

type of sign

sidewalk location, type –

light or heavy,

material, width

elevations

street lighting height, wattage,

material

monument location,

materials

conduit location, depth,

materials, size,

owner

262 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit


E-10 February 2016

handwell location, conduit

entrance, type –

street lighting,

traffic

Other Utilities

As-built drawings will indicate all necessary information about other

utilities to evaluate whether the constructed features will be able to

function as intended by the design. Information will be field verified or

surveyed or both as outlined in the following table. The following

table indicates what features are required and by whom should provide

the information.

Table: Other utilities features

Other utilities features


Survey (engineering surveys unit or consultants surveyor)


other utilities identify location

and depth of all

existing utilities

encountered and

new utilities

constructed

Show utilities encountered and

their depth.

263 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 5 – General Conditions of Contract Tender Call No. 196-2019 Contract No. 19ECS-LU-02FP


City of Toronto

General Conditions of Contract Linear Infrastructure

July 2018

264 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 5 – General Conditions of Contract

GC – Linear Infrastructure, July 2018 Page 5-1

City of Toronto

General Conditions of Contract – Linear Infrastructure July 2018

Table of Contents Paragraph GC 1.0 – Interpretation GC 1.01 Captions.....................................................................................................5-4 GC 1.02 Abbreviations .............................................................................................5-4 GC 1.03 Gender and Singular References ...............................................................5-4 GC 1.04 Definitions ..................................................................................................5-5 GC 1.05 Final Acceptance ..................................................................................... 5-10 GC 1.06 Interpretation of Certain Words ................................................................ 5-11 GC 1.07 Language of the Contract ......................................................................... 5-11 Paragraph GC 2.0 – Contract Documents GC 2.01 Reliance on Contract Documents – Underground Structures and Utilities ..................................................................................................... 5-12 GC 2.02 Order of Precedence ................................................................................ 5-12 Paragraph GC 3.0 – Administration of Contract GC 3.01 Contract Administrator’s Authority ............................................................ 5-14 GC 3.02 Working Drawings .................................................................................... 5-16 GC 3.03 Right of the Contract Administrator to Modify Methods and Equipment .... 5-17 GC 3.04 Emergency Situations .............................................................................. 5-17 GC 3.05 Layout ...................................................................................................... 5-17 GC 3.06 Working Area ........................................................................................... 5-17 GC 3.07 Extension of Contract Time ...................................................................... 5-18 GC 3.08 Delays ...................................................................................................... 5-18 GC 3.09 Assignment of Contract ............................................................................ 5-19 GC 3.10 Subcontracting by the Contractor ............................................................. 5-19 GC 3.11 Changes in the Work................................................................................ 5-20 GC 3.12 Notices ..................................................................................................... 5-21 GC 3.13 Use and Occupancy of the Work Prior to Substantial Performance .......... 5-21 GC 3.14 Claims, Negotiations, Mediation ............................................................... 5-21 GC 3.14.01 Continuance of the Work .......................................................................... 5-21 GC 3.14.02 Record Keeping ....................................................................................... 5-22 GC 3.14.03 Claims Procedure .................................................................................... 5-22 GC 3.14.04 Negotiations ............................................................................................. 5-23 GC 3.14.05 Mediation ................................................................................................. 5-23 GC 3.14.06 Payment................................................................................................... 5-24 GC 3.14.07 Rights of Both Parties .............................................................................. 5-24 GC 3.15 Arbitration ................................................................................................ 5-24 GC 3.15.01 Conditions for Arbitration .......................................................................... 5-24 GC 3.15.02 Arbitration Procedure ............................................................................... 5-25 GC 3.15.03 Appointment of Arbitrator ......................................................................... 5-25 GC 3.15.04 Costs ....................................................................................................... 5-25 GC 3.15.05 The Decision ............................................................................................ 5-26 GC 3.16 Archaeological Finds ................................................................................ 5-26

265 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC 3.17 Changed Geotechnical or Subsurface Conditions .................................... 5-26 Paragraph GC 4.0 – Owner's Responsibilities and Rights GC 4.01 Working Area ........................................................................................... 5-28 GC 4.02 Approvals and Permits ............................................................................. 5-28 GC 4.03 Management and Disposition of Materials ................................................ 5-28 GC 4.04 Construction Affecting Railway Property .................................................. 5-29 GC 4.05 Default by the Contractor ......................................................................... 5-29 GC 4.06 Notification of Default ............................................................................... 5-30 GC 4.07 Contractor's Right to Correct a Default ..................................................... 5-30 GC 4.08 Owner's Right to Correct Default or Terminate the Contract ..................... 5-30 GC 4.09 Final Payment to Contractor ..................................................................... 5-31 GC 4.10 Continuation of Contractor's Obligations .................................................. 5-31 GC 4.11 Owner's Right to Request Documents ...................................................... 5-31 Paragraph GC 5.0 – Material GC 5.01 Supply of Material .................................................................................... 5-32 GC 5.02 Quality of Material .................................................................................... 5-32 GC 5.03 Rejected Material ..................................................................................... 5-33 GC 5.04 Substitutions ............................................................................................ 5-33 GC 5.05 Owner Supplied Material .......................................................................... 5-33 GC 5.05.01 Ordering of Excess Material ..................................................................... 5-33 GC 5.05.02 Care of Material ....................................................................................... 5-33 Paragraph GC 6.0 – Insurance, Protection and Damage GC 6.01 Protection of Work, Persons and Property ............................................... 5-35 GC 6.02 Indemnification ......................................................................................... 5-35 GC 6.03 Contractor's Insurance ............................................................................ 5-37 GC 6.04 Bonding.................................................................................................... 5-38 Paragraph GC 7.0 – Contractor’s Responsibilities and Control of the Work GC 7.01 General .................................................................................................... 5-39 GC 7.02 Layout ...................................................................................................... 5-42 GC 7.02.01 Layout by Contractor ................................................................................ 5-42 GC 7.02.02 Layout by Owner ...................................................................................... 5-43 GC 7.03 Damage by Vehicles or Other Equipment ................................................ 5-43 GC 7.04 Excess Loading of Motor Vehicles ........................................................... 5-44 GC 7.05 Condition of the Working Area ................................................................. 5-44 GC 7.06 Maintaining Roadways and Detours ......................................................... 5-44 GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services ................................................................................................... 5-45 GC 7.08 Approvals and Permits ............................................................................. 5-46 GC 7.09 Suspension of Work ................................................................................. 5-46 GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract ................ 5-46 GC 7.11 Notices by the Contractor ......................................................................... 5-47 GC 7.12 Obstructions ............................................................................................. 5-47 GC 7.13 Limitations of Operations ......................................................................... 5-48 GC 7.14 Cleaning Up Before Acceptance .............................................................. 5-48 GC 7.15 Warranty .................................................................................................. 5-48 GC 7.16 Contractor's Workers ............................................................................... 5-49 GC 7.17 Resident or Property Owner Complaints or Claims .................................. 5-49 GC 7.18 Contractor’s Responsibility for Drainage .................................................. 5-49

266 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC 7.19 Blasting .................................................................................................... 5-49 Paragraph GC 8.0 – Measurement and Payment GC 8.01 Measurement ........................................................................................... 5-50 GC 8.01.01 Quantities ................................................................................................. 5-50 GC 8.01.02 Variations in Tender Call .......................................................................... 5-50 GC 8.02 Payment................................................................................................... 5-50 GC 8.02.01 Payment for Work .................................................................................... 5-50 GC 8.02.02 Advance Payments for Material ............................................................... 5-51 GC 8.02.03 Certification and Payment ........................................................................ 5-52 GC 8.02.03.01 Progress Payment Certificate ................................................................... 5-52 GC 8.02.03.02 Certification of Subcontract Completion ................................................... 5-52 GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .......... 5-52 GC 8.02.03.04 Certification of Substantial Performance .................................................. 5-53 GC 8.02.03.05 Substantial Performance Payment and Substantial Performance

Statutory Holdback Release Payment Certificates ................................... 5-54 GC 8.02.03.06 Certification of Completion ....................................................................... 5-55 GC 8.02.03.07 Completion Payment and Completion Statutory Holdback Release

Payment Certificates ................................................................................ 5-56 GC 8.02.03.08 Owner's Set-off ........................................................................................ 5-56 GC 8.02.04 Payment on a Time and Material Basis .................................................... 5-56 GC 8.02.04.01 Definitions ................................................................................................ 5-56 GC 8.02.04.02 Daily Work Records ................................................................................. 5-57 GC 8.02.04.03 Payment for Work .................................................................................... 5-58 GC 8.02.04.04 Payment for Labour ................................................................................. 5-58 GC 8.02.04.05 Payment for Material ................................................................................ 5-58 GC 8.02.04.06 Payment for Equipment ............................................................................ 5-59 GC 8.02.04.06.01 Working Time ........................................................................................... 5-59 GC 8.02.04.06.02 Standby Time ........................................................................................... 5-59 GC 8.02.04.07 Payment for Hand Tools .......................................................................... 5-60 GC 8.02.04.08 Payment for Work by Subcontractors ....................................................... 5-60 GC 8.02.04.09 Submission of Invoices ............................................................................ 5-60 GC 8.02.04.10 Payment Other Than on a Time and Material Basis ................................. 5-60 GC 8.02.04.11 Payment Inclusions .................................................................................. 5-60 GC 8.02.05 Final Acceptance Certificate ..................................................................... 5-61 GC 8.02.06 Payment of Workers................................................................................. 5-61 GC 8.02.07 Records ................................................................................................... 5-61 GC 8.02.08 Taxes and Duties ..................................................................................... 5-62 GC 8.02.09 Liquidated Damages ................................................................................ 5-62

267 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Paragraph GC 1.0 Interpretation

GC #

1.01 Captions .01 The captions appearing in these General Conditions have been inserted as a

matter of convenience and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the General Conditions or any provision hereof.

1.02 Abbreviations .01 For the purposes of the Contract Documents where used anywhere in the

Contract Documents, the following abbreviations shall have the corresponding meanings:

"AASHTO" - American Association of State Highway Transportation Officials

“ACI” - American Concrete Institute "ANSI" - American National Standards Institute "ASTM" - American Society for Testing and Materials "AWG" - American Wire Gauge "AWWA" - American Water Works Association “CCIL” - Canadian Council of Independent Laboratories "CGSB" - Canadian General Standards Board "CSA" - Canadian Standards Association "CWB" - Canadian Welding Bureau "GC " - General Condition "MOECC" - Ministry of the Environment and Climate Change (Ontario)

"MTO" - Ontario Ministry of Transportation "MUTCD" - Manual of Uniform Traffic Control Devices, published by

MTO “NSF” - NSF International "OPS" - Ontario Provincial Standard "OPSD" - Ontario Provincial Standard Drawing "OPSS" - Ontario Provincial Standard Specification “OTM” - Ontario Traffic Manual "PEO" - Professional Engineers Ontario "SAE" - Society of Automotive Engineers "SSPC" - Structural Steel Painting Council "THESL" - Toronto Hydro Energy Services Limited “TRCA” - Toronto Region Conservation Authority "UL" - Underwriters Laboratories "ULC" - Underwriters Laboratories Canada "WHMIS" - Workplace Hazardous Materials Information System

1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents

shall be considered to include the feminine and the plural and vice versa as the context requires.

268 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

1.04 Definitions

.01 For the purposes of the Contract Documents the following definitions shall apply:

Actual Measurement means a field measurement approved by the Contract Administrator with respect to an item of Work. Addenda mean any additions or changes in the tender documents issued by the Owner prior to tender closing. Base means a layer of material of specified type and thickness placed immediately below the Pavement, driving surface, finished grade, curb and gutter or sidewalk. Bid means an offer in writing from the Contractor to complete the Work, submitted in accordance with the Tender Call. Certificate of Subcontract Completion means the certificate issued by the Contract Administrator in accordance with paragraph GC 8.02.03.02, Certificate of Subcontract Completion. Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Performance. Change Directive means a written instruction signed by the Owner, or by the Contract Administrator where so authorized, directing the Contractor to proceed with a Change in the Work . Change in the Work means the deletion, extension, increase, decrease or alteration of lines, grades, dimensions, quantities, methods, drawings, changes in the character of the Work to be done or materials of the Work or part thereof, including changes in geotechnical, subsurface, surface or other conditions. Change Order means a written amendment to the Contract signed by the Owner, or the Contract Administrator where so authorized, and the Contractor, covering contingencies, a Change in the Work, and establishing the basis for payment and the time allowed for the adjustment of the Contract Time, if any. City means the City of Toronto Completion has the meaning as set out in the Construction Act, R.S.O. 1990, c. C.30, as amended; Completion Certificate means the certificate issued by the Contract Administrator at Completion.

269 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

Completion Payment Certificate means the certificate described more particularly in paragraph GC 8.02.03.07 Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents. Contract Administrator means the person, partnership or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract. Contract Documents mean the executed agreement between the Owner and the Contractor, including its various schedules, the Tender Call, the General Conditions, the Specific Conditions, Standard Specifications, Special Specifications, Contract Drawings, Addenda, such other documents as may be listed in the agreement and any Change Orders. Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any Subsurface Report and other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, cross-sections and Standard Drawings. Contract Price means the amount payable by the Owner to the Contractor for Work to be completed under the Contract in accordance with the method and manner of payment stipulated in the Contract Documents and the unit prices or lump sum prices tendered by the Contractor, and includes any additional amounts payable for approved Changes in the Work as provided for and authorised in the Contract Documents. Contract Time means the time stipulated in the Contract Documents for Completion of the Work, including any extension of time made pursuant to the Contract Documents. Contractor means the person, partnership or corporation undertaking the Work as identified in the Contract Documents. Controlling Operation means any component of the Work that, if delayed, may delay the completion of the Work. Cut-off Date means the date up to which payment may be made for Work performed. Daily Work Records means daily records detailing the number and categories of workers and hours worked and on standby, types and quantities of Equipment and number of hours in use and on standby, and description and quantities of Material utilized. Day means a calendar day.

270 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

Drawings or Plans mean any Contract Drawings or Contract Plans or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work. Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and commonly referred to as "construction machinery" or" equipment". Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context. Final Acceptance means the date on which the Contract Administrator determines that the Work has passed all inspection and testing requirements and the Contract Administrator is satisfied that the Contractor has rectified all imperfect Work and has discharged all of the Contractor's obligations under the Contract Documents. Final Acceptance Certificate means the certificate issued by the Contract Administrator at Final Acceptance. Form of Agreement means the Contract Execution Package Form of Agreement GC or General Conditions means these general conditions, which shall form part of the Contract Documents; Geotechnical Report means a report or other information identifying surface and below surface soil, rock and ground water conditions in the area of any proposed Work. Grade means the required elevation of a specific part of the Work. Hand Tools means tools that are commonly referred to as "tools of the trade" or "implements of the trade" and include small power tools. Hazardous Material means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable material, explosive material, radioactive material, urea formaldehyde foam insulation, asbestos, polychlorinated biphenyls, coal tar and any other biological or chemical agent, substance or material named, described, declared or defined to be hazardous, toxic, or a contaminant or pollutant in, or pursuant to, any applicable federal, provincial or municipal statutes, by-laws, regulations, codes, agreements, standards or orders. Highway means a common and public highway, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

271 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

Lot means a specific quantity of material or a specific amount of construction commonly from a single source and produced by the same process. Lump Sum Item means a Tender Call item for which payment will be made at a single tendered price rather than based on a measured quantity. Major Item means any Tender Call item that has a value, calculated on the basis of its actual or estimated Tender Call quantity, whichever is the larger, multiplied by its Tender Call unit price, which is equal to or greater than the lesser of:

i. $100,000, or ii. 5% of the total Tender Call value calculated on the basis of the total

of all the estimated Tender Call quantities and the Tender Call unit prices.

Material means material, machinery, equipment and fixtures forming part of the Work. Owner means the City. Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete, Portland cement concrete, or plant or road mixed mulch. Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents. Progress Payment Certificate means that certificate described in paragraph GC 8.02.03.01, Progress Payment Certificate. Record means any of the Contractor's books, payrolls, accounts, invoices, receipts or other information or documentation that relates to the Work or any Change in the Work or claims arising therefrom or that are required to identify or calculate taxes paid or payable and any savings resulting from tax changes. Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders. Shop Drawing means any drawing, diagram, illustration, schedule, performance chart, scheme, brochure or data which is provided or required to be provided by the Contractor to illustrate specific details of the performance and construction of a portion of the Work. Shoulder means that portion of the Roadway between the edge of the wearing surface and the top inside edge of the ditch or fill slope.

272 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

Special Specification means a specification containing requirements specific to the Work that are not included in any Standard Specification or which are intended to supplement, amend or override part or all of a Standard Specification. Specific Conditions means that part of the Tender Call referred to as 'Specific Conditions'. Standard Specification or Standard Drawing means a standard practice required and stipulated by the Owner for performance of the Work. Subbase means a layer of material of specified type and thickness between the Subgrade and the Base. Subcontractor means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor. Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement structure, consisting of Base, Subbase and Pavement. Substantial Performance has the meaning as set out in the Construction Act, R.S.O. 1990, c. C.30 , as amended. Substantial Performance Payment Certificate means a payment certificate as defined more particularly in paragraph GC 8.02.03.05.02. Subsurface Report means a report or other information identifying the location of Utilities, concealed and adjacent structures and physical obstructions that fall within the Working Area. Superintendent means the Contractor's authorized representative in charge of the Work and who shall be a “competent person” within the meaning of the definition contained in the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, as amended. Surety means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.i.8, as amended, executing the bond provided by the Contractor and as required by the Contract Documents. Tender Call means the Tender Call package in its entirety, inclusive of all appendices and Addenda/Addendum that may be issued by the City. Time and Material means costs calculated according to paragraph GC 8.02.04, Payment on a Time and Material Basis. Utility means an aboveground or underground facility maintained by a municipality, public utility authority or regulated corporation and includes

273 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone and cable television. Warranty Period means the period of 24 months measured from the date of Substantial Performance or such longer or shorter period as may be specified for certain Materials or some or all of the Work, in the Contract Documents. Work means the total construction and related services required by the Contract Documents. Working Area means all the lands and easements owned or acquired by the Owner for the construction of the Work. Working Day means any Day,

a) except Saturdays, Sundays and statutory holidays; b) except a Day as determined by the Contract Administrator, on which

the Contractor is prevented by inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot proceed with at least 60% of the normal labour and Equipment force effectively engaged on the Controlling Operation for at least 5 hours;

c) except a Day on which the Contractor is prevented from proceeding with a Controlling Operation, as determined by the Contract Administrator by reason of,

i. any breach of the Contract by the Owner , or another contractor hired by the Owner, or an employee of any one of them, or by anyone else acting on behalf of the Owner.

ii. non-delivery of Owner-supplied materials. iii. any cause beyond the reasonable control of the Contractor

that can be substantiated by the Contractor to the satisfaction of the Contract Administrator.

Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include formwork, falsework and shoring plans, Roadway protection plans, Shop Drawings, shop plans or erection diagrams.

1.05 Final Acceptance .01 For the purposes of determining whether Final Acceptance has occurred, the

Contract Administrator shall not take into account, in determining the discharge of the Contractor’s obligations, any warranty obligation of the Contractor to the extent that the warranty extends beyond 24 months after Substantial Performance.

274 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

1.06 Interpretation of Certain Words .01 The words "acceptable", "approval", "authorized", "considered necessary",

"directed", "required", "satisfactory", or words of like import, shall mean approval of, directed, required, considered necessary or authorized by and acceptable or satisfactory to the Contract Administrator, unless the context clearly indicates otherwise.

1.07 Language of the Contract .01 For the purposes of this Contract, all documents and communications

pertaining to this Contract shall be in the English language.

275 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Paragraph GC 2.0 Contract Documents

GC #

2.01 Reliance on Contract Documents – Underground Structures and Utilities

.01 The Owner represents that the information furnished in the Contract Documents can be relied upon, but subject to the following limitations or exceptions:

a) the location of all underground utilities or other structures that may affect the Work shall be shown in any drawing to a tolerance of:

i. 1 meter horizontal and ii. 0.3 meters vertical;

.02 Despite paragraph GC 2.01.01, the Owner does not warrant or make any

representation with respect to:

a) interpretations of data or opinions expressed in any Subsurface Report or Geotechnical Report available for the perusal of the Contractor, whether or not such report is included as part of the Contract Documents, and

b) other information specifically excluded from this warranty.

2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the following

documents , which form part of the Contract Documents, such documents shall take precedence and govern in the following descending order:

a) Form of Agreement b) Addenda c) Pricing Form, which forms part of the Bid d) Special Specifications e) Contract Drawings f) Scope of Work g) Standard Specifications and Standard Drawings h) Specific Conditions i) General Conditions j) Working Drawings

Later dates shall govern within each of the above categories of documents.

.02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply:

a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions scaled from the same Drawing;

b) Drawings of larger scale shall govern over those of smaller scale;

276 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

c) Detailed Drawings shall govern over general Drawings; and d) Drawings of a later date shall govern over those of an earlier

date in the same series.

.03 In the event of any inconsistency or conflict in the contents of Standard Specifications and Standard Drawings, the following order of precedence shall govern:

a) City of Toronto Standard Specifications and Standard Drawings, then

b) Ontario Provincial Standard Specifications and Drawings; including any amendments, then

c) Other Standard Specifications, such as those produced by Canadian Standards Association, Canadian General Standards Board, American Society for Testing and Materials and American National Standards Institute and referenced in the City of Toronto Standard Specifications, Standard Drawings or Ontario Provincial Standard Specifications.

.04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all.

277 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Paragraph GC 3.0 Administration of the Contract

GC #

3.01 Contract Administrator’s Authority .01 The Contract Administrator shall be the Owner's representative during

construction and until the issuance of the Completion Certificate or the issuance of the Final Acceptance Certificate whichever is later. Instructions to the Contractor including instructions from the Owner may be issued by the Contract Administrator or the Owner. The Contract Administrator shall have the authority to act on behalf of the Owner to the extent provided in the Contract Documents.

.02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor.

.03 The Contract Administrator may inspect the Work to evaluate his or her conformity with the Contract Documents, and to record any data deemed necessary by the Contract Administrator or the Owner.

.04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract and shall issue certificates for payment in such amounts as provided for in paragraph GC 8.0, Measurement and Payment.

.05 The Contract Administrator shall, with reasonable promptness, review and take appropriate action upon the Contractor's submissions such as Shop Drawings, product data, and samples in accordance with the Contract Documents.

.06 The Contract Administrator shall be entitled to investigate all allegations of a Change in the Work made by the Contractor in writing and issue appropriate instructions.

.07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner’s approval.

.08 Upon written application by the Contractor, the Contract Administrator and the Contractor shall jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Work or both.

.09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract Documents. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and in making these decisions the Contract Administrator shall not show partiality to either party.

278 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.10 The Contract Administrator shall have the authority to reject any part of the Work or Material that does not conform to the Contract Documents.

.11 In the event that the Contract Administrator determines that any part of the Work performed by the Contractor is defective, whether the result of poor workmanship, the use of defective material, or damage through carelessness or other act or omission of the Contractor and whether or not incorporated in the Work or otherwise fails to conform to the Contract Documents, then the Contractor shall when directed by the Contract Administrator promptly, as directed by the Contract Administrator, remove the Work and replace, make good, or re-execute the Work at no additional cost to the Owner.

.12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall be made good, promptly, at no additional cost to the Owner.

.13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, which amount shall be determined in the first instance by the Contract Administrator.

.14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material.

.15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary, for the following reasons:

a) to facilitate the checking of any portion of the Contractor's construction layout;

b) to facilitate the inspection of any portion of the Work; or c) for the Contractor to remedy its non-compliance with any provision

of the Contract Documents. The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances.

279 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.16 In the case of non-compliance with the provisions of the Contract Documents by the Contractor, the Contract Administrator shall have the authority to either suspend the Work for such reasonable time as may be necessary to remedy such non-compliance or terminate the Work, at the sole discretion of the Owner. The Contractor shall not be entitled to any compensation for suspension or termination of the Work in these circumstances.

.17 If the Contract Administrator determines that any worker employed on the Work is incompetent, as defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not return to the Working Area without the prior written consent of the Contract Administrator.

3.02 Working Drawings .01 The Contractor shall arrange for the preparation of clearly identified and

dated Working Drawings as called for by the Contract Documents.

.02 The Contractor shall submit Working Drawings to the Contract Administrator in accordance with an agreed upon schedule or otherwise with reasonable promptness and in orderly sequence so as to not cause delay in the Work. If either the Contractor or the Contract Administrator so requests they shall jointly prepare a schedule fixing the dates for submission and return of Working Drawings. Working Drawings shall be submitted in printed form. At the time of submission the Contractor shall notify the Contract Administrator in writing of any deviations from the Contract Documents that exist in the Working Drawings.

.03 The Contract Administrator shall review and return Working Drawings in accordance with an agreed upon schedule, or otherwise, with reasonable promptness so as not to cause delay.

.04 The Contract Administrator's review shall check for conformity with the design concept and for general arrangement only and such review shall not relieve the Contractor of responsibility for errors or omissions in the Working Drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the Working Drawings has been approved in writing by the Contract Administrator.

.05 The Contractor shall make any changes in Working Drawings that the Contract Administrator may require to make the Working Drawings consistent with the Contract Documents and resubmit unless otherwise directed by the Contract Administrator. When resubmitting, the Contractor shall notify the Contract Administrator in writing of any revisions other than those requested by the Contract Administrator.

.06 Work related to the Working Drawings shall not proceed until the Working Drawings have been signed and dated by the Contract Administrator and marked with the words "Reviewed. Permission to construct granted".

280 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.07 The Contractor shall keep one set of the reviewed Working Drawings,

marked as above, at the site at all times.

3.03 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contractor shall, when requested in writing, make alterations in the

method, Equipment or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment.

.02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others.

.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work.

3.04 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an

emergency situation, and when such an emergency situation is determined to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if the Contractor is not available, the Contract Administrator may direct others to remedy the situation.

.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner shall pay for the remedial work.

3.05 Layout .01 The Contract Administrator shall provide baseline and benchmark

information for the general location, alignment, and elevation of the Work. The Owner shall be responsible only for the correctness of the information provided by the Contract Administrator.

3.06 Working Area .01 The Contractor's sheds, site offices, toilets, other temporary structures and

storage areas for material and equipment shall be grouped in a compact manner and maintained in a neat and orderly condition at all times.

.02 The Contractor shall confine its construction operations to the Working Area. Should the Contractor require more space than that shown on the Contract Drawings, the Contractor shall, with the Contract Administrator's written consent, obtain such space at no additional cost to the Owner.

.03 The Contractor shall not enter upon or occupy any private property for any purpose, unless the Contractor has received prior written permission from the property owner.

281 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.04 All benchmarks and survey monuments within the Working Area shall be protected by the Contractor. In the case of their destruction or removal, such benchmarks and survey monuments shall be replaced by the Owner at the Contractor’s expense.

3.07 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing by

the Contractor to the Contract Administrator as soon as the Contractor is of the opinion that such an extension may be required and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. Neither the Owner nor the Contract Administrator shall be under any obligation to consider an extension of the Contract Time unless the Contractor makes a request for an extension of Contract Time under this paragraph.

.02 Circumstances suitable for consideration of an extension of Contract Time include:

a) Delays, in accordance with paragraph GC 3.08; and b) Changes in the Work, in accordance with paragraph GC 3.11

.03 The Contract Administrator shall, in considering an application for an

extension to the Contract Time, take into account whether the delays or Changes in the Work involve a Controlling Operation.

.04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner.

.05 The terms and conditions of the Contract shall continue for such extension of Contract Time.

3.08 Delays .01 If the Contractor is delayed in the performance of the Work by,

a) war, blockades, and civil commotions, errors in the Contract Documents;

b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents;

c) the Contract Administrator giving notice as described in paragraph GC 7.09, Suspension of Work;

d) abnormal inclement weather; or e) archaeological finds in accordance with paragraph GC 3.16,

Archaeological Finds,

then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor shall, with the Contractor's application,

282 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

submit evidence from Environment Canada in support of such application. Extension of Contract Time will be considered in accordance with paragraph GC 3.07, Extension of Contract Time.

.02 If the Work is delayed by labour disputes, strikes or lock-outs - including

lock-outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise bound - which are beyond the Contractor's control, then the Contract Time shall be extended in accordance with paragraph GC 3.07, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are the result of actions of the Owner.

.03 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Work and may pursue resolution of the dispute in accordance with paragraph GC 3.14, Claims, Negotiations, Mediations.

3.09 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part,

without the prior written consent of the Owner, which consent may be withheld or given subject to such terms and conditions as the Owner deems appropriate.

3.10 Subcontracting by the Contractor .01 Subject to paragraph GC 3.10.03, the Contractor may subcontract any part

of the Work, in accordance with the Contract Documents and any limitations specified therein.

.02 The Contractor shall notify the Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended.

.03 The Contract Administrator shall, within 10 Days of receipt of such notification, accept or reject the intended Subcontractor. A rejection shall be in writing and shall include the reasons for the rejection.

.04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with the Contract Documents.

283 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.05 The Contractor shall preserve and protect the rights of the Owner under the Contract Documents with respect to that part of the Work to be performed under subcontract and shall, a) enter into agreements with the intended Subcontractors to require them

to perform their work in accordance with the Contract Documents; and b) be as fully responsible to the Owner for acts and omissions of the

Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor.

.06 The Owner's consent to subcontracting by the Contractor shall not be

construed to relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner.

.07 The Contractor and all associated Subcontractors shall be subject to the Owner’s Fair Wage Policy, as adopted by the Owner from time to time, and any of the Owner’s or legislated labour trades requirements. Failure to comply with this policy and/or these requirements, may lead to termination of the Contract, or termination or rejection of a Subcontractor, as the case may be, with no recourse by the Contractor in respect of such termination or rejection.

3.11 Changes in the Work .01 The Owner, or the Contract Administrator where so authorized, may, by

order in writing, make a Change in the Work without invalidating the Contract.

.02 Where a Change in the Work relates solely to quantities of tendered unit price Work items, or where a Change in the Work must be undertaken prior to agreement between the Owner and the Contractor on a change in the Contract Price and/or Contract Time, the Change in the Work may be ordered by a Change Directive. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Directive. Upon the receipt of such Change Directive the Contractor shall proceed with the Change in the Work.

.03 The Contractor may apply for an extension of Contract Time according to the terms of paragraph GC 3.07, Extension of Contract Time.

.04 If the Change in the Work relates solely to quantities of unit price Work items in the Tender Call, payment for the Work shall be made according to the conditions in paragraph GC 8.01.02, Variations in Tender Call Quantities. If the Change in the Work does not relate solely to quantities of unit price Work items in the Tender Call, payment for the Change in the Work shall be made in accordance with:

284 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

a) a lump sum price or unit price agreed to between the Contractor and the Contract Administrator prior to commencement of the Change in the Work, in which case the Contract Administrator shall issue a Change Order that states the agreed lump sum price or unit price, as applicable; or

b) the Schedule of Prices for Changes in the Work in the event that the Contract Documents include such a Schedule and the work item required is set out in the Schedule, in which case the Contract Administrator shall issue a Change Order; or

c) the provisions contained in paragraph GC 8.02.04, Payment on a Time and Material Basis.

3.12 Notices .01 Any notice permitted or required to be given to the Contract Administrator or

the Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand, email or by facsimile transmission and on the fifth Day after the date of mailing if sent by mail.

.02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone numbers, email addresses and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work, and update as necessary.

.03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days.

.04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract.

3.13 Use and Occupancy of the Work Prior to Substantial Performance .01 The Owner may use or occupy the Work or any part thereof prior to

Substantial Performance unless otherwise specified in the Contract Documents.

.02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work. Such use or occupancy of any part of the Work by the Owner does not waive the Owner's right to charge the Contractor liquidated damages in accordance with the terms of the Contract.

3.14 Claims, Negotiations, Mediation

3.14.01 Continuance of the Work .01 Unless the Contract Documents have been terminated or completed, the

Contractor shall in every case, after serving or receiving any notification of a

285 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall not jeopardize any claim it may have.

3.14.02 Record Keeping .01 Immediately upon commencing Work that may result in a claim, the

Contractor shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance with paragraph GC 8.02.07, Records.

.02 The Contractor and the Contract Administrator shall attempt to reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim.

.03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim.

3.14.03 Claims Procedure .01 The Contractor shall give oral notice to the Contract Administrator of any

situation which may lead to a claim for additional payment immediately upon becoming aware of the situation and shall provide written notice to the Contract Administrator of such situation or of any express intent to claim such payment, within seven Days of the commencement of any part of the work which may be affected by the situation or shall form part of the claim.

.02 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall:

a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the

claim is made; and c) include the Records maintained by the Contractor supporting

such claim.

In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator.

.03 Within 30 Days of the receipt of the Contractor’s detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request.

286 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.04 Within 90 Days of receipt of the detailed claim, the Owner, or if authorized by the Owner, the Contract Administrator, shall advise the Contractor, in writing, of the Owner’s opinion with regard to the validity of the claim.

3.14.04 Negotiations .01 The parties shall make all reasonable efforts to resolve their dispute by

amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate these negotiations.

.02 Should the Contractor disagree with the opinion given in paragraph GC 3.14.03.04, with respect to any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Negotiation shall occur on three levels; first, with the Contract Administrator, second with the Owner's Manager level, and third, with the Owner’s Director, General Manager or Executive Director. Corresponding level shall be involved in the discussions on behalf of the Contractor. Any agreement reached with the Contract Administrator shall be subject to the Owner’s approval. Prior to commencement of construction the Owner and the Contractor shall meet to determine the names of the representatives at the three levels of discussion. These names shall be put in writing, to be used in the event of a dispute in issue.

.03 Discussions with the Contract Administrator shall be completed as soon as possible and shall be limited to a period of no more than 30 Days following receipt of the opinion given in paragraph GC 3.14.03.04. The Manager level discussion shall be completed as soon as possible following failed discussions with the Contract Administrator, and shall be limited to a period of no more than a further 30 Days. The Director, General Manager or Executive Director level discussion shall be completed as soon as possible following failed Manager level discussions, and shall be limited to a period of no more than a further 30 Days

.04 Each party shall be responsible for elevating an issue to the next level of negotiation, if the issue has not been resolved at the current level. The Contractor or Contract Administrator shall notify the other party in writing if he or she wishes to pursue an issue to the next level of negotiation.

.05 Where a negotiated settlement cannot be reached, or it is agreed that payment cannot be made on a Time and Material basis in accordance with paragraph GC 8.02.04, Payment on a Time and Material Basis, the parties may, upon mutual agreement, proceed in accordance with paragraph GC 3.14.05, Mediation.

3.14.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation process in

paragraph GC 3.14.04, and either party wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator.

287 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.02 The mediator shall be mutually agreed upon by the Owner and Contractor.

.03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together or separately, as necessary, to review all aspects of the issue. The mediator may provide the parties with his or her non-binding, without prejudice, settlement recommendation, on the day of the mediation.

.04 Each party is responsible for its own costs related to the use of the third party mediator process. The costs of the third party mediator shall be equally shared by the Owner and Contractor.

3.14.06 Payment .01 In the event that the parties resolve a claim through mediation, then any

agreed upon payment shall be made no later than 30 Days after the date of resolution of the claim or dispute, unless the parties agree otherwise.

3.14.07 Rights of Both Parties .01 Unless the parties agree otherwise, no action taken under this paragraph

GC 3.14, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties.

3.15 Arbitration

3.15.01 Conditions for Arbitration .01 If a claim is not resolved satisfactorily through the negotiation process, or

mediation if utilized, either party may request an arbitration of the dispute and the parties, by mutual agreement, may submit such dispute to arbitration and the provisions of the Ontario Arbitration Act, 1991, as amended, shall apply to such arbitration, including the provisions for appeal therein, except as otherwise provided in this section 3.15. Notwithstanding this, in the case of claims for amounts less than $150,000, exclusive of H.S.T., the provisions of article GC 3.15, Arbitration shall be mandatory if requested by either party, and the matter shall proceed to arbitration if not resolved through the said negotiation or mediation processes.

.02 If the Parties engage in arbitration to resolve the issue, notification to that effect shall be communicated in writing to the Contract Administrator within 30 Days of completing the negotiations referred in paragraph 3.14.04, or, if the parties proceed to mediation under paragraph 3.14.05, within 30 Days of completing that mediation.

.03 The parties shall be bound by the decision of the arbitrator.

.04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of this paragraph GC 3.15, Arbitration.

288 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

3.15.02 Arbitration Procedure

.01 If the Parties agree to engage in arbitration to resolve an issue, the parties shall enter into an agreement to arbitrate in accordance with the Arbitration Act, 1991, S.O. 1991, Ch. 17. The following provisions shall be included in the agreement to arbitrate:

a) All existing actions in respect of the matters under arbitration shall be stayed pending arbitration;

b) All then unresolved claims and matters to be settled shall be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated; and

c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule.

3.15.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor

to adjudicate the dispute.

.02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration referred to in paragraph GC 3.15.01.02, the Owner and the Contractor shall each choose an appointee with 37 Days of the notice of arbitration.

.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which shall select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so.

.04 The arbitrator shall not be interested financially in the Contract nor in either party’s business and shall not be employed by either party.

.05 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may hear and consider any evidence which the arbitrator considers relevant.

.06 The hearing shall commence within 90 Days of the appointment of the arbitrator.

3.15.04 Costs .01 The arbitrator’s fee shall be equally shared by the Owner and the

Contractor.

.02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor.

289 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor.

.04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration.

3.15.05 The Decision .01 The reasoned decision shall be made in writing within 90 Days of the

conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with the decision of the Arbitrator.

3.16 Archaeological Finds .01 If the Contractor’s operations expose any items that may indicate an

archaeological find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Initial notification may be verbal provided that such notice is confirmed in writing by the Contractor within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with paragraph GC 7.09, Suspension of Work.

.02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be considered to be beyond the Contractor’s control in accordance with paragraph GC 3.08.01.

.03 Any work directed or authorized in connection with an archaeological find shall be considered as a Change in the Work in accordance with paragraph GC 3.11, Changes in the Work.

.04 The Contractor shall take all reasonable action to minimize additional costs that may accrue as a result of any work stoppage.

3.17 Changed Geotechnical or Subsurface Conditions .01

If the geotechnical or subsurface conditions in the Working Area appear to the Contractor or the Contract Administrator to differ materially from those indicated in the Contract Documents, then the Contractor or the Contract Administrator, respectively, shall immediately notify the other party. Notification may be verbal provided that the notice is confirmed in writing by the party giving the notice within 2 Days. The Contract Administrator shall promptly investigate the apparent changed geotechnical or subsurface conditions and make a finding. Subject to the provisions of GC 2.01, if the finding is that the conditions differ materially and this would cause an increase or decrease in the Contract Price or Contract Time, then the Contract Administrator, with the Owner’s approval, shall provide the Contractor with a Change Directive in accordance with the provisions of GC

290 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

3.11. If the finding is that the conditions are not materially different or that no change in the Contract Price or the Contract Time is justified, the Contract Administrator shall promptly report the reasons for this finding to the Contractor and Owner in writing.

291 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Paragraph GC 4.0 Owner’s Responsibilities and Rights

GC #

4.01 Working Area .01 The Owner shall acquire all property rights that are deemed necessary by

the Owner for the construction of the Work, including temporary working easements.

4.02 Approvals and Permits .01 The Owner shall pay for all plumbing and building permits.

.02 The Owner shall obtain and pay for all permits, licenses and certificates

solely required for the design of the Work.

4.03 Management and Disposition of Materials .01 The Owner shall identify in the Contract Documents the materials to be

moved within or removed from the Working Area, and any characteristics of those materials that necessitate special materials management and disposition.

.02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, the Owner advises that,

a) the designated substance arsenic may be present throughout the Working Area occurring naturally, in contaminated soil or in sewage;

b) the designated substance asbestos is typically present throughout the Working Area in cement products, asphalt, and conduits for utilities. Exposure may occur as a result of activities by the Contractor such as cutting, grinding, drilling, blasting, breaking, crushing or removing of cement products, asphalt or conduits;

c) the designated substance lead may be present throughout the Working Area in contaminated soil, in sewage or in lead-containing paints, coatings, or conduits. Exposure may occur during soil excavation, or during removal or high temperature cutting/welding of paints/coatings or during cutting, grinding, drilling or removing of conduits;

d) the designated substance silica is typically present throughout the Working Area in cement materials. Exposure may occur as a result of activities such as sweeping, drilling, cutting, grinding, breaking or removing rock, concrete, masonry, stone or refractory materials; and

e) The designated substances benzene and mercury may be present throughout the Working area in sewage.

.03 Where building records or test results indicate the presence of a designated substance as set out above, specific information on its condition and location shall be provided by the Owner in the Contract Documents.

.04 If the Owner or Contractor discovers or is advised of the presence of designated substances or hazardous materials that are in addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be

292 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

provided to the other party immediately and written confirmation shall be provided within 2 Days. The Contractor shall stop work in the area immediately and shall determine the necessary steps required to complete the Work in accordance with applicable legislation and regulations.

.05 The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any Hazardous Materials not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph GC 4.03.05 shall be deemed to be a Change in the Work.

.06 Prior to commencement of the Work, the Owner shall provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System (WHMIS), that the Owner shall supply or use as part of the Work, together with copies of the Safety Data Sheets for these products. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Safety Data Sheets.

4.04 Construction Affecting Railway Property .01 The Owner shall pay the costs of all flagging and other traffic control

measures required and provided by a railway company unless such costs are solely a function of the Contractor’s chosen method of completing the Work.

.02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings or otherwise, on which construction operations are to take place in accordance with the terms of this Contract Documents.

.03 The Contractor shall be required to conduct the construction operations in such a manner as to avoid the possibility of damaging any railway property in the vicinity of the Work. Every reasonable precaution shall be taken by the Contractor to ensure the safety of all workers, Subcontractors, and Equipment, as well as railway property throughout the duration of the Contract.

4.05 Default by the Contractor .01 If the Contractor is adjudged bankrupt, or makes a general assignment for

the benefit of creditors because of the Contractor’s insolvency, or if a receiver is appointed because of the Contractor’s insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract.

.02 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to execute the Work properly or otherwise fails to comply with the requirements of the Contract, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the

293 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

Contractor’s contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice.

4.06 Notification of Default .01 The Owner may give written notice of a default to the Contractor, provided

that failure to give such notice in a timely way shall neither constitute nor be construed as waiver of the default. The notice shall include instructions to correct the default within 5 Working Days following receipt of such notice.

4.07 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 Working Days following the

receipt of a notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken.

.02 If the Owner determines that the correction of the default cannot be completed within 5 Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor,

a) commences the correction of the default within the 5 Working Days following receipt of the notice;

b) provides the Owner with a schedule satisfactory to the Owner for the progress of such correction; and

c) completes the correction in accordance with such schedule.

4.08 Owner's Right to Correct Default or Terminate the Contract .01 If the Contractor fails to correct the default within the time specified in

paragraph GC 4.07, Contractor's Right to Correct a Default, the Owner may, without prejudice to any other right or remedy:

a) correct such default and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor; and

b) terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor.

.02 If the Owner terminates the Contractor's right to continue with the Work in

whole or in part, the Owner shall be entitled to, a) take possession of the Working Area or that portion of the Working

Area devoted to that part of the Work terminated; b) utilize any Material within the Working Area ; c) withhold further payments to the Contractor with respect to the Work

or the portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed;

d) charge the Contractor the additional cost over the Contract Price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator, which additional cost shall include any additional compensation paid to the Contract Administrator arising from the correction of the default;

e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by

294 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

the Contractor that may be required under paragraph GC 7.15, Warranty;

f) charge the Contractor for any damages the Owner may have sustained as a result of or in relation to the default; and

g) charge the Contractor the amount by which the cost of corrections to the Work under paragraph GC 7.15, Warranty, exceeds the allowance provided for such corrections.

4.09 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is

less than the amount withheld from the Contractor under paragraph GC 4.08.02, the Owner shall pay the balance to the Contractor as soon as the final accounting for the Contract is complete.

4.10 Continuation of Contractor's Obligations .01 The Contractor's obligation under the Contract as to quality, correction and

warranty of the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination.

4.11 Owner's Right to Request Documents .01 The Contractor shall, at the sole request of the Owner, provide any

documentation requested by the Owner, where that documentation relates to any of the Work. The Contractor shall ensure that all such documentation is provided no later than ten (10) Days following the receipt of any such request.

295 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Paragraph GC 5.0 Material

GC #

5.01 Supply of Material .01 All Material necessary for the proper completion of the Work, except those

listed as being supplied by the Owner, shall be supplied by the Contractor at its sole expense.

5.02 Quality of Material .01 All Material supplied by the Contractor shall be new, unless otherwise

specified in the Contract Documents.

.02 Material supplied by the Contractor shall conform to the requirements of the Contract Documents.

.03 As specified in the Contract Documents or as otherwise requested by the Contract Administrator, the Contractor shall make available for inspection or testing a sample of any Material to be supplied by the Contractor.

.04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Material manufacturer or supplier to carry out such inspection, sampling and testing as specified in the Contract Documents or as otherwise requested by the Contract Administrator.

.05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling and testing.

.06 The Owner shall not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing before the scheduled shipping dates.

.07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator.

.08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of such Material shall be subject to the approval of the Contract Administrator.

.09 All Material inspection, sampling, and testing shall be carried out on a random basis in accordance with the standard inspection or testing methods required for the Material. Any approval given by the Contract Administrator for the Material that is based upon the random method shall not relieve the Contractor from the responsibility of incorporating Material that conforms to the Contract Documents into the Work or properly performing the Contract and of any liability arising from the failure to properly perform as specified in the Contract Documents.

296 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

5.03 Rejected Material .01 The Contractor shall remove rejected Material from the Working Area

expeditiously after the notification to that effect from the Contract Administrator. Where the Contractor fails to comply with such notice, the Contract Administrator may cause the rejected Material to be removed from the Working Area and disposed of in what the Contract Administrator considers to be the most appropriate manner, and the Contractor shall pay the costs of disposal and the appropriate overhead charges.

5.04 Substitutions .01 Where the Tender Call requires the Contractor to supply a Material

designated by a trade or other name, the Bid shall be based only upon supply of the Material so designated, which shall be regarded as the standard of quality required by the Tender Call. After the acceptance of the Bid, the Contractor may apply to the Contract Administrator to substitute another Material identified by a different trade or other name for the Material designated in the Tender Call. The application to the Contract Administrator shall be in writing and shall state the price for the proposed substitute Material, and such other information as the Contract Administrator may require.

.02 The Contractor shall not propose any substitute Material prior to the acceptance of the Bid. The Contractor shall not substitute any Material without the prior approval of the Contract Administrator. The approval or rejection of a proposed substitution shall be made at the discretion of the Contract Administrator.

5.05 Owner Supplied Material

5.05.01 Ordering of Excess Material .01 Where Material is supplied by the Owner and where this Material is ordered

by the Contractor in excess of the amount specified to complete the Work, such excess Material shall become the property of the Contractor on completion of the Work and shall be charged to the Contractor at cost plus applicable overheads.

5.05.02 Care of Material .01 The Contractor shall, in advance of receipt of shipments of Material supplied

by the Owner, provide adequate and proper storage facilities acceptable to the Contract Administrator and on the receipt of such Material shall promptly place it in storage except where it is to be incorporated forthwith into the Work.

.02 The Contractor shall be responsible for acceptance of Material supplied by the Owner, at the specified delivery point and for its safe handling and storage. If such Material is damaged while under the control of the Contractor, it shall be replaced or repaired by the Contractor at no expense to the Owner, and to the satisfaction of the Contract Administrator. If such Material is rejected by the Contract Administrator for reasons that are not the

297 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

fault of the Contractor it shall remain in the care and at the risk of the Contractor until its disposition has been determined by the Contract Administrator.

.03 Where Material supplied by the Owner arrives at the delivery point in a damaged condition or where there are discrepancies between the quantities received and the quantities shown on the bills of lading, the Contractor shall immediately report such damage or discrepancies to the Contract Administrator who shall arrange for an immediate inspection of the shipment and provide the Contractor with a written release from responsibility for such damage or deficiencies. Where damage or deficiencies are not so reported, it shall be assumed that the shipment arrived in good condition and order, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner.

.04 All Material supplied by the Owner in each shipment shall be accounted for by the Contractor and such Material shall be at the risk of the Contractor after taking delivery. Such Material shall not, except with the written permission of the Contract Administrator, be used by the Contractor for purposes other than the performance of the Work under the Contract.

.05 Empty reels, crates, containers and other types of packaging from Material supplied by the Owner shall become the property of the Contractor when they are no longer required for their original purpose and shall be disposed of by the Contractor at the Contractor's expense unless otherwise specified in the Contract Documents.

.06 Immediately upon receipt of each shipment, the Contractor shall provide the Contract Administrator with copies of bills of lading, or such other documentation the Contract Administrator may require to substantiate and reconcile the quantities of Material received.

.07 Where Material supplied by the Owner is ordered and stockpiled prior to the award of the Contract, the Contractor shall, at no extra cost to the Owner, immediately upon commencement of operations, check the Material, report any damage or deficiencies to the Contract Administrator and take charge of the Material at the stockpile site. Where damage or deficiencies are not so recorded by the Contractor, it shall be assumed that the stockpile was in good condition and order when the Contractor took charge of it, and any damage or deficiencies reported thereafter shall be made good by the Contractor at no extra cost to the Owner.

298 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Paragraph GC 6.0 Insurance, Protection and Damage

GC #

6.01 Protection of Work, Persons and Property .01 The Contractor, the Contractor's agents, and all workers employed by or

under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property, including but not limited to, structures and utilities that may be impacted by the Work from damage or injury. The Contractor shall be responsible for all losses and damage which may arise as the result of the Contractor's operations under the Contract unless indicated to the contrary below.

.02 The Contractor shall be responsible for the full cost of any necessary temporary protective work or works and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to the Contract Documents.

.03 The Contractor shall immediately inform the Contract Administrator of all damage and injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 Days of the occurrence of the damage or injuries. The Contract Administrator may conduct its own investigation and the Contractor shall provide all assistance to the Contract Administrator as may be necessary for that purpose.

.04 The Contractor shall not be responsible for loss and damage that occurs as a result of,

a) war; b) blockades and civil commotions; c) errors in the Contract Documents; or d) acts or omissions of the Owner, the Contract Administrator, their

agents and employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission.

.05 The Contractor and its Surety or Sureties shall not be released from any

term or provision of any responsibility, obligation or liability under the Contract or waive or impair any of the rights of the Owner except by a release duly executed by the Owner.

6.02 Indemnification .01 The Contractor shall indemnify and hold harmless the Owner and the

Contract Administrator, and each of their elected officials, officers, employees and agents (hereinafter referred to collectively as the “Indemnitees”) from and against all claims, demands, actions, suits or proceedings which may be brought against or made by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out

299 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

of the performance of or the failure to perform any of its obligations under the Contract Documents.

.02 The Contractor shall indemnify and hold harmless the Owner from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract.

.03 The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, actions, suits or proceedings brought against the Contractor by third parties that arise out of the Contractor's direct involvement in this Contract provided such claims are directly caused by the negligent act or omission of the Owner, and then only to the extent the loss or damage was caused by the Owner.

.04 The Owner shall indemnify and hold harmless the Contractor, its agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of its obligations under the Contract Documents which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area. The Contractor expressly waives the right to indemnity for claims other than those stated above.

.05 The Contractor shall pay to the Indemnitees, or any of them, on demand any loss, costs, damages and expenses which may be sustained, incurred or paid by the Indemnitees, or any of them, in consequence of any such action, suit, claim, lien, execution or demand pursuant to GC 6.01 and any moneys paid or payable by the Indemnitees in settlement or in discharge or on account thereof. If the Contractor fails to make such payment, all such mentioned loss, costs, damages and expenses and all such moneys so paid or payable may be deducted from any moneys of the Contractor then remaining in the possession of the Owner on account of the Work or from moneys payable by the Owner to the Contractor on any account whatever or may be recovered from the Contractor or its Surety, as the case may be, in any court of competent jurisdiction as moneys paid at their request. The Contractor hereby authorizes and empowers the Owner or the Contract Administrator as the case may be, or their Solicitor, for the time being, to defend, settle or compromise any of such actions, suits, claims, liens, executions or demands as the Owner or the Contract Administrator, as the case may be, or their said Solicitor may deem expedient. The Contractor shall ratify and confirm all the acts of the Owner or the Contract Administrator or their Solicitor in that behalf, and shall pay to such Solicitor on demand his or her reasonable costs of any such defense, settlement and/or compromise, and that in default of such payment the same may be deducted from any moneys payable by the Owner to the Contractor on any account whatever.

300 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

6.03 Contractor's Insurance .01 Without restricting the generality of paragraph GC 6.02, Indemnification, the

Contractor shall, at no additional cost to the Owner, at all times until the Work has been completed and handed over to the Owner, obtain and maintain insurance policies for the Work as outlined in the Contract Documents and as described below.

.02 The Contractor shall obtain Commercial General Liability Insurance such that the policy:

a) is in the amount of not less than Five Million Dollars ($5,000,000.00), per occurrence;

b) adds the Contract Administrator, the City, its boards, agencies and commissions and subsidiary operations, as applicable, as additional insured(s) but only with respect to liability arising out of the operation of the Contractor for which a contract is issued by the City;

c) has provisions for cross-liability and severability of interest, blanket form contractual liability, owner's and contractor's protective liability, broad form property damage, contingent and/or employer's liability, products/completed operations, non-owned automobile liability and and any other provision relevant as detailed in the proposal/contract documents, and if applicable, including coverage for blasting, pile driving and collapse; and

.03 The Contractor shall provide the following policies of insurance:

a) Standard Automobile Liability Insurance for all owned or leased licensed motorized vehicles that will be used in the performance of the Work with a limit of not less than TWO Million Dollars ($2,000,000.00);

b) Contractor’s Equipment Insurance – All-Risk property insurance on the Contractor’s equipment, materials and supplies used in the performance of the contract, including temporary boilers and pressure vessels in an amount to reflect replacement cost. The Contractor shall have no claim against the Owner or the Owner's insurers for any damage or loss to its property and shall require its property insurers to waive any right of subrogation against the Owner.

.04 The Contractor shall, if requested by the City, provide the following policies of insurance as described below:

a) Contractor's Pollution with a limit of $1,000,000 for sudden and gradual pollution occurrences associated with the Work, if applicable;

.05 All policies taken out by the Contractor shall be placed with an insurance company licensed to write in the Province of Ontario.

.06 The insurance policies required pursuant to this paragraph GC 6.03 shall be primary and shall not call into contribution any insurance available to the Owner.

301 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.07 Prior to the commencement of the Work, the Contractor shall deliver to the City an original certificate of insurance in the City's standard form, signed by the insurer or an authorized agent of the insurer. The Contractor shall provide original signed Certificates evidencing renewals or replacements to the Owner prior to the expiration date of the original policies, without notice or request by the Owner.

.08 The Contractor agrees that the insurance policies may be subject to reasonable deductible amounts, which deductible amounts shall be borne entirely by the Contractor. The amount of the deductible for the purpose of this Contract shall not be more than $25,000.00.

.09 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until 10 Days after the date of Final Acceptance of the Work, as set out in the Final Acceptance Certificate.

.10 It is understood and agreed that the coverage and limits of liability noted

above are not to be construed as the limit of liability of the Contractor in the performance of the Work.

.11 The Contractor shall maintain completed operations coverage for a period of six (6) years from Substantial Performance, unless otherwise indicated in the Contract Documents. On an annual basis the Contractor shall submit to the City a renewal certificate or a replacement policy prior to the expiration date of the existing policy without notice or demand by the City. If the Contractor fails to do so, any limitation period for claiming indemnity described in the Contract Documents shall not be binding on the Owner.

.12 Each policy (except for the policy of automobile insurance required under paragraph 1 of GC 6.03.03) shall contain an endorsement requiring the insurer(s) to notify the City of Toronto in writing, by registered mail, at least thirty (30) Days, (fifteen (15) Days if cancellation is due to non-payment of premium), prior to any cancellation of the Contractor’s insurance.

6.04 Bonding .01 The Contractor shall provide the Owner with any bonds required by the

Tender Call, which bonds shall be addressed to the correct obligee, in the amount and for the duration set out in the Tender Call.

.02 Such bonds shall be issued by a Surety and shall be maintained in good standing until the fulfillment of all obligations set out in the Contract Documents.

302 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Paragraph GC 7.0 Contractor’s Responsibilities and Control of the Work

GC #

7.01 General .01 The Contractor warrants that the site of the Work has been visited during or

prior to the preparation of the Bid and the character of the Work and all local conditions which may affect the performance of the Work are known.

.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator.

.03 The Contractor shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences and procedures and for coordinating the various parts of the Work. The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of the Work in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit.

.04 The Contractor, so as to ensure conformity with the Contract Documents shall, except where otherwise required by the Owner, have the sole responsibility for the design, erection, operation, maintenance and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use.

.05 Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work.

.06 The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (the “Act”) and Ontario Regulation 213/91 (which regulates Construction Projects) and any other regulations under the Act (the “Regulations”) which may affect the performance of the Work, as the “constructor” or “employer”, as defined by the Act, as the case may be. The Contractor shall ensure that:

a) worker safety is given first priority in planning, pricing and performing the Work;

b) its officers and supervisory employees have a working knowledge of the duties of a “constructor” and “employer” as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them;

303 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

c) a copy of the most current version of the Act and the Regulations are available at the Contractor’s office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work;

d) workers employed to carry out the Work possess the knowledge, skills and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety;

e) its supervisory employees are "Competent Persons" as defined in the Act, and carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and

f) all Subcontractors and their workers are properly protected from injury while in the Working Area.

.07 The Contractor, when requested, shall provide the Owner with a copy of its

health and safety policy and program and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work performed in compliance with the Act or in respect of any fine incurred or claim made as a result of the Contractor’s failure to comply with the requirements of the Act and the Regulations.

.08 Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System (WHMIS), which the Contractor expects to use for the Work. Related Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contract Administrator, in writing, of changes in the products to be used and provide relevant Safety Data Sheets.

.09 The Contractor shall have a Superintendent on the site while any Work is being performed, to supervise the Work and to act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names, addresses, positions and cell phone, pager and telephone numbers of the Superintendent who can be contacted at any time to deal with matters relating to the Contract and update as necessary.

.10 The Contractor shall designate a person to be responsible for traffic control and work zone safety. The designated person shall be a competent worker who is qualified because of knowledge, training, and experience to perform the duties, is familiar with Book 7 of the OTM and has knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of construction, the Contractor shall notify the Contract

304 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

Administrator of the name, address, position, cell phone, pager, and telephone numbers of the designated person, and update as necessary. The designated person may have other responsibilities, including other construction sites, and need not be present in the Work Area at all times.

.11 The Contractor shall, at no additional cost to the Owner, furnish all reasonable aid, facilities and assistance required by the Contract Administrator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment.

.12 The Contractor shall prepare, and update as required, a construction schedule of operations, indicating the proposed methods of construction and sequence of work and the time the Contractor proposes to complete the various items of work within the Contract Time. The schedule shall be designed to ensure conformity with the specified Contract Time. The schedule shall be submitted to the Contract Administrator within 7 Days from the date of the Contract award, unless otherwise required by the Contract. If the Contractor’s schedule is materially affected by changes, the Contractor shall submit an updated construction schedule, if requested by the Contract Administrator, within 7 Days of the request. This updated schedule shall show how the Contractor proposes to perform the balance of the Work, so as to complete the Work within the time specified in the Contract Documents. The Owner shall at its sole discretion be entitled to decide to not issue an order to commence work, until such a schedule has been received.

.13 Where the Contractor finds any error, inconsistency or omission relating to the Contract Documents or the Work, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affected until receiving advice from the Contract Administrator.

.14 The Contractor shall arrange with the appropriate utility authorities for the stake out of all underground utilities and service connections that may be affected by the Work. The Contractor shall observe the location of the stake outs, prior to commencing the Work, and in the event that there is a discrepancy between the location of the stake outs and the locations shown on the Contract Documents, that may affect the Work, the Contractor shall immediately notify the Contract Administrator and the affected utility companies, in order to resolve the discrepancy. The Contractor shall be responsible for any damage done to the underground Utilities and service connections by the Contractor's forces during construction.

305 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.15 The Contractor shall comply with and conform to all statutes, laws, by-laws, regulations, requirements, ordinances, notices, rulings, orders, directives and policies of the municipal, provincial and federal governments and any other lawful authority and all court orders, judgments and declarations of a court of competent jurisdiction (collectively referred to as the “Laws”), applicable to the Work to be provided by, and the undertakings and obligations of, the Contractor under this Contract.

7.02 Layout

7.02.01 Layout by Contractor .01 Where the Contract Documents provide for the Contractor to lay out the

Work, sub paragraphs .02 to .08 of paragraph 7.02.01 shall apply.

.02 Prior to commencement of construction, the Contract Administrator and the Contractor shall locate on site those property bars, baselines and benchmarks that are necessary to delineate the Working Area and to lay out the Work, all as shown on the Contract Drawings.

.03 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars that must be removed to facilitate the Work. Any other property bars disturbed, damaged or removed by the Contractor's operations shall be replaced by an Ontario Land Surveyor, at the Contractor’s expense.

.04 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work.

.05 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator.

.06 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution and inspection of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator.

.07 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator.

.08 All stakes, marks and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, for any reason, before the end of the Contract Time, such stakes, marks and reference points shall be replaced, to the satisfaction of the Contract Administrator, at the Contractor’s expense.

306 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

7.02.02 Layout by Owner .01 .02

Where the Contract Documents provide for the Owner to layout the Work, sub paragraphs .02 to .09 of paragraph 7.02.02 shall apply. The Owner shall be responsible for setting out the line and setting out the Grade for the project.

.03 The Owner shall supply a copy of the alignment and grade sheets to the Contractor to facilitate the construction of the Work according to the Contract Drawings.

.04 The Owner shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution and inspection of the Work.

.05 All stakes, marks and reference points provided by the Owner shall be carefully preserved by the Contractor. In the case of the destruction or removal as a result of the Contractor’s operations, such stakes, marks and reference points shall be replaced by the Owner at the Contractor’s expense.

.06 The Contractor shall give the Owner at least 24 hours notice before requiring levels, lines or stakes, on any portion of the Work and the Contractor shall clearly state in such notice the exact locality or localities where such are needed for use.

.07 The Contractor must satisfy itself before commencing work at any point as to the meaning and accuracy of all stakes and marks, and no claim shall be considered by the Owner for or on account of any alleged inaccuracies or for any alternations subsequently rendered necessary on account of any such alleged inaccuracies, unless the Contractor notifies the Owner thereof in writing before commencing the Work.

.08 .09

The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars which must be removed to facilitate the Work. Any other property bars disturbed, damaged or removed by the Contractor’s operations shall be replaced by an Ontario Land Surveyor, at the Contractor’s expense. All stakes, marks and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor’s operations, such stakes, marks and reference points shall be replaced, to the satisfaction of the Contract Administrator, at the Contractor’s expense.

7.03 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being

done or is likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on the

307 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehicles or Equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator.

7.04 Excess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work, in whole or in part,

upon a Highway, and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads.

7.05 Condition of the Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free

from the accumulation of debris and prevent nuisance, mud and ponding water, other than that caused by the Owner or others.

7.06 Maintaining Roadways and Detours .01 Where an existing Roadway is affected by construction, it shall, at all times,

be kept open to traffic. The Contractor shall, at no additional cost to the Owner, be responsible for providing and maintaining, for the duration of the Work an alternative route for both pedestrian and vehicular traffic through the Working Area in accordance with the OTM, whether along the existing Highway under construction or on a detour road beside or adjacent to the Highway under construction.

.02 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short periods of time to facilitate construction of the Work in accordance with the OTM. Any temporary lane closures shall be kept to a minimum.

.03 The Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Work that has been accepted in accordance with the Contract Documents. The Contractor shall not be required to apply de-icing chemicals or abrasives or carry out snowplowing unless otherwise specified in the Contract Documents.

.04 Where localized and separated sections of a Highway are affected by the Contractor's operations, the Contractor shall not be required to maintain intervening sections of that Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. Nothing in this section shall be taken as limiting the Contractor's obligation to maintain all areas of a Highway affected by the traffic control measures undertaken in relation to the Work and to fulfill all traffic control responsibilities thereon.

308 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.05 Where the Contract Documents provide for, or the Contract Administrator requires, detours at specific locations, payment for the construction of the detours, and if required, for the subsequent removal of the detours, shall be made at the Contract Prices appropriate to such work.

.06 The Contractor shall maintain, to the satisfaction of the Owner and the Contract Administrator, a road through the Working Area. The road through the Working Area shall include any detour constructed in accordance with the Contract Documents or required by the Contract Administrator. Compensation for all labour, Equipment and Materials to do this Work shall be at the Contract prices appropriate to the Work or, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made.

.07 Where Work is discontinued for any extended period including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Highway and detours in a passable, safe and satisfactory condition for public travel.

.08 Where the Contractor constructs a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's sole expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator.

.09 Where, with the prior written approval of the Contract Administrator, a Highway is closed and the traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, erect and maintain traffic control devices in accordance with the OTM.

.10 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under paragraph GC 6.01, Protection of Work, Persons and Property, dealing with the Contractor's responsibility for damage claims, except for claims arising on sections of a Highway within the Working Area that are being maintained by others.

7.07 Access to Properties Adjoining the Work and Interruption of Utility Services

.01 The Contractor shall provide, at all times, and at no extra cost to the Owner, a) safe and adequate pedestrian and vehicular access; and b) continuity of Utility services; and c) access for any and all emergency response vehicles and services,

to any and all properties adjoining the Working Area.

309 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.02 The Contractor shall provide, at all times and at no extra cost to the Owner,

access to fire hydrants, water and gas valves, and all other Utilities located in the Working Area.

.03 Where any interruptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with paragraph GC 7.11, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected.

7.08 Approvals and Permits .01 Except as specified in paragraph GC 4.02, Approval and Permits, the

Contractor shall obtain and pay for any permits, licenses, and certificates that are required for the performance of the Work.

.02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.08.01

7.09 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator,

discontinue or delay any or all of the Work and Work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, shall be administered according to paragraph GC 3.08, Delays.

7.10 Contractor's Right to Stop the Work or Terminate the Contract .01

The Contractor may notify the Owner in writing, with a copy to the Contract Administrator, that the Owner is in default of contractual obligations if,

a) the Contract Administrator fails to issue certificates in accordance with the provisions of paragraph GC 8.0 Measurement and Payment;

b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in paragraph GC 8.02.03, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court; or

c) the Owner commits a major default of the requirements of the Contract.

.02 The Contractor's written notice to the Owner shall advise that if the default

is not corrected in the 15 Days immediately following the receipt of the written notice the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract.

.03 If the Contractor terminates the Contract under the conditions set out in paragraph GC 7.10, above, the Contractor shall only be entitled to be paid for that portion of the Work that is, in the Contract Administrator's opinion, satisfactorily performed.

310 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

7.11 Notices by the Contractor .01 Before Work is carried out that may affect the property or operations of any

Ministry or agency of government or any person, company, partnership or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours’ advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board, or commission so affected.

.02 In the case of a spill as defined in section 91 of the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended and any successor legislation, or any damage to, or interference with any Utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner and the Contract Administrator of the location and details of such spill, damage or interference. In the case of spills, the Contractor shall also, immediately, report the spill to the Ministry of the Environment and Climate Change (Ontario).

7.12 Obstructions .01 Except as otherwise noted in the Contract Documents, the Contractor

assumes all the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage or expense occasioned thereby.

.02 Where the obstruction is a Utility or other man-made object, the Contractor shall not be required to assume the risks and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the plans or described in the Contract Documents and the location so shown is within the tolerance specified in paragraph GC 2.01.01(a) or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site investigation made by the Contractor in accordance with the Contract Documents.

.03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exercise the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the Utilities from damage.

311 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

7.13 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to

maintain the Work in a safe and satisfactory condition, the Contractor shall not carry on operations under the Contract Documents on days other than Working Days without permission in writing from the Contract Administrator, unless otherwise required by the Contract Documents.

.02 The Contractor shall cooperate and coordinate the Work with other contractors, Utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times.

7.14 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall

remove any surplus materials, tools, construction machinery and Equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner, and leave the Work and Working Area clean and suitable for occupancy by the Owner unless otherwise specified.

.02 Notwithstanding any other terms or conditions set out herein, the Contract Administrator shall not be under any obligation to issue a Completion Certificate until such time as the Contractor has removed all surplus materials, tools, construction machinery, debris and Equipment from the Working Area.

7.15 Warranty .01 The Contractor shall be responsible for the proper performance of the Work

only to the extent that the design and specifications permit such performance.

.02 Subject to the previous paragraph, the Contractor shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work that appear, prior to and during the period of 24 months after the date of Substantial Performance or such longer or shorter periods as may be specified elsewhere in the Contract Documents for certain Equipment, Materials or components of Work. The Contract Administrator shall promptly give the Contractor written notice of observed defects or deficiencies.

.03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.15.02

312 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

7.16 Contractor's Workers .01 The Contractor shall employ only orderly, competent and skillful workers to

do the Work and whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly, such worker or workers shall be removed from the Work and shall not again be employed on the Work without the consent in writing of the Contract Administrator.

7.17 Resident or Property Owner Complaints or Claims .01 The Contractor shall immediately upon becoming aware of a complaint or

claim made by a resident or property owner, inform the Contract Administrator.

7.18 Contractor’s Responsibility for Drainage .01 The Contractor shall keep all portions of the Work well, properly and

efficiently drained, to at least the same degree as that of the existing drainage conditions, during construction and until the Work is completed. The Contractor shall be solely responsible for all damages caused by, or resulting from, water backing up or flowing over, under, through, from, on or along any part of the Work or which any of his or her operations may cause to flow elsewhere and shall bear such costs, make such provisions and provide such indemnity as required in the Contract Documents.

7.19 Blasting .01 The Contractor shall not carry out any blasting operation except with the

written consent of the Contract Administrator, provided that any consent so granted shall not, under any circumstances, relieve the Contractor of the liabilities and obligations assumed by him under this Contract.

.02 The Contractor shall comply with all laws, regulations and directions of the Contract Administrator, respecting the handling, storage and use of explosives.

313 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Paragraph GC 8.0 Measurement and Payment

GC #

8.01 Measurement

8.01.01 Quantities .01 The Contract Administrator shall make an Estimate once a month, in writing,

of the quantity of Work performed. The first Estimate shall be the quantity of Work performed since the Contractor commenced the Contract, and every subsequent Estimate, except the final one, shall be of the quantity of Work performed since the preceding Estimate was made. The Contract Administrator shall provide the copy of each Estimate to the Contractor within 15 Days of the last Day of the period covered by the Estimate.

.02 Progress Payments based on Estimates shall be construed and held to be approximate. The final quantities for the issuance of the Completion Certificate shall be based on the Actual Measurement of the Work completed.

8.01.02 Variations in Tender Call .01 Where it appears that the quantity of Work to be done and/or Material to be

supplied by the Contractor under a unit price Tender Call item will exceed or be less than the Tender Call quantity, the Contractor shall proceed to do the Work and/or supply the Material required to complete the Tender Call item and payment will be made for the actual amount of Work done and/or Materials supplied at the unit prices stated in the Tender Call except as provided below:

a) In the case of a Major Item where the quantity of Work performed and/or Material supplied by the Contractor exceeds the tender quantity by more than 30%, the City shall have the right, in its sole discretion, to require that the portion of the Work performed and/or Material supplied which exceeds 130% of the tender quantity be paid as Work on a Time and Material Basis, in accordance with GC 8.02.04.

8.02 Payment

8.02.01 Payment for Work .01 Payment for the Work shall be full compensation for all labour, Equipment

and Material required in its performance, including, but not limited to, Hand Tools, supplies and other incidentals.

.02 Payment for Work not specifically detailed as part of any one item and without specified details of payment shall be deemed to be included in the items with which it is associated.

314 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

8.02.02 Advance Payments for Material .01 The Owner may make advance payments for Material intended for

incorporation in the Work upon the written request of the Contractor and according to the following terms and conditions:

a) The Contractor shall deliver the Material to a site approved by the Contract Administrator and the Contractor shall, in advance of receipt of the shipment of the Material, arrange for adequate and proper storage facilities.

b) The value of aggregates, processed and stockpiled, shall be assessed by the following procedure:

i. Sources Other Than Commercial (1) Granular 'A', 'B' and 'M' shall be assessed at the rate of 60%

of the Contract Price. (2) Coarse and fine aggregates for hot mix asphaltic concrete,

surface treatment and Portland cement concrete shall be assessed at the rate of 25% of the Contract Price for each aggregate stockpiled.

ii. Commercial Sources Payment for separated coarse and fine aggregates shall be

considered at the above rate when such materials are stockpiled at a commercial source where further processing is to be carried out before incorporating such materials into a final product. Advance payments for other materials located at a commercial source shall not be made.

c) Payment for all other materials, unless otherwise specified elsewhere in the Contract, shall be based on the invoice Price, and the Contractor shall submit proof of cost to the Contract Administrator before payment will be made by the Owner.

d) The payment for all Materials shall be prorated against the appropriate tender item by paying for sufficient units of the item to cover the value of the Material. Such payment shall not exceed 80% of the Contract Price for the item.

e) All Materials for which the Contractor wishes to receive advance payment shall be placed in the designated storage location immediately upon receipt of the material and shall thenceforth be held by the Contractor in trust for the Owner as collateral security for any monies advanced by the Owner and for the due completion of the Work. The Contractor shall not exercise any act of ownership inconsistent with such security, or remove any Material from the storage locations, except for inclusion in the Work, without the consent, in writing, of the Contract Administrator.

f) Such Materials shall remain at the risk of the Contractor who shall be responsible for any loss, damage, theft, improper use or destruction of the material however caused.

.02 Where the Owner makes advance payments subject to the conditions listed in paragraph GC 8.02.02.01, such payment shall not constitute acceptance of the Material by the Owner. Acceptance shall only be determined when the Material meets the requirements of the appropriate specifications.

315 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

8.02.03 Certification and Payment

8.02.03.01 Progress Payment Certificate .01 The Contract Administrator shall issue a Progress Payment Certificate in

accordance with the Contract Documents and paragraph GC 8.01.01, Quantities.

.02 The Progress Payment Certificate shall show,

a) the quantities of Work performed; b) the value of Work performed; c) any advanced payment for Material; d) the amount of statutory holdback, liens, Owner’s set-off; e) the amount of any applicable taxes; and f) the amount due the Contractor.

.03 One copy of the Progress Payment Certificate shall be sent to the

Contractor.

.04 .05

Payment shall be made within 30 Days of the approval of the Progress Payment Certificate by the Contract Administrator. The Owner shall retain from funds owing under the Contract the statutory holdbacks required under the Construction Act. Unless otherwise specified in the Contract Documents, no letter of credit or demand-worded holdback will be accepted or used to retain any part of the statutory holdbacks required under the Construction Act.

8.02.03.02 Certification of Subcontract Completion .01 Before Substantial Performance, the Contractor may notify the Contract

Administrator, in writing that a subcontract is completed satisfactorily to the Contractor and ask that the Contract Administrator certify the completion of such subcontract.

.02 The Contract Administrator shall issue a Certificate of Subcontract Completion if the subcontract has been completed in a form satisfactory to the Contract Administrator, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory to the Contract Administrator.

.03 The Contract Administrator shall set out in the Certificate of Subcontract Completion the date on which the subcontract was completed and within 7 Days of the date the subcontract is certified complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the Subcontractor concerned.

8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment .01

Following receipt of the Certificate of Subcontract Completion, the Owner may release and pay the Contractor the statutory holdback retained in respect of the subcontract. Such release shall be made 61 Days after the

316 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

date the subcontract was certified complete and providing the Contractor submits the following to the Contract Administrator:

a) a document satisfactory to the Contract Administrator that shall release the Owner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies;

b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract;

c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and

d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor.

.02 Paragraph GC 8.02.03.03.01(d) shall apply to Lump Sum Items only and then only when the Contract Administrator specifically requests it.

.03 Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the payment due under the subcontract.

.04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities.

8.02.03.04 Certification of Substantial Performance .01 Upon application by the Contractor and when the Contract Administrator has

verified that the Contract has been substantially performed, the Contract Administrator shall issue a Certificate of Substantial Performance.

.02 The Contract Administrator shall set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and within 7 Days after signing the said certificate the Contract Administrator shall provide a copy to the Contractor.

.03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) paragraph 5 of the Construction Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in the manner set out in the regulations.

.04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense.

.05 Except as otherwise provided for in Section 31 of the Construction Act, the 60-Day lien period prior to the release of holdback as referred to in paragraph GC 8.02.03.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above.

317 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

8.02.03.05 Substantial Performance Payment and Substantial Performance

Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial

Performance, the Contract Administrator shall also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate.

.02 The Substantial Performance Payment Certificate shall show, a) the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous

releases of statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment;

d) the amount of maintenance security required; and e) the amount due the Contractor.

.03 Subject to paragraph GC 8.02.03.05.05, payment of the amount certified

shall be made within 30 Days of the date of issuance of the Substantial Performance Payment Certificate.

.04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 61 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Act and GC 8.02.03.05.05.

.05 .06

Despite anything to the contrary in the Contract Documents, the Owner shall be entitled to reduce the amount of the Statutory Holdback paid to the Contractor to account for any amounts that may be owed by the Contractor to the Owner. Subject to the Construction Act, as of the twenty-fifth calendar day before the expiry of the lien period after Substantial Performance is declared or published as provided in the Construction Act, the Contractor waives and releases the Owner from all claims which the Contractor has or reasonably ought to have knowledge of that could be advanced by the Contractor against the Owner arising from the Contractor’s involvement in the Work, including, without limitation claims for delay, claims for an increase in the Contract Price, and those arising from negligence or breach of contract in respect to which the cause of action is based upon acts or omissions which occurred prior to or on the date of Substantial Performance of the Work except as follows:

a) claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of Claim has been received by the Owner from the Contractor no later than the twenty-sixth calendar

318 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



GC #

.07 .08 .09 .10

day before the expiry of the lien period after Substantial Performance is declared or published as provided in the Construction Act;

b) indemnification for claims advanced against the Contractor by third parties for which a right of indemnification may be asserted by the Contractor against the Owner pursuant to the provisions of this Contract;

c) claims resulting from acts or omissions which occur after the date of Substantial Performance of the Work.

The Contractor waives and releases the Owner from all claims referenced in GC 8.02.03.05.06(c) except for those referred in GC 8.02.03.05.06(b) and Claims for which Notice in Writing of Claim has been received by the Owner from the Contractor within 395 calendar days following the date of Substantial Performance of the Work. “Notice in Writing of Claim” as provided for in GC 8.02.03.05.06 and GC 8.02.03.05.07 to preserve a claim or right of action which would otherwise, by the provisions of GC 8.02.03.05.06 and GC 8.02.03.05.07, be deemed to be waived, must include the following:

a) a clear and unequivocal statement of the intention to claim; b) a statement as to the nature of the claim and the grounds upon which

the claim is based; and c) a statement of the estimated quantum of the claim.

The Contractor giving “Notice in Writing of Claim” as provided for in GC 8.02.03.05.08 shall submit within a reasonable time a detailed account of the amount claimed. Where the event or series of events giving rise to a claim made under GC 8.02.03.05.06 has a continuing effect, the detailed account submitted under GC 8.02.03.05.09 shall be considered to be an interim account and the Contractor shall, when making the claim, submit further interim accounts, at reasonable intervals, giving the accumulated amount of the claim and any further grounds upon which it is based. The Contractor, when making the claim, shall submit a final account after the end of the effects resulting from the event or series of events.

8.02.03.06 Certification of Completion .01 Upon application by the Contractor and when the Contract Administrator has

verified that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate.

.02 The Contract Administrator shall set out in the Completion Certificate the date of Completion and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor.

319 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



8.02.03.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates

.01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate.

.02 The Completion Payment Certificate shall show,

a) measurement and value of Work at Completion; b) the amount of the further statutory holdback based on the value of

further work completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and

c) the amount due the Contractor.

.03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall be due 61 Days after the date of Completion of the Work as established by the Completion Certificate but subject to the provisions of the Construction Act and any right of set-off the Owner may have.

8.02.03.08 Owner's Set-off .01 Pursuant to Section 12 of the Construction Act, the Owner may retain from

monies owing to the Contractor under this Contract Document an amount sufficient to cover any outstanding or disputed liabilities including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties that have not been determined in writing by the Contractor's insurer, undetermined claims by the Owner, any assessment due the Workplace Safety and Insurance Board and any monies to be paid to workers in accordance with paragraph GC 8.02.06, Payment of Workers.

.02 Where the Owner intends to retain money under paragraph GC 8.02.03.08.01, the Owner shall give the Contractor appropriate notice of such action.

8.02.04 Payment on a Time and Material Basis

8.02.04.01 Definitions .01 For the purpose of paragraph GC 8.02.04 the following definitions shall

apply: 127 Rate: means the rate for a unit of Equipment as listed in OPSS.PROV 127, Schedule of Rental Rates for Construction Equipment Including Model and Specification Reference, that is current at the time the Work is carried out or for Equipment that is not so listed, the rate that has been calculated by the Owner, using the same principles as used in determining the 127 Rates.

320 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Cost of Labour: means the amount of wages, salary and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs incurred for general supervision, administration and management time spent on the entire Work or any wages, salary or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment. Cost of Material: means the cost of Material purchased or supplied from stock, and valued at current market prices, for the purpose of carrying out Work on a Time and Material Basis, by the Contractor, or by others when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices. Operated Rented Equipment: means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator. Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment insurance, sickness and accident insurance, pension fund, and such other welfare and benefit payments forming part of the Contractor's normal labour costs. Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator. Road Work: means the preparation, construction, finishing and construction maintenance of roads, streets, Highways and parking lots and includes all work incidental thereto other than work on structures. Sewer and Watermain Work: means the preparation, construction, finishing and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures. Standby Time: means any period of time that is not considered Working Time and which together with the Working Time does not exceed 10 hours in any one Working Day and during which time a unit of equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition. Structure Work: means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, building, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel or retaining wall and the installation of equipment and appurtenances incidental thereto.

321 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Work on a Time and Material Basis: means a Change in the Work, approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subject to all the terms, conditions, specifications and provisions of the Contract Documents. Working Time: means each period of time during which a unit of Equipment is actively and of necessity engaged on a specific operation and the first 2 hours of each immediately following period during which that unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition.

8.02.04.02 Daily Work Records .01 Daily Work Records prepared, as the case may be, by either the

Contractor's representative or the Contract Administrator and reporting the labour and Equipment employed and the Material used for Work on a Time and Material Basis, shall be reconciled and signed each day by both the Contractor's representative and the Contract Administrator. If it is not possible to reconcile the Daily Work Records, then the Contractor shall submit the un-reconciled Daily Work Records with its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim

8.02.04.03 Payment for Work .01 Payment as herein provided shall be full compensation for all labour,

Equipment and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator.

8.02.04.04 Payment for Labour .01 The Owner shall pay the Contractor for labour employed on each Time and

Material project at 135% of the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of $3000.

.02 At the Owner’s discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Work on Time and Material Basis on the Contract

8.02.04.05 Payment for Material .01 Where payments are to be made on a Time and Material Basis, the Owner

shall pay the Contractor for Material used at 120% of the Cost of Material up to $3,000, then at 115% of any portion of the Cost of Material in excess of $3,000.

322 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



8.02.04.06 Payment for Equipment

8.02.04.06.01 Working Time .01 The Owner shall pay the Contractor for the Working Time of all Equipment

other than Rented Equipment and Operated Rented Equipment used on the Work on a Time and Material basis at the 127 Rates with a cost adjustment as follows:

a) Cost $10,000 or less - no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 -

payment $10,000 plus 90% of the portion in excess of $10,000; and

c) Cost greater than $20,000 - $19,000 plus 80% of the portion in excess of $20,000.

.02 The Owner shall pay the Contractor for the Working Time of Rented

Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of the 127 Rate. This constraint may be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment.

.03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the Equipment on the Work on a Time and Material Basis.

8.02.04.06.02 Standby Time .01 The Owner shall pay the Contractor for Standby Time of Equipment at 35%

of the 127 Rate or 35% of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by the Contract Administrator. This shall include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis.

.02 In addition, the Owner shall include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the Standby Time or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis.

.03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on a Time and Material Basis to be returned to the lessor until the Work requiring the Equipment can be resumed. The Owner shall pay such costs as result directly from such return.

.04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material basis, payment shall be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be

323 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator.

8.02.04.07 Payment for Hand Tools .01 Notwithstanding any other provision of this paragraph, no payment shall be

made to the Contractor for, or in respect of, Hand Tools or Equipment that are tools of the trade.

8.02.04.08 Payment for Work by Subcontractors .01 For Changes in the Work, where the Work is performed by a Subcontractor

the Owner shall pay the Contractor a markup in the amount of 10% of the first $10,000 plus 5% of the amount in excess of $10,000.

.02 No further markup shall be applied regardless of the extent to which the Work is assigned or sublet to others. If Work is assigned or sublet to an associate, as defined by the Securities Act no markup whatsoever shall be applied

8.02.04.09 Submission of Invoices .01 At the start of the Work on a Time and Material Basis, the Contractor shall

provide the applicable labour and Equipment rates not already submitted to the Contract Administrator during the course of such Work.

.02 Separate summaries shall be completed by the Contractor and each such summary shall include the Change Directive or Change Order number and covering dates of the Work and shall itemize separately labour, Materials and Equipment. Invoices for Materials, Rented Equipment and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary.

.03 Each month the Contract Administrator shall include with the monthly Progress Payment Certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis.

.04 The final summary required under 8.02.04.09.02 shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis.

8.02.04.10 Payment Other Than on a Time and Material Basis .01 Paragraph GC 8.02.04 shall not preclude the option of the Contract

Administrator and the Contractor negotiating a Lump Sum or Unit Price payment for Changes in the Work.

8.02.04.11 Payment Inclusions .01 Except where there is agreement in writing to the contrary, the payments

described herein shall be accepted by the Contractor as compensation in full for profit and all costs and expenses arising out of the Work including all cost of general supervision, administration and management time spent on the Work and no other payment or allowance shall be made in respect of such Work.

324 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



8.02.05 Final Acceptance Certificate .01 After the acceptance of the Work the Contract Administrator shall issue the

Final Acceptance Certificate, or, where applicable, after the Warranty Period has expired. The Contract Administrator shall have no obligation to issue the Final Acceptance Certificate until all known deficiencies have been adjusted or corrected, as the case may be, and the Contractor has discharged all obligations under the Contract Documents.

8.02.06 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers

employed on the Work in accordance with the labour conditions set out in the Contract Documents and at intervals of not less than twice a month.

.02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in the same manner as set out in paragraph GC 8.02.06.01.

.03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract Documents, the Owner may set off monies owing to the Contractor to reflect the amount required to be paid under the Contract Documents.

8.02.07 Records .01 The Contractor shall maintain and keep accurate Records relating to the

Work, including any Changes in the Work, and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, and any Changes in the Work. The Contractor shall preserve all such original Records until 12 months after the Final Acceptance Certificate is issued or until all claims have been settled, whichever is longer. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, or any Changes in the Work and claims arising therefrom for the same period of time.

.02 If, in the opinion of the Contract Administrator, Daily Work Records are required, the Contractor's Daily Work Records shall include the labour and Equipment employed and the Material used on any specific portion of the Work. The Daily Work Records shall be reconciled with and signed by the Contractor's representative each day.

.03 The Owner may inspect and audit the Contractor's Records relating to the Work, and any Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required whenever requested by the Owner.

325 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



8.02.08 Taxes and Duties .01 Where a change in Canadian Federal or Provincial taxes occurs after the

date of the Tender Call closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner shall increase or decrease Contract payments to account for the exact amount of tax change involved.

.02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after the date of Final Acceptance.

.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after Final Acceptance.

.04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour and the supply of commodities, which do not form part of the Work.

8.02.09 Liquidated Damages .01 It is agreed by the parties to the Contract that if all the Work is not completed

within the time specified or any extension thereof by the Contract Administrator, 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 Five Hundred Dollars ($500.00), or as otherwise indicated in the Contract Documents, for liquidated damages for each and every Working Day’s delay in finishing the Work beyond the date of completion or number of days prescribed. It is agreed that this amount is an estimate of actual damage to the Owner which will accrue during the period in excess of the prescribed date of Completion, and is not a penalty.

The Owner may deduct any amount under this paragraph from any monies that may be due or payable to the Contractor on any account with respect to the Contract Documents. 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.

326 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 5A – Specific Conditions of Contract Tender Call No. 196-2019 Contract No. 19ECS-LU-02FP


Section 5A – Specific C onditi ons of C ontrac t

Table of Contents Page No. 5A- 1. Specification Reference Numbers ............................................................................... 2

2. Emergency During Construction ................................................................................. 2

3. Certificate of Recognition (COR™) Requirement ........................................................ 2

4. Workplace Safety and Insurance Act ........................................................................... 2

5. Occupational Health and Safety Act ............................................................................ 2

6. Workforce Development Plan ....................................................................................... 7

7. Organization of Work and Work Restrictions .............................................................. 7

8. Other Contractors ......................................................................................................... 7

9. Contractor's Liability ..................................................................................................... 8

10. Construction Survey and Layout ................................................................................. 8

11. Disposal of Surplus Excavated Material and Removals ............................................. 9

12. Smog Alert Response Plans ....................................................................................... 10

13. Security and Construction Signs ............................................................................... 10

14. Material and Truck Weighing ...................................................................................... 11

15. Noise Regulations ....................................................................................................... 11

16. Fair Wage and Labour Trades Policy ......................................................................... 12

17. Liquidated Damages ................................................................................................... 12

18. Spills Reporting ........................................................................................................... 12

19. Taxes ............................................................................................................................ 13

20. Insurance ..................................................................................................................... 13

21. Co-ordination and Meetings ....................................................................................... 13

22. Communication ........................................................................................................... 13

23. Payment Schedule ...................................................................................................... 13

24. Material Price Adjustment for ..................................................................................... 13

25. Standard Specifications and Standard Drawings ..................................................... 13

26. Construction Schedule ............................................................................................... 13

27. Performance Evaluation ............................................................................................. 14

28. Payroll Burden Rate for Work on a Time and Material Basis ................................... 14

29. Traffic Signal and Street Lighting Installations ......................................................... 15

30. Hot Work and Red Tag Permit Training ..................................................................... 15

31. Service Standards for Contractors in Responding to Third Party Claims .............. 15

32. Confined Spaces ......................................................................................................... 17

33. Schedule of Prices for Changes in the Work ............................................................ 17

327 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



1. Specification Reference Numbers All index and reference numbers in the Tender Submission Package, Plans and/or Specifications, or Index are given for the convenience of the Contractor and as such must be taken only as a general guide to the items referred to. It must not be assumed that such numbering is the only reference to each item, but the Contract as a whole must be fully read in detail for each item.

2. Emergency During Construction The Contractor is requested to furnish the phone number and name of a representative who can be contacted on a 24 hour basis in case of emergency during construction, upon request by the Contract Administrator after the award of the Contract. Those nominated shall have a cellular phone and/or pager to ensure that potential contact with them can be sustained over 24 hours, seven days a week throughout the duration of the Contract.

3. Certificate of Recognition (COR™) Requirement Where required in the Contract Documents, the Contractor shall possess and maintain a valid Certificate of Recognition (COR™) or equivalent OHS Certification satisfactory to the City (in the City's sole discretion) at all times for the duration of the Contract. The Contractor shall provide the Consultant or Contract Administrator with a new Certificate of Recognition (COR™) or equivalent OHS Certification immediately upon the expiry of the previous Certificate of Recognition or equivalent OHS Certification or otherwise upon demand by the Consultant or Contract Administrator.

4. Workplace Safety and Insurance Act Before commencing Work, the Contractor shall provide the City with a valid clearance certificate from the Workplace Safety & Insurance Board (WSIB), and shall continue to provide valid clearance certificates from the WSIB for the duration of the Contract. Prior to the release of final monies owing by the City of Toronto, the Contractor will be required to produce a certificate issued by the Board to the effect that she/he has paid in full their assessment based on a true statement of the amount of payrolls. If such a certificate cannot be provided because the Contractor is considered by WSIB to be an independent operator without coverage, a letter to this effect from the WSIB shall be provided by the Contractor.

5. Occupational Health and Safety Act 5.1 Nothing in this section shall be deemed or construed as making the City the

"employer" of any workers employed or engaged by the Contractor to perform the Work and/or supply services to the project, including any part thereof, or the "constructor", either instead of or jointly with the Contractor. “Employer” and “constructor” shall have the same meaning as in section 1 of the Occupational Health and Safety Act, R.S.O. 1990, Chapter O.1, as amended from time to time, including any regulations thereunder and successor legislation (hereinafter collectively referred to as the “OHSA”).

5.2 Unless specifically advised otherwise in writing by the Contract Administrator or otherwise directed by the Ministry of Labour, where the Work consists of or includes construction, the Contractor shall for the purposes of the OHSA be deemed, construed and designated as the "constructor" for the project comprising the Work and shall:

328 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



(a) assume all of the responsibilities of that constructor as set out in the OHSA and its regulations including, without restricting the generality of the foregoing,

(i) registration as a constructor with the Director of the Construction Health and Safety Branch in accordance with the OHSA and, in particular section 5 of Regulation 213/91 or any successor provision;

(ii) posting/compliance with any applicable notice-filing and notice-posting/availability requirements of the OHSA and, in particular section 6 of Regulation 213/91 under or any successor provision;

(b) provide the City with adequate written proof of the registration referred to in subsection (a) (i) of this section before commencing the Work; and

(c) where the notice requirements referred to in subsection (a) (ii) of this section are applicable, provide a copy of such notice to the City concurrently with the filing thereof pursuant to the OHSA.

5.3 In accordance with the OHSA, as amended, a list of designated substances found at the project site is appended to hereto under Section 4 – Scope of Work and forms part of this Contract.

5.4 The Contractor shall ensure that each prospective Subcontractor engaged by the Contractor for the project has received a copy of the list of designated substances that are present at the site, provided to the Contractor by the City, before each prospective Subcontractor enters into a binding contract for the supply of Work on the project, and the Contractor shall perform all other obligations as the constructor under the Contract and for the project.

5.5 The Contractor shall conform to and enforce strict compliance with the OHSA including, without restricting the generality of the foregoing, the Contractor's duties and obligations as an "employer" under section 25 and 26 thereof, and OHSA regulations with respect to construction, designated substances and asbestos. “Designated substance” and “hazardous material” shall have the same meaning as in the OHSA.

5.6 The Contractor shall:

(a) ensure that no work will commence, and that those engaged by the Contractor are aware of and comply with the requirements of the OHSA and shall not commence work, without first reporting their arrival and intent at the Work site on the first day to the Contract Administrator;

(b) establish and maintain at each Work site, in a manner easily available to all workers, other staff and authorized City staff, a copy of all relevant Safety Data Sheets (“SDS”);

(c) deliver to the Contract Administrator a list of all designated substances and a copy of the SDS for each hazardous material, both as defined in the OHSA, that will be brought to the Project site and/or used in the performance of the Work, no later than Five (5) working days following execution of the Contract and at least Ten (10) working days prior to commencement of the Work;

329 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



(d) not bring onto the Work site any designated substance or hazardous material without the prior written authorization of the Contract Administrator;

(e) strictly conform to and comply with, all applicable laws, statutes, regulations, orders, directives and rulings from any federal, provincial or municipal governmental authority pertaining to lead and any other designated substance(s) or hazardous material(s), including without limitation, the OHSA and all regulations thereunder, and also cause its Subcontractors to do so;

(f) submit to the Contract Administrator a copy of the Notice of Project issued to the Ministry of Labour;

(g) should the Contractor be issued a notice/directive as either an "order to comply" or a "stop work order", immediate corrective measures shall be taken by the Contractor. A copy of the notice/directive shall be delivered to the Contract Administrator immediately.

(h) promptly report to the Contract Administrator all accidents involving personal injury or property damage that occur in connection with the work; and

(i) take all steps necessary to prevent the spread of lead-containing dust/particles and any other designated substance(s) or hazardous material(s) from the Work site when performing Work involving, but not limited to, lead-containing paint, and to protect the Contractor, those engaged by the Contractor in performance of the Work, City employees and all others, including the general public, likely to be at or near the Work site.

5.7 Where the Work includes removal of asbestos, the Contractor shall:

(a) conform to and enforce strict compliance with all applicable laws, statutes, regulations, orders, directives and rulings from any federal, provincial or municipal governmental authority governing workplace safety or asbestos on construction projects and in building and repair operations with respect to the removal of asbestos, air testing and removal of barriers, including without limitation, OHSA Reg. 278/05 (Designated Substance – Asbestos on Construction Projects and in Buildings and Repairs Operations), hereinafter referred to as the “Asbestos Regulation”, as may be amended from time to time;

(b) ensure, through appropriate air testing and such other measures as may be appropriate and necessary, that the Work site and adjacent areas not been contaminated with asbestos during the performance of the Work; and

(c) prior to dismantling any barriers erected to contain asbestos and asbestos-containing materials, the Contractor shall provide written confirmation to the Contract Administrator that, after conducting proper air testing and other due diligence measures, the area is safe in accordance with the requirements of the OHSA.

330 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



5.8 Asbestos

(a) If, during the course of the Work, the Contractor or any of the Subcontractors or suppliers engaged by the Contractor, disturb material that is believed to be asbestos containing material, separate and apart from asbestos abatement work forming part of the Contract, the Contractor shall act in strict compliance with the OHSA, including but not limited to the Asbestos Regulation, and without limiting the generality of the foregoing, shall:

(i) Stop work and evacuate the area where the asbestos containing material is believed to have been disturbed and take all precautions or actions mandated by the OHSA and notify the City immediately;

(ii) Notify the Contract Administrator via telephone, with written notification to follow as soon as possible; and

(iii) Refrain from entering the work area for any reason whatsoever until safe to do so, in accordance with the requirements of the OHSA and, prior to re-entry, notify the Contract Administrator for approval to recommence Work.

(b) The Contractor shall ensure that all employees, including the employees of any Subcontractors, are trained on the City’s asbestos management program (the “Program”) prior to the commencement of the work. The training will include the specific requirements of the Program and the record containing the City’s inventory report, including,

(i) the location of all asbestos containing material described in the record for the work location, including drawings, plans and specifications;

(ii) whether the material is friable or non-friable;

(iii) a description of the condition of the material.

(c) Prior to the commencement of the Work, the Contractor shall confirm to the City in writing that the training described in section 4.8(b) has been completed.

(d) The Contractor shall ensure that all employees, including the employees of any Subcontractors, are trained on the City’s asbestos report prepared in accordance with section 10 of the Asbestos Regulation. The training shall include the specific requirements of the report including,

(i) the location of all asbestos containing material described in the record for the work location, including drawings, plans and specifications;

(ii) whether the material is friable or non-friable;

(iii) a description of the condition of the material.

(e) Prior to the commencement of the work, the Contractor shall confirm to the City in writing that the training described in paragraph 4.8(d) has been completed.

331 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



5.9 The Contractor shall use all reasonable and due care to avoid spilling or disturbing any designated substance(s) or hazardous material(s) of which the City notifies the Contractor are or may be on the site; and shall not remove or interfere with any designated substance(s) or hazardous material(s) except in full compliance with the OHSA and, after notifying the Contract Administrator, being authorized to do so by the Contract Administrator. The Contractor shall, following discovery that any designated substance or hazardous material has been removed or interfered with other than in compliance with this subsection, forthwith report same to the Contract Administrator and ensure that no further such non-complying removal or interference occurs.

5.10 Where the Contractor encounters designated substance(s) or hazardous material(s) at the site or has reasonable grounds to believe that designated substance(s) or hazardous material(s) are or may be present at the site, the Contractor shall take all reasonable steps as deemed necessary to comply with the OHSA, including stopping the Work, to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to or the presence of such substance(s) or material(s), and immediately report the circumstances to the Contract Administrator and any other appropriate authority, in writing. Where there is a delay by reason of so doing, the Contractor shall be entitled to its reasonable costs, to the extent directly incurred by reason of that delay and directly related to designated substance(s) or hazardous material(s) which existed at the site prior to the commencement of the Work which were not disclosed by the City.

5.11 Authorized representatives of the City shall, at all times, have access to the Work site to monitor the Contractor’s compliance with the terms of the Contract.

5.12 During the course of the Work, the Contractor shall furnish forthwith to the City of Toronto Health and Safety Manager, via the Contract Administrator, a copy of all correspondence, reports, compliance orders or charges arising from or issued in respect to the requirements of the OHSA which are received or which come to the notice of the Contractor that apply or are relevant to any of the Work or activities conducted under the terms of the Contract.

5.13 Without limiting any other right, remedy or privilege of the City under this Contract or otherwise provided by law, statute or in equity, where the Contractor has failed to strictly comply with the OHSA or any other health and safety duty, obligation or requirement of the Contractor, whether express or implied, the City shall have the right to:

(a) Require the Contractor to remedy such default, by the removal of any workers from the Work that fail to comply with the OHSA (or any other health and safety plan, policy or program requirement of the Contract) or the taking of such other measures as may be necessary to remedy such default;

(b) Suspend or stop the Work;

(c) Cancel or terminate the Contract; and/or

(d) Exercise any other right, remedy or privilege available to the City for default or breach of this Contract available under the terms of this Contract, or may be available in law, by statute or in equity.

332 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



5.14 In the event that the City exercises the right to suspend or stop the Work or an affected part thereof, as a result of the failure by the Contractor to strictly comply with the OHSA or any other health and safety duty, obligation or requirement of the Contractor, such Work or part thereof shall not resume until any such violation has been completely rectified to the satisfaction of the Contract Administrator.

5.15 The Contractor shall be responsible for any delay in the progress of the Work as a result of any violation of a health and safety requirements of any federal, provincial or municipal governmental authority, it being understood that no such delay shall be deemed or construed as an "Unavoidable Delay" for the purposes of extending the time for performance for the Work or entitling the Contractor to additional compensation whatsoever, and the Contractor shall take all necessary steps to avoid delay in the final completion of the Work without additional cost to the City. The City shall not be responsible for any compensation, expense or liability resulting from any such delay.

5.16 Nothing in this Contract shall be construed as requiring the City to monitor or approve the workplace health and safety practices of the Contractor. The City shall not be liable to any person by reason of a breach by the Contractor or any Subcontractor of any applicable health and safety standard or requirement.

6. Workforce Development Plan

Where required in the Contract Documents, the Contractor shall implement and document the Workforce Development Plan described in section 2-5 to the satisfaction of the City (in its sole discretion).

7. Organization of Work and Work Restrictions Before work commences, the Contractor shall expedite the ordering and delivery of all materials and equipment required, and shall co-ordinate the sequence of the work stages. No claim shall be allowed for delays and/or additional expense resulting from failure to order and accept the delivery of materials from suppliers in a timely manner and subsequent failure to maintain the contract schedule.

It is the Contractor's responsibility to implement all required measures (e.g. fences, enclosures, etc.) in order to strictly control the pedestrian traffic in the construction area and to prevent any pedestrian approaching into the areas of construction hazard, or any other dangerous area.


The Contractor shall note that a number of existing utilities and services are located below the area of reconstruction and others in the near vicinity. The Contractor shall examine the site to identify potential problems associated with the accessibility, transportability and constructability of their proposed methods.

8. Other Contractors The Contractor is advised that existing utility relocation and other work, survey, testing, sampling and quality control estimates may take place within the construction limits prior to and possibly during the work to facilitate the new construction. The Contractor

333 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



shall co-ordinate its activities with those of any particular utility, testing companies, City crew and other contractor working within the project construction limits at a particular work location in order that all work can take place expeditiously and without conflict.

There shall be no consideration for additional payment to the Contractor related to work activity co-ordination as described above.

9. Contractor's Liability The Contractor will be held responsible by the City of Toronto for damages caused by the Contractor's work to utilities, properties, structures near to or in the general area of the Work, through the Contractor's or its Subcontractor's intentional or negligent action or omission, or through settlement of ground, vibration or shock etc., resulting from causes relating to the Work performed under the Contract. Additionally, the Contractor will be required to make good all damage at its expense and to the satisfaction of the Contract Administrator.

10. Construction Survey and Layout If Section 4 – Scope of Work requires the Contractor to perform the survey and layout of the project, the service shall be performed in accordance with GC 3.05, GC 7.02.01 and the Special Specifications in Section 4A of this document. Sub-clauses pertaining to layout by the Owner are not applicable.

The survey and layout shall be performed or supervised by a competent surveyor with a minimum of five years related field experience (the "Surveyor"). The Contractor shall ensure the Surveyor attends a pre-construction meeting and other meetings as requested by the Contract Administrator.

The Contractor shall be responsible for ensuring the Surveyor prepares grade sheets and keeps proper digital records, notes and sketches of the survey and layout. A copy of the records (including but not limited to survey notes and sketches) shall be kept on site and accessible to the Contract Administrator at any time. The grade sheets shall be submitted to the Contract Administrator within 7 calendar days of production.

The Contractor shall produce a set of redlined Contract Drawings ("As-Built Field Record") marked with as-built information of the Project. The As-Built Field Record and all other records produced must be submitted to the Contract Administrator within 60 calendar days of Substantial Performance.

The compensation for the survey and layout shall be based on the lump sum amount for the tender item for the survey and layout identified in the Pricing Form. The lump sum amount for survey and layout shall not exceed 5 per cent of the Total Bid Price in the Pricing Form.

Eighty percent (80%) of the lump sum amount for the survey and layout shall be paid over the duration of the Contract in proportion to the value of the works completed as a percentage of the Total Bid Price. No payment will be made until the grade sheets are received by the Contract Administrator.

Twenty percent (20%) of the lump sum amount for the survey and layout shall be withheld and paid upon receipt and acceptance of the As-built Field Record. Should the Contractor fail to submit the As-built Field Record or if the submitted As-Built Field Record is not satisfactory to the Contract Administrator, this withheld amount may be used by the Contract Administrator to pay for an independent contractor to produce the

334 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



As-built Field Record. If the cost to produce the As-built Field Record by the independent contractor exceeds the withheld amount, the Owner may exercise its right of set off under GC 8.02.03.08 and deduct the additional cost from funds due and payable to the Contractor.

The Contractor must report to the Contract Administrator immediately any conflict, inconsistencies, errors, omissions, and/or discrepancies found between the Contract Drawing(s) and the existing physical conditions. Immediately upon becoming aware of such conflict, inconsistencies, errors, omissions and/or discrepancies, the Contractor shall stop survey and layout work until further directed by the Contract Administrator. The City shall not be responsible for any additional cost or time delay due to a failure of the Contractor or the Contractor's Surveyor to report in a timely manner such conflict or inconsistencies found, or due to a failure to suspend the survey and layout work pending direction from the Contract Administrator.

The Owner may conduct quality assurance verifications of the survey and layout as it deems necessary. The Owner's quality assurance process shall not relieve the Contractor of its responsibilities and obligations under this Contract. Any deficiency, omission or error identified by the Owner in the quality assurance process will be reported to the Contractor within two (2) Working Days. The Contractor shall verify the information provided by the Owner, and make adjustments or corrections where necessary. There shall be no additional compensation or extension of Contract Time for correction of the Contractor's deficiencies, omissions or errors.

Adjustments or corrections to the survey and layout required due to conflicts, inconsistencies, errors, omissions, and/or discrepancies between the Contract Drawing(s) provided by the Owner and the existing physical conditions will be compensated on a Time and Material basis in accordance with GC 8.02.04. This compensation shall be limited to the cost of survey crew only.

If construction survey and layout is not identified as a tender item in the Pricing Form and it is required during construction, or if Changes in the Work result in additional or a reduction in the service, adjustments in compensation shall be made on a Time and Material basis in accordance with GC 8.02.04.

11. Disposal of Surplus Excavated Material and Removals All surplus excavated materials, removals, grindings and all other debris, including that from sewer flushing and catch basin cleaning, shall be disposed of, off site. No separate payment shall be made for the costs associated with this work.

The City will not make arrangements for the disposal of surplus materials or supply bills of lading.

The Contractor shall assume full ownership of the surplus excavated material and shall be solely responsible for its removal and disposal. The Contractor shall indemnify and hold harmless the City and each of its elected officials, officers, employees and agents from and against all claims, demands, actions, suits or proceeding which may arise in connection with the excavated material and the handling and disposal thereof.

The Contractor shall comply with the requirements of all federal, provincial and municipal laws, acts, ordinances, regulations, orders-in-council and bylaws, which could in any way pertain to the work outlined in the Contract.

335 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Stockpiling of excavated material within the City street allowance is not permitted. The Contractor shall dispose of all excavated material off site immediately upon removal. No additional payment will be made for costs incurred as a result of this requirement.

12. Smog Alert Response Plans The Contractor, when notified by the Contract Administrator that the City’s Smog Alert Response Plan has been implemented, shall, where applicable:

• suspend use of oil based products except for roadway line painting required to address safety concerns or to reduce traffic congestion;

• suspend all pesticide spraying;

• suspend grass cutting operations;

• not allow refuelling during daytime hours;

• reduce equipment and vehicle idling as much as practical;

• curtail the use of two-stroke engines as much as practical;

• suspend normal street sweeping of all roadways during daytime hours except where there is an urgent need for clean-up, such as following a special event such as Caribana;

• suspend the operation of loop cutting tar pots; and

• suspend any non-essential planned traffic control device installation or modification work which will require lane closures or require complete deactivation of the traffic control device. Work that is required to address safety concerns or to reduce traffic congestion may continue.

Asphalt paving operations using SS-1 tack coat (water based) may continue.

A Smog Alert may be preceded by a Smog Watch. A Smog Watch is issued when there is a 50 per cent chance that a smog day is coming within the next three (3) days. The Contractor shall not be entitled to any additional payment or extension of Contract Time due to the implementation of the Smog Alert Response Plans.

Notwithstanding the above, if it is necessary and the Contract Administrator ordered the suspension of paving operations, payment and/or extension of the Contract for the suspension of asphalt paving operations shall only be made if notification by the Chief Engineer and Executive Director or General Manager to suspend work is made in less than four hours prior to starting of such operations, and if such suspension has detrimentally impacted on the Contractor's work schedule. The Contractor shall provide supporting documentation identifying the impact and associated fair and reasonable costs in accordance with the General Conditions of Contract section 8.02.07 Records and any delay in accordance with the General Conditions of Contract section 3.07 Extension of Contract Time and section 3.08 Delays.

Payment for this work, at actual costs incurred, shall be made under the appropriate provisional item(s) identified in the Pricing Form and in accordance with the General Conditions of Contract 8.02.04 Payment on a Time and Material Basis with the exception of any mark ups.

13. Security and Construction Signs The Contractor shall be responsible for the security of the work of this Contract from the time the job site is turned over to him until all work has been completed.

336 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



The Contractor shall take all necessary precautions to ensure that the construction site does not pose a hazard to the public for the duration of the project. Appropriate safety and warning signs must be posted. All such site security measures shall be removed from the site at the completion of the project.

The Contractor shall supply a Capital Improvement/Project Information Sign that shall be posted in a prominent area. The specifications for the sign can be found at www.toronto.ca/ecs-standards under Construction Information Sign Specifications.

Project information for the sign, if not specified in this Tender Call, shall be provided by the Contract Administrator. The number of signs required is specified in the Pricing Form.

The costs for providing, installing, removing and disposing the signs shall be included in the Bidder’s Pricing Form submission. No additional separate payment shall be made in connection with the signs.

14. Material and Truck Weighing The City reserves the right to randomly verify the quantity of materials supplied in connection with this Contract. Prior to unloading of materials that are priced on a unit weight basis (“unit weight materials”), the weight tickets must be provided to the Contract Administrator (or in their absence, the City’s inspector). Material weight tickets that are not provided to the Contract Administrator or the City’s inspector prior to unloading will not be accepted later for payment.

When directed by the Contract Administrator or the City’s inspector, trucks carrying unit weight materials shall proceed immediately to a City’s weighing facility as specified by the Contractor Administrator or the inspector. After passing through the City’s weight scale and unloading the materials, the empty truck shall return to the same facility to verify the vehicle tare if so directed by the Contract Administrator or the City’s inspector.

Should the weight verification show that the verified weight of the material is less than what is shown on the Contractor’s weight ticket by more than 1.0 per cent, the payment for the affected load shall be made based on the weight measured by the City’s weighing facility.

City staff will also adjust the method of measurement for all following loads that are not weight-verified but have been delivered to the site before a new weight verification process can prove the Contractor had rectified the weight inconsistency. The weight of the following loads will be adjusted based on an adjustment factor determined from the most recently weight-verified load

The City will not compensate the Contractor for any cost associated with the weight verification process.

15. Noise Regulations The Contractor shall comply with all City noise bylaws. In addition, the Contractor shall ensure the following:

• Equipment shall be maintained in an operating condition that prevents unnecessary noise, including but not limited to proper muffler systems, properly secured components and the lubrication of all moving parts; and

337 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




• Idling of equipment shall be restricted to the minimum necessary for the proper performance of the specified work.

16. Fair Wage and Labour Trades Policy The Contractor and all associated Subcontractors, shall be subject to the City's Fair Wage Policy and Labour Trades Obligations, as adopted by the City from time to time, and any of the City's or legislated labour trades requirements. Failure to comply with this policy and/or these requirements, may lead to termination of the Contract, or termination or rejection of a Subcontractor, as the case may be, with no recourse by the Contractor in respect of such termination or rejection.

The Fair Wage Schedule that is applicable to this Contract is set out in Section 2 – Information for Bidders – of this Tender Call.

17. Liquidated Damages The Contractor recognizes and agrees that the City will suffer financial loss if the Work is not completed within the time specified in this Contract. The Contractor also recognizes the delays, expenses and difficulties involved in proving the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Contractor agrees that as liquidated damages for delay (but not as penalty) the Contractor shall pay to the City the sum of $ 1700 per day as liquidated damages for each and every calendar day’s delay from the specified time for completion of the Work until actual completion of the Work, and it is further expressly acknowledged and agreed by the Contractor that:

(a) this amount is a reasonable estimate of the actual damage that will be incurred by the City due to any failure to complete the Work within the time required by this Contract;

(b) the City may deduct the amount due under this section from any monies that may be due or payable to the Contractor, whether under this Contract or any other agreement; and,the liquidated damages provided for in this section shall be without prejudice to any other remedy to which the City is entitled at law or in equity.

18. Spills Reporting Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1990, c. E.19, as may be amended.

All spills or discharges of liquid, other than accumulated rain water, from luminaries, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCBs and shall forthwith be reported to the Contract Administrator.

This reporting will not relieve the Contractor of its legislated responsibilities regarding such spills or discharges.

338 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



19. Taxes Harmonized Sale Tax (HST) is to be applied to the prices submitted as specified in the relevant sections of the Tender Call document or in the Price Schedule provided in the Tender Call.

HST for the supply and delivery of materials/goods is to be shown as additional/separate line items on the Price Schedule and any subsequent invoices.

20. Insurance This clause is supplementary to clause GC 6.03 of the General Conditions of Contract in Section 5. The limit of Commercial Liability Insurance is $5,000,000 as specified in GC 6.03.02. The limit of Automobile Liability Insurance is $5,000,000 as specified in GC 6.03.02. The limit of Contractor's Pollution Insurance is $2,000,000 for sudden and accidental and gradual pollution occurrences associated with the Work.

21. Co-ordination and Meetings The Contractor shall attend regular meetings with the City of Toronto and others, including but not limited to, Toronto Transit Commission, Bell Canada, Enbridge, Toronto Hydro, and business organizations as may be required by the Contract Administrator to co-ordinate services affected by the Contract and to monitor on-going administration and progress of the contract.

22. Communication Not applicable.

23. Payment Schedule Not applicable.

24. Material Price Adjustment for

Not applicable.

25. Standard Specifications and Standard Drawings The City's Standard Specifications and Standard Drawings that apply to the Work shall be those that can be found on-line at www.toronto.ca/ecs-standards as of the date the tender for the Work is issued.

This Contract may also refer to Ontario Provincial Standards (OPS) specifications and drawings. In such case, Bidders shall acquire the applicable specifications and drawings from OPS. Information about OPS can be found at www.ops.on.ca.

26. Construction Schedule This clause is supplementary to clause GC 7.01.12 of the General Conditions of Contract.

339 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit


http://www.ops.on.ca/



Payments of Contractor’s invoices will not be made prior to the receipt of the required construction schedule satisfactory to the Contract Administrator.

The construction schedule shall be in the form of a Gantt chart in weekly intervals, and shall show, as a minimum, the milestones for each phase and major work items, reflecting the sequence of construction and identifying the critical path.

The Contractor shall update the schedule biweekly, or at a period or frequency agreed to by the Contract Administrator, and provide the updated schedule to the Contract Administrator.

Failure to submit updated construction schedules may result in payments not being made or being delayed.

27. Performance Evaluation The Contractor’s performance will be monitored and evaluated as necessary. Unsatisfactory performance, including failure to rectify defective works as requested by the Contract Administrator throughout the Contract (including Warranty Period), may lead to the Contractor not being awarded for future City contracts.

28. Payroll Burden Rate for Work on a Time and Material Basis Standard Rate (40%)

The Owner will pay the Contractor’s Payroll Burden at a standard 40 per cent of the wages and salary portion of the Cost of Labour for change in the work in the Contract that is carried out on a Time and Material basis.

Option for Contractor’s Actual Payroll Burden Rate

Alternatively, the Owner will consider paying at the Contractor’s actual payroll burden rate. To be considered for this option, the Contractor MUST submit their actual payroll burden rate on the Owner’s prescribed Contractor’s Payroll Burden Form ("Form") prior to the commencement of any work on a Time and Material basis, preferably at the pre-construction meeting.

The Form is available from the Contract Administrator upon request and it shall be completed, certified and signed by the Contractor’s external auditor. The Payroll Burden rate shall be calculated from the total expenditures of wages, salaries and benefits for all of the Contractor's employees paid during the previous 12 month calendar year (i.e. January 1st to December 31st). All permitted expenses in relation to labour costs are included on the prescribed Form.

If accepted, the submitted Form shall be effective until January 31st of the following year and the payroll burden rate will apply to all Time and Material works carried out within the effective period of the Form. If the Contractor fails to submit a signed Form before the commencement of any work on a Time and Material basis, or if the submitted Form is not acceptable to the Owner, the Owner will apply the 40 per cent standard payroll burden rate for all works that are carried out on a Time and Material basis under this Contract until a Form is submitted by the Contractor and accepted by the Owner.

During the Contract period, the Contractor must submit an updated Form by January 31st of a new calendar year. If accepted, the updated Form shall be effective until January 31st of the following year. If the Contractor failed to submit an updated Form or

340 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



the submitted Form is not accepable, the Owner will apply the standard 40 per cent payroll burden rate to all Time and Material works carried out under this Contract until an updated Form is submitted by the Contractor and accepted by the Owner.

The Owner reserves the right to terminate the application of the Contractor’s actual payroll burden rate and apply the standard 40 per cent payroll burden rate if the Form is found to be not accurately completed after its acceptance.

Contractor’s labour rates used in the work based on a Time and Material basis are subject to verification by the City’s Fair Wage Office.

All information in relation to Contractor’s Payroll Burden may be audited at the Owner’s discretion. The Contractor agrees to keep complete and accurate books, payrolls, accounts and employment records and make the records available for audit by the Owner upon request. The Owner reserves the right to recover any overpayment to the Contractor affected by the audit.

29. Traffic Signal and Street Lighting Installations The Ontario Electrical Safety Code requires all “electrical installations”, as defined in Ontario Amendments To The Canadian Electrical Code Part I C22.1-02, be inspected by the Electrical Safety Authority (ESA).

The Contractor shall file an application with the inspection department of the ESA 48 hours prior to the commencement of the work that requires the inspections. Information on inspection requirements and application for inspection can be found at www.esasafe.com/Contractors/ or by calling ESA at 1-877-esa-safe.

The Contractor shall provide an ESA issued “Certificate of Inspection” to the Contract Administrator prior to the Substantial Performance of the Contract.

The inspection fee shall be included in the appropriate bid items.

30. Hot Work and Red Tag Permit Training Not Applicable.

31. Service Standards for Contractors in Responding to Third Party Claims 1. Without limiting the obligations of the Contractor under section 2, the

Contractor, or the Contractor's insurer, shall:

(a) respond to all third party claimants in a timely manner, (b) ensure that third party claimants are provided with accurate information

about the status of their claim, and (c) where appropriate, notify third party claimants of the relevant activity on

their claims and provide them with information.

2. (1) If the Contractor receives notice of a third party claim from a claimant relating to or arising out of the Contract, the Contractor shall immediately forward the notice of claim to the City Clerk's office at [email protected].

(2) Once the Contractor receives notice of a third party claim from the City's

adjuster, relating to or arising out of the Contract, the Contractor, or the Contractor's insurer, shall:

341 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www.esasafe.com/Contractors/




• within 5 Working Days of receiving notice of the claim, send a letter to the claimant acknowledging receipt of the claim and provide the claimant with the contact information of the Contractor's Superintendent, or another person representing the Contractor, to whom the claimant can refer questions regarding the claim.

• conduct an investigation of the claim and make a decision regarding the claim that is based on a proper consideration of the facts.

• within 25 Working Days of receiving notice of the claim, provide the claimant with a letter advising of the results of the investigation and clearly explaining the Contractor's decision regarding the claim or should the contractor require the involvement of their insurance company to resolve the claim, this shall be forwarded to the insurance company and the claimant notified within the allotted time above.

An extension of time for responding to the claimant may be provided in writing by the Contract Administrator, if the Contractor or the Contractor's insurer, in writing, provides the Contract Administrator with a request for an extension as well as the reasons for the extension. In considering whether to provide an extension under this section, the Contract Administrator shall consider the Contractor's, or the Contractor's insurer's, reasons for the request and all of the surrounding circumstances including good customer service standards. Once the Contractor forwards the claim to their respective insurer, the resolution of the claim shall follow the insurance industry standards for claim investigation.

(3) If an extension of time is provided under subsection 2(2), the Contractor, or

the Contractor's insurer, shall write to the claimant advising that the investigation is on-going, advise of the date by which the Contractor or its insurer will report the results of the investigation to the claimant, and explain the reasons why additional time is required to make a decision on the claim.

(4) A copy of all letters sent to the claimant by or on behalf of the Contractor, including letters sent by the Contractor's insurer, pursuant to this section shall be copied to the Contract Administrator, and the City's adjuster.

3. (1) If the Contractor fails to meet any of its obligations under section 1 or 2, the City

shall provide the Contractor with notice that these obligations must be fulfilled.

(2) If the Contractor does not meet its obligations under section 1 or 2 within 5 Working Days from receipt of the notice provided to the Contractor pursuant to subsection 3(1), the City may hold back an amount of $10,000.00 from monies payable to the Contractor under this Agreement.

(3) Subject to its right to exercise any other right of hold back or set-off,

including the City's rights under GC 8.02.03.08, the City will release the monies held back pursuant to subsection 3(2) once it has received evidence that the Contractor has sent the claimant a letter(s) in accordance with subsections 2(2)(a) and (c).

4. Where appropriate, the Contractor shall ensure its insurer takes all of the

appropriate steps to meet the obligations under sections 1 to 3, failing which the Contractor shall be responsible for undertaking these obligations itself.

342 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



5. The Contractor shall provide to the City monthly updates on the status of all third party claims received until claim resolution.

32. Confined Spaces The list of spaces that the City has identified as “confined spaces” as defined under the regulations under the OHSA can be found in Section 4-Scope of Work. This list of confined spaces was developed by the City for its own internal purposes in accordance with requirements related to confined spaces under the OHSA. The City makes no representations or warranties regarding the accuracy or completeness of this list of confined spaces. Without limiting the foregoing, the identification of confined spaces by the City was based on certain conditions that existed at the time the assessment was conducted, which conditions may be different or may change during the course of the performance of the Work under the Contract. The City assumes no liability whatsoever arising out of or in connection with this list of confined spaces or any reliance thereon. The provision of this list of confined spaces in no way limits the Contractor's obligations as employer and, where applicable, as constructor under the OHSA, in particular those obligations with respect to confined spaces. The Contractor, at no additional cost to the City, shall be responsible for making its own assessment as to which spaces are confined spaces at the project site, including any new confined spaces that are created from time to time as construction progresses. Without limiting the foregoing, the Contractor shall not make any claims for delays or extra costs as a result of having to perform its obligations under the OHSA with respect to confined spaces.

The Contractor shall keep available for inspection at the project site every assessment, plan, co-ordination document, training record, entry permit, inspection record, and test record as required under the OHSA. Such documents shall be made available to designated City staff and consultants at the project site in the event that any City staff or consultants wish to enter any confined spaces at the project site for inspection and quality control purposes. The Contractor shall also provide to the Contract Administrator its own list of any confined spaces it has identified at the project site before the Work begins, and shall immediately notify the Contract Administrator in writing of any changes to this list from time to time during the course of the construction, and on completion of the project.

33. Schedule of Prices for Changes in the Work Not applicable.

343 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 6 – Contract Execution Package Tender Call No. 196-2019 Contract No. 19ECS-LU-02FP


Schedul e A Sec tion 6 - C ontrac t Executi on Package

Note: Bidders are not required to complete the following listed documents as part of the Bid

Submissions.

The successful Bidder shall complete these documents upon notification by the City.

Form of Agreement

Form 32, Performance Bond under Section 85.1 of the Act, as prescribed in O.Reg 303/18 of the Construction Act

Form 31, Labour and Material Payment Bond under Section 85.1 of the Act, as prescribed in O.Reg 303/18 of the Construction Act

WSIB & Tax Statutory Declaration

Insurance Certificate

Supplementary Statutory Declaration Form for OHSA (if applicable)

344 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 6 – Contract Execution Package Form of Agreement



Section 6 – C ontrac t Executi on Package – For m of Agreement

THIS CONTRACT, made in triplicate this [ ] day of [ ], 20[ ] B E T W E E N:

[ enter Contractor's Full Legal Name ] (hereinafter called the “Contractor”)

Of The First Part - and -

CITY OF TORONTO

(hereinafter called the “City”) Of The Second Part

WHEREAS the City issued a Tender Call for [ enter project title ] (hereinafter referred to as the “Project”), being Tender Call No. T#, Contract No. C# and further issued [ enter # of addenda issued ] Addenda, with respect thereto; AND WHEREAS the Contractor submitted a Bid dated [ enter date of Bid ] in response to the Tender Call and Addenda, a copy of which is hereto annexed to this Contract and constitutes a part thereof; and Delete the authorization paragraphs that are not applicable AND WHEREAS at its meeting held on [ enter date ], the Public Works and Infrastructure Committee, Item No. [ enter report no. ], adopted the recommendations of the Report of the Chief Engineer and Executive Director of Engineering & Construction Services Division and the Chief Purchasing Officer of Purchasing and Materials Management, dated [ enter date ], and authorized the retention of the Contractor to provide the Work in connection with the Project in accordance with all the terms and conditions of the Tender Call and the Contract Documents (including the Specifications and General Conditions hereto annexed or referred to, and of the Drawings referred to and listed in such Specifications), with payment therefore to be in accordance with the prices set out in this Contract, but not to exceed the total amount of $[ enter amount ] including all taxes and contingencies; or AND WHEREAS at its meeting held on [ enter date ], the Bid Award Panel adopted the recommendations of the Report of the Chief Purchasing Officer, Purchasing and Materials Management, dated [ enter date ], and authorized the retention of the Contractor to provide the Work in connection with the Project in accordance with all the terms and conditions of the Tender Call and the Contract Documents (including the Specifications and General Conditions hereto annexed or referred to, and of the Drawings referred to and listed in such Specifications), with payment therefore to be in accordance with the prices set out in this Contract, but not to exceed the total amount of $[ enter amount ] including all taxes and contingencies; orAND WHEREAS the Chief Purchasing Officer, Purchasing and Materials Management, in accordance with his or her authority under Chapter 195, Purchasing, of the City of Toronto Municipal Code, has authorized the retention of the Contractor to provide the Work in connection with the Project in accordance with all the terms and conditions of the Tender

345 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Call and the Contract Documents (including the Specifications and General Conditions hereto annexed or referred to, and of the Drawings referred to and listed in such Specifications), with payment therefore to be in accordance with the prices set out in this Contract, but not to exceed the total amount of $[ enter amount ] including all taxes and contingencies; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Interpretation

The Interpretation provisions of and definitions contained in the Tender Call are incorporated into and form part of this Contract. In addition to the foregoing, the following terms shall have the meanings herein specified unless the context otherwise specifies or requires:

“City Personnel” means its mayor, elected officials, officers, employees, servants, agents, volunteers and contracted personnel (excluding the Contractor);

“Claims” or “Claim” means any demands, claims, actions, causes of action, suits, proceedings, executions, liens and otherwise for, without limitation, liabilities, damages and loss of any kind and any nature whatsoever including but not limited to property damage or loss, bodily injury and death, loss of reputation, loss of opportunity, economic loss, royalties, judgments, fines, penalties, interest, charges, expenses and costs (including legal costs on a substantial indemnity basis);

“Contract Documents” means all of the following documents:

(a) this Contract between the City and the Contractor, upon execution, including all schedules and amendments thereto;

(b) the Tender Call;

(c) Contractor’s Bid, dated [ enter date ]; and

(d) any other document agreed by the parties, in writing, to constitute one of the Contract Documents;

"Division Head" means Chief Engineer and Executive Director, Engineering & Construction Services Division; “Specifications” means all written or printed descriptions, instructions or parameters within this Contract pertaining to the method and manner of supplying the Work or performing the scope and requirements related to such supply, including those pertaining to the qualities of the Work and includes, without limitation, any other technical, functional and warranty requirements set out in this Contract and includes any Standard Specifications and Special Specifications contained in the Tender Call.

Any reference to a Division Head or an officer or representative of the City shall be construed to mean the person holding that office from time to time and any person holding a successor office, and shall be deemed to include a reference to any person delegated, in accordance with any applicable by-laws and policies of the City, the authority of that Division Head, officer or representative of the City so referenced or otherwise duly authorized as a representative of that person to the extent of such authorization.

A reference to any Act, bylaw, rule or regulation or to a provision thereof shall be deemed to include a reference to any Act, bylaw, rule or regulation or provision enacted in substitution thereof or amendment thereof.

346 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Where there is conflict, inconsistency, ambiguity or incongruity between the interpretation provisions and definitions contained in this Contract and those in the Tender Call, the interpretations and definitions in this section shall apply and prevail to the extent of such conflict, inconsistency, ambiguity or incongruity.

2. Incorporation of Contract Documents

The Contract Documents are incorporated into and form part of this Contract to the same extent, effect and fully as if each of them was set out and specifically repeated in this Contract, even if said documents are not physically attached hereto. The Contractor acknowledges receipt of all Contract Documents. 3. Performance

The Contractor shall execute and perform the whole of the Work with all due expedition and in a thoroughly worker-like manner in all respects in strict accordance with all terms and conditions of the Contract Documents and will maintain and guarantee the Work as provided for in the Contract Documents, all to the entire satisfaction of the Division Head, and that in the execution and performance of the Work the Contractor will carry out, perform, observe, fulfill and abide by all the covenants, agreements, stipulations, provisos and conditions mentioned and contained in the Contract Documents on the part of the Contractor to be carried out, performed, observed and fulfilled.

The Contractor shall furnish all materials, equipment, tools, plant, machinery, labour, and workmanship required for the Work, together with transportation of the same, and all other things necessary for the due and proper execution of the Work in the manner aforesaid and will do all such Work and furnish all such materials according to the directions and to the satisfaction of the Contract Administrator for the Division Head. The Contractor shall proceed with the provision of Work diligently and at a rate of progress that, in the reasonable opinion of the Division Head, will ensure entire completion within the time provided for in the Contract. 4. Payment

If the Contractor shall duly and properly execute and perform this Contract and the Work and shall carry out, perform, observe, fulfill, keep and abide by all the covenants, agreements, stipulations, provisos, terms and conditions herein and in the Contract Documents, the City will pay the Contractor for the Work (exclusive of all Extra Work or Additional Work and subject to any alterations or deductions in Work ordered by the said Division Head in connection therewith) in accordance with the prices set out in the Contractor’s Bid and the terms of payment in the Contract Documents and for such alterations, deductions, Extra Work or Additional Work at the unit rates set out in the Contractor’s Price Form of its Tender or the amounts, as the case may be, stipulated in a written order or written orders of the said Division Head authorizing the Extra Work, Additional Work, alterations or deductions. All such payments shall be made in the manner and subject to the forfeitures and deductions set out in the Contract Documents upon estimates or certificates signed by the said Division Head and subject to the provisions of all applicable by-laws of the City; PROVIDED

(e) that no money shall become due or payable under this Contract unless and until an estimate or certificate therefore shall have been signed as herein provided, the possession of which is hereby made a condition precedent to the right of the Contractor to be paid or to maintain any action for such money or for any part thereof;

(f) that the City shall not be liable or compelled to pay for any Extra Work or Additional Work except in the manner and as provided for herein and in the Contract Documents, or to grant or issue any estimate or certificate for any of the Work or Material rejected as

347 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




unsatisfactory or deficient by the said Division Head or to pay any money therefore until the Work or material so rejected has been replaced by new material and proper workmanship to the written satisfaction of the said Division Head, and

(g) that the granting of any estimate or certificate or the payment of any moneys thereunder shall not be construed as an acceptance by the City of any bad or defective Work or Material to which the same relates, or as an admission of liability by the City to pay any money in respect thereof, and shall not in any manner lessen the liability of the Contractor to replace such Work or Material, although the condition of the same may not have been known to or discovered by the said Division Head at the time such estimate or certificate was granted, or moneys paid thereon.

5. Indemnification

The Contractor agrees that it will from time to time, and at all times hereafter, well and truly save, defend and keep harmless and fully indemnify the City, its City Personnel and successors and assigns of, from and against any and all Claims which may be brought against or made upon the City, its City Personnel and successors and assigns, or any of them, and of, from and against all loss, liability, judgements, costs, charges, damages, liens and expenses which the City, City Personnel and its successors and assigns, or any of them, may sustain, incur or be put to by reason or arising out of or in consequence of the City entering into this Contract, the execution and performance of the Work or the non-execution, or imperfect execution of the Work or the supply or non-supply of plant and Material for the Work, including any injury, loss or damage arising out of or incidental to this Contract, including passage of persons, vehicles and property over any lands of the City, including lands which do not form part of the Contractor’s hoarded construction area. The Contractor further agrees that it will pay to the City and to each such City Personnel and its successors and assigns on demand any loss, costs, damages and expenses which may be sustained, incurred or paid by the City or by any of its City Personnel, successors or assigns in consequence of any such Claim and any moneys paid or payable by the City or any of the City Personnel in settlement or in discharge or on account thereof, PROVIDED that on default of such payment all such last mentioned loss, costs, damages and expenses and all such moneys so paid or payable may be deducted from any moneys of the Contractor then remaining in the possession of the City on account of the Work or from moneys payable by the City to the Contractor on any account whatever or may be recovered from the Contractor or its Surety in any court of competent jurisdiction as moneys paid at their request; and the Contractor hereby authorizes and empowers the City, or its Solicitors for the time being, to defend, settle or compromise any of such actions, suits claims, liens, executions or demands as the City or its said Solicitors may deem expedient, and hereby agrees to ratify and confirm all the acts of the City or its Solicitors in that behalf, and to pay to such Solicitors on demand their reasonable costs of any such defence, settlement and/or compromise, and that in default of such payment the same may be deducted from any moneys payable by the City to the Contractor; PROVIDED, HOWEVER, that the Contractor at the expense of the Contractor may take charge of and conduct the defence in the name of the City to any such action, suit, claim, lien, execution or demand. 6. Insurance, OHSA and WSIB Compliance

The Contractor shall comply with all of the insurance, Ontario Health and Safety Act and Workplace Safety and Insurance Board provisions of this Contract and legislative requirements, as applicable, prior to the commencement of Work. The Contractor shall bear all costs, expenses, losses and damages of its own and those of the City which may arise as a result of the Contractor failing to or delaying in promptly complying with this condition.

348 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




7. City Policies, Declarations and Forms

The Contractor shall comply with all City policies, contained in the Contract Documents, and acknowledges execution of the applicable declarations and forms attached thereto. The Contractor represents and warrants that it is in compliance with all such policies and acknowledges that the City is relying on such representation and warranty. 8. Non-Waiver

No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Contractor at any time or times in respect of any provision herein contained shall operate as a waiver of the City's right hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City herein in respect of any such continuing or subsequent default or breach. No waiver shall be inferred from or implied by anything done or omitted by the City save only by express waiver in writing. 9. Contract in Writing

No verbal arrangement or agreement, relating to the Work will be of any force or effect unless it is in writing and signed by duly authorized representative of the City. The City shall not be bound by any oral communication or representation whatsoever, including but not limited to any instruction, amendment or clarification of this Contract or any of the Contract Documents, or any representation, information, advice, inference or suggestion, from any person (including but not limited to an elected official, employee, agent, independent contractor or any other person acting on the behalf of or at the direction of the City or other representative of the City) concerning this Contract, the Contract Documents, or any other matter concerning the Contract or Work. Where in this Contract a reference is made to the express written agreement, approval or consent of the City or the Division Head, it shall be understood that the City or Division Head shall not be deemed or construed to have agreed to any stipulation, specification, exclusion, limitation or other term or condition that deviates from a provision set out in any of the Contract Documents, unless that deviation is expressly confirmed in the executed Contract or in a written and express amendment to this Contract. 10. Entire Contract

This Contract, including the Contract Documents, embodies and constitutes the sole and entire agreement between the parties hereto. There are no terms, obligations, covenants or conditions between the parties hereto, other than as contained herein. No alteration, amendment or modification hereof shall be valid unless executed by an instrument in writing by the parties. Neither this Contract, nor any term hereof, can be changed, modified or abandoned, in whole or in part, except by such instrument in writing, and no subsequent oral agreement shall have any validity whatsoever. The Contract Documents are complementary and what is required by any part thereof shall be considered as being required by the whole. 11. Successors and Assigns This Contract and all terms, covenants, conditions and provisions herein shall be binding upon and shall ensure to the benefit of the City and the Contractor and their respective permitted assigns, successors and legal representatives.

The Contractor shall not assign, transfer or encumber in any manner or part this Contract without the prior written consent of the City, which consent shall not be unreasonably withheld. The Contractor shall not sub-contract this Contract or change any approved Subcontractor without the prior written consent of the City. No assignment or sub-contracting

349 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




shall, in any circumstances, relieve the Contractor of its responsibilities, obligations and liabilities under this Contract.

12. Set-Off

The City shall have the right to satisfy any amount from time to time owing by it to the Contractor by way of a set-off against any amount from time to time owing by the Contractor to the City, including but not limited to any amount owing to the City pursuant to the Contractor’s indemnification of the City in the Contract. 13. Precedence In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following order:

• this Form of Agreement; • Addenda; • Pricing Form, which forms part of the Bid; • Special Specifications; • Contract Drawings; • Scope of Work • Standard Specifications; • Specific Conditions; • General Conditions; • Working Drawings;

Later dates shall govern within each of the above categories of documents.

350 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




IN WITNESS WHEREOF the Contractor and the City of Toronto have hereunto affixed their respective corporate seals attested to by the hands of their respective proper officers in that behalf duly authorized. SIGNED, SEALED ) [ Contractor's Full Legal Name ] AND DELIVERED ) ) ) ) Name - ) Title - ) ) ) Name - ) Title - ) ) I/We have the authority to bind the corporation. ) ) CITY OF TORONTO ) ) )

) City Clerk ) )

) ) Chief Engineer and Executive Director, ) Engineering & Construction Services

APPROVED AS TO FORM

Confirmed by Division Head: Delete this line and the Alternate Wording that is not applicable ----- Alternate Wording # 1 ----- Authorized by Division Head pursuant to Municipal Code Chapters 71 and 195.

------ Alternate Wording # 2 ------ Authorized by Minute No. [ENTER #] of the Bid Award Panel on the ______ day of ______________.

------ Alternate Wording # 3 ------ Authorized by name of standing Committee, Item No. [ENTER #], as adopted by City of Toronto Council on

the ______ day of _________________.

351 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 6 – Contract Execution Package Performance Bond



Section 6 – C ontrac t Executi on Package – Perfor mance Bond

Successful Proponent is to provide Form 32, Performance Bond under Section 85.1 of the Act, as prescribed in O.Reg 303/18 of the Construction Act.

Form 32 is available for download at http://ontariocourtforms.on.ca/en/construction-lien-act-forms/

352 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://ontariocourtforms.on.ca/en/construction-lien-act-forms/


Section 6 – Contract Execution Package Labour and Material Payment Bond



Section 6 – C ontrac t Executi on Package – Labour and M ateri al Bond

Successful Proponent is to provide Form 31, Labour and Material Payment Bond under Section 85.1 of the Act, as prescribed in O.Reg 303/18 of the Construction Act.

Form 31 is available for download at http://ontariocourtforms.on.ca/en/construction-lien-act-forms/

353 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



Section 6 – Contract Execution Package WSIB & Tax Statutory Declaration Form



Section 6 – C ontrac t Executi on Package - WSIB & Tax Statutor y D eclar ation For m

CANADA, ) IN THE MATTER OF the annexed Agreement PROVINCE OF ONTARIO, ) made between JUDICIAL DISTRICT OF YORK ) ) ) ) – and – ) ) CITY OF TORONTO ) ) this day of , 20 . ) with respect to ) I, , of the CITY / TOWN / VILLAGE of in the Province of , do solemnly declare as follows: 1. I am of

(If an incorporated Company, state "President", (Company Name) “Secretary”, or as the case may be) referred to above (hereinafter called “the Contractor”), and as such have knowledge

of the matters hereinafter declared to. 2. The Contractor has paid all assessment or compensation payable to the Workplace

Safety and Insurance Board as provided for in the article of the General Conditions entitled “Certification and Payment”, attached to the said Agreement.

3. The Contractor has paid all taxes and/or penalties imposed on it by the Corporation

Tax Act, R.S.O. 1990, c. C.40, as may be amended. AND I MAKE this solemn Declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. DECLARED before me at } } the of } } in the Province of Ontario } } this day } Signing Officer of Company } of 20 } A Commissioner, etc.

354 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

33-0003 2014-02 1 of 2

Certificate of Insurance Linear Infrastructure and General Construction

To be completed only by the insurer or by its representative.

Name of Insured:

Address and Telephone Number of Insured:

City of Toronto Contact Name, Address, and Telephone Number:

Provide City of Toronto contract number or specific project information referencing the agreement:

1. Commercial General Liability – Deductible $ _________________________

Insuring Company Policy Number ($ per occurrence) Effective Date (yyyy-mm-dd)

Expiry Date (yyyy-mm-dd)

Primary Insurer:

Umbrella/Excess Insurer:

Contractor's Pollution Liability, Sudden and Accidental and Gradual, if applicable

Policy Limit(s)

Commercial General Liability policy provisions:

a) The CITY OF TORONTO, ITS BOARDS, AGENCIEAND CONTRACT ADMINISTRATOR are included

S, COMMISSIONS OR SUBSIDIARY OPERATIONS, AS APPLICABLE, as Additional Insureds but only with respect to liability arising out of the

operations of the Insured for which a contract or proposal is issued by the City of Toronto.

b) The policy includes a Cross-Liability and Severability of Interest, Blanket Form Contractual Liability, Owner’s and Contractor’s Protective Liability, Broad Form Property Damage, Contingent and/or Employer’s Liability, Non-Owned Automobile Liability, Products/Completed Operations and any other provision relevant to the contract work. If applicable to the insured operations, coverage for Blasting, Pile Driving and Collapse.

c) The Commercial General Liability Policy(ies) identified above shall apply as primary insurance and not excess to any other insurance available to the City.

d) If cancelled during the period of coverage as stated herein, thirty (30) days, (fifteen (15) days if cancellation is due to non-payment of premium), prior written notice by registered mail will be given by the Insurer(s) to the CITY OF TORONTO at the address provided on this Certificate.

355 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www.toronto.ca/311/

http://www.toronto.ca/

llau

Typewritten Text

Applicable to Auto Coverage

33-0003 2014-02 2 of 2

Certificate of Insurance Linear Infrastructure and General Construction

2. Automobile Liability, if applicable - Deductible - $______________________________

Insuring Company Policy Number Policy Limit(s)

($) Effective Date (yyyy-mm-dd)


3. All-Risk Property - Deductible – $__

Contractor's Tools & Equipment and Materials & Supplies in an amount to reflect the replacement cost, as applicable. Policy includes a Waiver of Subrogation Clause in favour of the City.

___________________________________

Insuring Company Policy Number All-Risk Property Limit(s)

Effective Date (yyyy-mm-dd)


CERTIFICATION I certify that the insurance is in effect as stated in this Certificate and that I have authorization to issue this Certificate for and on behalf of the Insurer(s). This Certificate is valid until the expiration date(s) stated in the “Expiry Date” provision, unless notice is given in writing in accordance with the provision of this Certificate.

Date

Broker’s or Insurer’s Name and Address

Signature and Stamp of Certifying Official

356 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 6 – Contract Execution Package Supplementary Statutory Declaration Form for OHSA with Asbestos

Abatement Training Tender Call No. 196-2019 Contract No. 19ECS-LU-02FP


Section 6 – C ontrac t Executi on Package - Suppl ementar y Statutor y Decl aration For m for Occupational H ealth and Safety

DOMINION OF CANADA } IN THE MATTER of a proposed Contract for } PROVINCE OF ONTARIO } } JUDICIAL DISTRICT } } OF YORK; } } TO WIT: } Contract No.

as hereinbefore described on the first page of the Tender.

I/we

of the city / town / village of

in the province of do solemnly declare as follows:

IF AN INDIVIDUAL STRIKE OUT "OF"

1. I am (If an incorporated Company, state "President", “Secretary”, or as the case may be) of (State Firm Name)

the Contractor herein.

IF AN INDIVIDUAL CARRYING ON A BUSINESS UNDER A FIRM NAME, USE THIS PARAGRAPH

I am the Contractor herein contracted to carry out the work under Contract No. and I carry on business at

under the name of

and (State Firm Name)

there is no other person associated with me in partnership.

IF A PARTNERSHIP, USE THIS PARAGRAPH

We are the Contractors contracted to carry out the work under Contract No. and we carry on business at

in partnership, under the name of

and (State Firm Name)

we are the only members of such partnership.

2. I/we have a health and safety policy and a programme to implement such policy as

357 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




required by clause 25 (2) (j) of the Occupational Health and Safety Act. R.S.O., 1990, c. o.1, as may be amended (hereinafter “OHSA”), and the said policy does not conflict with the health and safety policy of the City of Toronto.

3. With respect to the goods and services contemplated in the above Contract, the Contractor and its proposed Subcontractors

a) Have conducted training, for all personnel to be involved in providing such goods and services (including but not limited to employees and workers as well as the employees and workers of all sub-contractors), as required by the OHSA and all regulations thereunder, including those with respect to the workplace hazardous materials information system, industrial establishments, construction projects, confined spaces and designated substances.

b) Have put into effect all programmes relating to designated substances as required by the regulations under the OHSA.

c) Have put into effect all programs and plans related to confined spaces as required by the regulations under the OHSA.

4.(a) Without limiting the generality of the foregoing, the Contractor’s supervisors have received, in addition to the training set out in 3(a), a program of Asbestos Management Training which meets the requirements of Ontario Regulation 278/05 (Designated Substances – Asbestos on Construction Projects and in Buildings and Repair Operations) and which includes the matters set out in Appendix “B”.

4.(b) Without limiting the generality of the foregoing, the Contractor has provided to its supervisors and all personnel (including but not limited to employees and workers as well as the employees and workers of all sub-contractors) training with respect to Asbestos Abatement which meets the requirements of Ontario Regulation 278/05 (Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations) and which includes the matters set out in Appendix “A”. effective November 1, 2007, and in accordance with section 20 of Ontario Regulation 278/05, for type 3 operations, supervisors and personnel (including but not limited to employees and workers as well as the employees and workers of all sub-contractors) have completed the Asbestos Abatement Worker Training program approved by the Ministry of Training Colleges and Universities.

5. I am/we are each of the full age of twenty-one years or over.

And I/we make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of “the Canada Evidence Act”.

SEVERALLY DECLARED before me at the }

} of in }

358 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




the Province of Ontario } } this day } Signing Officer of Company } of 20 } A Commissioner, etc.

359 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Appendix “A”

“ASBESTOS ABATEMENT TRAINING”

10. history of asbestos and asbestos-containing materials; 11. the hazards of asbestos; 12. health effects associated with asbestos exposure; 13. methods of controlling asbestos hazards; 14. review of Ontario’s Occupational Health and Safety Act and Regulation (278/05)

pertaining to asbestos; 15. reasons for abatement; 16. Type 1, Type 2 and Type 3 abatement methods and procedures; 17. notification of project procedures; 18. use and maintenance of personal protective equipment; 19. air monitoring and analysis procedures; 20. asbestos disposal requirements; 21. overview of asbestos products in switch gears, roof felts and underground tanks; 22. owner’s and employer’s responsibilities; 23. employee’s responsibilities; 24. consultant roles and responsibilities; 25. contractor roles and responsibilities; 26. access procedures for areas containing asbestos 27. procedure regarding unplanned asbestos identification; 28. use of air monitoring/testing equipment; 29. use of respirators; 30. use of disposable clothing; 31. construction of enclosure with decontamination facility (exhaust unit, worker

access, airlocks, etc.) including a transfer room and clean room; 32. use of air movement and filtration system; 33. use of vacuum system (HEPA); 34. use of hand tools, cleaning tools; 35. use of poly sheeting, bags, labels and tape; 36. use of warning signs; 37. use of surfactants and encapsulents; and 38. use of airless electric sprayer.

Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

360 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit




Appendix “B”

“ASBESTOS MANAGEMENT TRAINING” - Occupational Health and Safety Act and Regulations and Ontario Regulation 278/05

regarding Asbestos - Identification of health hazards - Legislated employer duties - Responsibilities of Workers - Legislated constructor duties - Legislated Asbestos Management Plans - Ongoing Asbestos Management in Buildings, O Reg 278/05 - Asbestos Records - Asbestos Management Program - Building Surveys - Control considerations including management plan, encapsulation / encasement,

enclosure, removal - Asbestos Waste Disposal - Environmental Protection Act

Ontario Regulation 347 - Packaging Waste - Transporting Asbestos - Legislation Requirements - General Respirator Limitations - Types of Respirators - Parts of a Respirator - Visual Inspection - Fit Checks - Particulate Filters - General Guidelines for Abatement Activities - Classifying Activities - Work Procedures – Type 1, Type 2 and Type 3 abatement methods and procedures Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

361 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 7 – City Policies Tender Call No. 196-2019 Contract No. 19ECS-LU-02FP


Section 7 – City Policies

SECTION 7 – CITY POLICIES

362 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 7 – City Policies Tender Call No. 196-2019 Contract No. 19ECS-LU-02FP


For a copy of the City of Toronto Procurement Policies, download a copy of the policy by clicking any of the links as provided below or by visiting the following website https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/

1. Fair Wage Policy*

*Fair Wage Policy – (extracted from Schedule A of the City of Toronto Municipal Code, Chapter 67) FW R (10/07). The policy and schedules are available on the Fair Wage Office website: www.toronto.ca/fairwage .

2. Labour Trades Contractual Obligations In The Construction Industry*

Labour Trades Contractual Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67)

3. Accessiblity Standards For Customer Service Training Requirements

4. Social Procurement Program

5. Right to Reject Debtors and Set Off Policy

6. Tree Protection Policy and Specifications for Construction Near Trees

7. Contractor Performance Evaluation Form

363 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit



https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/fair-wage-office-policy/fair-wage-policy/

http://www.toronto.ca/fairwage

https://www.toronto.ca/legdocs/municode/1184_067_b.pdf

https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-process/purchasing-policies-legislation/accessible-customer-service-training-requirements/

https://www.toronto.ca/business-economy/doing-business-with-the-city/social-procurement-program/

https://www.toronto.ca/wp-content/uploads/2017/08/85cf-right_toreject08.pdf

https://www.toronto.ca/data/parks/pdf/trees/tree-protection-specs.pdf

https://www.toronto.ca/business-economy/doing-business-with-the-city/follow-up-on-city-contracts/contractor-performance-evaluation-cpe-form/

Fair Wage Policy

Note: This policy is extracted from Schedule A of the City of Toronto Municipal Code, Chapter 67.

A1. DefinitionsAs used in this Fair Wage Policy, the following terms have the meaning indicated:

APPRENTICE – An individual who has entered into a registered training agreement under which theindividual is to receive workplace-based training in a trade, other occupations or skill set as part ofan apprenticeship program approved by the Ontario Ministry of Training, Colleges and Universities.

APPRENTICESHIP PROGRAM – A program recognized by Ontario Ministry of Training, Colleges andUniversities which provides for the qualification, recruitment, selection, employment, and training onthe job. Apprenticeship and training leads to Ontario Certification of Qualification andApprenticeship for Journeyperson status, which is recognized by employer and employeerepresentatives of industry.

CONTRACT – A legal, business agreement between the City of Toronto and the contractor toperform work or services or to provide materials and supplies.

CONTRACTORS – Any person or business entity with whom the City enters into a contract with toperform the work or provide services.

FAIR WAGE SCHEDULE – Stipulated rates of pay for different classifications of work produced andobtainable from the Fair Wage and Labour Trades Office.

FIELD WORK – All work in performance of the contract that is not shop work.

FRINGE BENEFITS – Includes such benefits as company pension plans, extended health carebenefits, dental and prescription plans, etc. It does not include legislated payroll deductions such asC.P.P., E.H.T., W.S.I.B. or E.I.C.

NON-COMPLIANCE – The occurrence of any of the following conditions:

Contractor fails to co-operate with the Manager, Fair Wage Office in fulfilling his/herresponsibilities under the Fair Wage Policy and the Labour Trades Contractual Obligations inthe Construction Industry.Sub-contractor fails to co-operate with the Manager, Fair Wage Office in fulfilling his/herresponsibilities under the Fair Wage Policy and the Labour Trades Contractual Obligations inthe Construction Industry.Contractor or sub-contractor has been found in violation of the Fair Wage Policy (non-compliance applies to both contractor and sub-contractor.

364 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Contractor has been found in violation of the Labour Trades Contractual Obligations in theConstruction Industry.Sub-contractor has been found in violation of the Labour Trades Contractual Obligations in theConstruction Industry.

PROCUREMENT CALL DOCUMENT – Includes a Tender, Request for Quotations and a Request forProposals as issued by the Purchasing and Materials Management Division, and as defined inChapter 195 of the Toronto Municipal Code.

SHOP WORK – Any work in performance of the contract that is done in or at any factory, foundry,shop or place of manufacture not located at or upon the site of the work, and not operated solely forthe purpose of the work.

SUB-CONTRACTOR – Any person or business entity not contracting with or employed directly by theCity but who supplies services or materials to the improvement under an agreement with thecontractor or under the contract with another sub-contractor.

WAGES or RATE OF WAGES – Includes the hourly rate, vacation and holiday pay and any applicableamount for fringe benefits shown in the current Fair Wage Schedule, to be paid to the worker as partof the worker’s wages or for the worker’s benefit provided for in any collective agreement applicableto that worker.

WORKERS – Includes mechanics, workers, labourers, owners and drivers of a truck or other vehicleemployed in the execution of the contract by the contractor or by any sub-contractor under them andclerical staff.

A2. City of Toronto Council references1. City of Toronto Council, by the adoption of Corporate Services Committee Report 13, Clause 1,

as amended, at its meeting of October 1 and 2, 1998, directed that the Fair Wage Policy of theformer Municipality of Metropolitan Toronto be adopted for all City departments, agencies,boards and commissions and replace all existing fair wage policies of the former localmunicipalities.

2. City of Toronto Council, by the adoption of Administration Committee Report 7, Clause 1, asamended, at its meeting of June 18, 19 and 20, 2002, directed that certain changes be made tothe Fair Wage Policy and Procedures.

3. City of Toronto Council, by the adoption of Administration Committee Report 5, Clause 2, at itsmeeting of June 24, 25 and 26, 2003, directed that certain further changes be made to the FairWage Policy and Procedures, and to the Fair Wage Rate Schedule.

4. City of Toronto Council, by the adoption of Government Management Committee Item 8.9, atits meeting of October 22 and 23, 2007, directed that certain changes be made to the FairWage Policy.

A3. Purpose and history of Fair Wage Policy1. The Fair Wage Policy has as a central principle the prohibition of the City doing business with

contractors, sub-contractors and suppliers who discriminate against their workers.365 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

2. Originally implemented in 1893 to ensure that contractors for the City paid their workers theunion rates or, for non-union workers, the prevailing wages and benefits in their field, the FairWage Policy has expanded over the years to other non-construction classifications such asclerical workers.

3. The policy also requires compliance with acceptable number of working hours and conditionsof work in order to protect the rights of workers.

A4. Intent of Fair Wage PolicyThe intent of the Fair Wage Policy can be summarized as follows:

1. To produce stable labour relations with minimal disruption2. To compromise between the wage differentials of organized and unorganized labour3. To create a level playing field in competitions for City work4. To protect the public5. To enhance the reputation of the City for ethical and fair business dealings

A5. Application1. The provisions of the Fair Wage Policy apply equally to contractors and all sub-contractors

engaged in work for the City of Toronto. It is understood that contractors cannot sub-contractwork to any sub-contractor at a rate lower that called for in the Fair Wage Policy.

2. The fair wage rates do not apply to small businesses, typically those with owner-operators, orpartnerships, or principals of companies as long as they undertake the work themselves.

3. It should be noted that under the above City of Toronto Council reference authorities, theconditions of the Fair Wage Policy cannot be waived, unless authorized by Council to do so.

A6. Establishment of rates1. Establishing fair wage rates and schedules are intended to minimize potential conflicts

between organized and unorganized labour in the tendering and awarding of City contracts.2. Certain designated construction-related rates are based on the lowest rate established by

collective bargaining, while the wage rates for other classifications are based on market andindustrial surveys in accordance with the prevailing wages for non-union workers in thegeographic area.

3. The City encourages contractors to hire and train apprentices under approved apprenticeshipprograms. Apprentices/trainees will be assessed based on Provincial QualificationApprenticeship Certification Criteria.

4. Fair wage rates, including rates for apprentices, are established through discussion betweenthe Fair Wage Office and with employee and employer groups and associations (having bothunion and non-union members). This discussion will also include appropriate apprenticeshipprograms for construction-related trades.

5. The proper wage rates to be paid to apprentices/trainees are those specified by a particularindustry program in which they are enrolled, expressed as a percentage of the journeyman rateon the wage determination. In the event employees reported as apprentices and trainees have

366 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

not been properly registered, or are utilized at the jobsite in excess of the ratio of journeymenpermitted under the approved program, they must be paid the applicable schedule of wagerate. The Manager, Fair Wage Office may assess established employee work history as todetermine the appropriate apprentice/trainee level.

6. These rates are reviewed by the above-noted groups and are recommended to Council, by theManager, Fair Wage Office for approval every three years.

A7. Contractor and sub-contractor responsibilities1. Contractors will be responsible for any violations or non-compliance issues arising from the

engagement of any sub-contractor on City work.2. The contractor or sub-contractor shall pay or cause to be paid weekly or biweekly to every

worker employed in the execution of the contract wages at the following rates, namely:For workers employed in shop work:

The union rate of wages in the particular district or locality in which the work isundertaken for any class or work in respect of which there is such union rate; andFor any class of work for which there is no such union rate, the rate of wages shallbe the rate of wages, as determined by the Manager, Fair Wage Office prevailing inthe particular district or locality in which the work is undertaken.

For workers employed in field work:Where the contractor or sub-contractor is in contractual relationship with a unionrecognized by the Ontario Labour Relations Board as the bargaining agent for therelevant workers, the applicable rate of wages set out in the collective agreement;andWhere there is no such contractual relationship, a rate not less than that set out forsuch work in the Schedule of Wage Rates files by the Manager, Fair Wage Office,with the City Clerk of the corporation after being first approved by Toronto Council;andFor any class of work for which there is no rate, the rate of wages shall be the rateof wages, as determined by the Manager, Fair Wage Office, prevailing in theparticular district or locality in which the work is undertaken.

3. The contractor and sub-contractor shall:At all times keep a list of the names and classifications of all workers employed in thework, the hourly rate and hours worked per day and a record of the amounts paid toeach.From time to time, if demanded by the Manager, Fair Wage Office, furnish a certified copyof all paysheets, lists, records and books relating to the work and keep the originalsthereof open at all times for examination by the Manager.At all times furnish and disclose to the said manager any other information respectingwages of workers that may be desired by the manger in connection with the work.Attach to all accounts rendered for payment of money upon the contract, a declarationaffirming that the requirements of the Fair Wage Policy have been fully complied with.Display legible copies of this Fair Wage Policy in a prominent position in his or herworkshop(s), accessible to all employees.

367 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

4. The contractor or sub-contractor shall not compel or permit any worker engaged for the workto work more than the number of hours per day and the number of hours per week set out inthe Fair Wage Schedule for the particular type of work involved except in case of emergency,and then only with the written permission of the commissioner or head of thedepartment/division having charge of the work or the person then acting as such.

A8. Responsibilities of Manager, Fair Wage Office1. To fulfil the duties of the Manager, as set out in Chapter 67 of the Toronto Municipal Code, 67-

A3.2. In every procurement call to which the Fair Wage Policy applies, the Manager, Fair Wage Office,

will determine the applicable Fair Wage Schedules for the work requested in the procurementcall, or whether unionized workers need to be utilized for the work requested in theprocurement call as per Chapter 67 Schedule B Labour Trades Contractual Obligations in theconstruction industry.

3. Once the applicable Fair Wage Schedule is determined for a specific procurement call, theManager, Fair Wage Office will provide a copy of the Fair Wage Schedule to Purchasing andMaterials Management Division to insert into the procurement document, before theprocurement documentation is issued.

4. In case of a jurisdictional dispute or dispute as to rate of wages to be paid under the contractor as to the amount to be paid to any worker or apprentice, the decision of the Manager, FairWage Office, shall be final and binding upon all parties.

5. After the procurement call closes, the Manager, Fair Wage Office, at the request of Purchasingand Materials Management Division, will send a fair wage declaration form to the three lowestbidders, to determine if the bidder will comply with the fair wage policy and fair wageschedule.

A9. Penalty provisions1. If the contractor or sub-contractor fails to pay any worker wages at the rate called for in

Chapter 67-A7, the City may:Charge an administrative fee not in excess of 15 per cent of the balance necessary tomake up the amount that should have been paid from the contractor’s progress draw orholdback; andPay the worker(s) directly for any back-wages owing directly from the contractor’sprogress draw or holdback.

2. If a tenderer or bidder is found not to comply with the Fair Wage Policy, the Manager mayrecommend the next lowest bidder for contract aware to Purchasing and MaterialsManagement Division in the following circumstances:

On the declaration form discussed in Chapter 67-A8E, a contractor or sub-contractordoes not meet the Fair Wage Schedules.An investigation is underway and the firm does not co-operate in providing timelyinformation within 5 business days after being requested by the Manager, Fair WageOffice in fulfilling his or her responsibilities under the Fair Wage Policy and the Labour

368 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Trades Contractual Obligations in the Construction Industry and, operationally, theprovision of goods and/or services cannot be delayed.A contractor or sub-contractor is in violation of the Fair Wage Policy and has not paidrestitution to its workers.A contractor or sub-contractor is unable to comply with the City of Toronto LabourTrades Contractual Obligations in the Construction Industry.

A10. Disqualification provisions1. When a contractor or any sub-contractor is found to be in non-compliance with the provisions

of the Fair Wage Policy in two separate instances over a period of three years inclusive, theManager, Fair Wage Office must report and may recommend to the Government ManagementCommittee that the said contractor or sub-contractor be disqualified from conductingbusiness with the City for a period of two years, inclusive.

2. The disqualification period will start from the day of the decision of Council.3. After the disqualifying period is over, the said contractor or sub-contractor will be placed on

probation for the next year. If another non-compliance violation occurs, the Manager, FairWage Office must report and may recommend to the Government Management Committeethat the said contractor or sub-contractor be disqualified from conducting business with theCity for an indefinite period of time.

4. All non-compliance activities (including firm names) and disqualification statistics will bereported to Council annually. Disqualified firms (https://www.toronto.ca/business-economy/doing-business-with-the-city/search-bid-on-city-contracts/suspended-disqualified-firms/) will be published on the City’s website.

369 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

https://www.toronto.ca/business-economy/doing-business-with-the-city/search-bid-on-city-contracts/suspended-disqualified-firms/

Corporate Services

Fair Wage Office 100 Queen Street West City Hall, 18th Floor, West Toronto, Ontario M5H 2N2

Tel: 416-392-7300 - General Enquiry 416-392-FAIR - Complaints Hotline Fax: 416-392-0801 E-mail: [email protected] Web: www.toronto.ca/fairwage

Labour Trades Contractual Obligations in the Construction Industry* B1. Legislative Applicability of Labour Trades Obligations.

The mandatory Labour Trades provisions for municipalities bound by province-wide collective agreements are separate from Fair Wage Policy established, monitored and enforced by the City. Central to any understanding of municipal obligations to Labour Trades, is that the City has no discretion in setting wage rates or in using union labour for certain trades performing Work for the City. This is by virtue of the Province-wide collective agreements applicable to trades in the Industrial, Commercial and Institutional (ICI) and Residential sectors and other negotiated collective agreements in other sectors of the construction industry.

The Province-wide collective agreements are binding on all employers in the sector. The former City of Toronto was first considered an “employer” when the relevant unions obtained bargaining rights beginning in 1978. As a result, subject to the jurisdiction of the collective agreements, union workers must be used for contracted-out Work. The use of union sub-contractors for municipal building projects is also required in most cases.

B2. Current Labour Trades Contractual Obligations in the Construction Industry.

A. The City of Toronto is bound by the current province-wide collective agreements with respect to the Industrial, Commercial and Institutional sectors of the construction industry between:

(1) The Carpenters’ Employer Bargaining Agency and the Ontario Provincial Council, United Brotherhood of Carpenters and Joiners of America.

(2) The Mechanical Contractors Association of Ontario and the Ontario Pipe Trades Council of the United Association of Journey-men and Apprentices of the Plumbing and Pipe-Fitting Industry of the United States and Canada.

(3) The Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and The International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario.

(4) The International Union of Bricklayers and Allied Craftsmen and the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen, and The Masonry Industry Employers Council of Ontario.

(5) The International Association of Heat and Frost Insulators and Asbestos Workers and The Master

Insulators’ Association of Ontario Inc. (6) The International Brotherhood of Painters and Allied Trades and The Ontario Painting Contractors

Association.

(7) The Ontario Glazier Agreement between The Architectural Glass and Metal Contractors Association and The International Brotherhood of Painters and Allied Trades; and

(8) The Environmental Sheet Metal Association Toronto and the Sheet Metal Workers’ International

Association and the Ontario Sheet Metal Workers’ Conference. (9) The Ontario Erectors Association Incorporated, and the International Association of Bridge,

Structural, Ornamental and Reinforcing Iron Workers and the Ironworkers District Council of Ontario

Labour Trades Contractual Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67)

FW R (02/06) Page 1 of 2 370 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

B. Exhibition Place is bound;

(1) By collective agreements in all sectors of the construction industry between:

(a) The Carpenters’ Employer Bargaining Agency and The Ontario Provincial Council, United Brotherhood of Carpenters and Joiners of America.

(b) The Mechanical Contractors Association of Ontario and The Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada.

(c) The Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and The International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario; and

(2) By Letters of Understanding between the Board and, respectively, Local 506 of the Labourers International Union of North America and The International Brotherhood of Painters and Allied Trades.

C. Any non-maintenance part(s) of the Work that is the work of Union members for whom the said Council, Brotherhood, Association or Local is the collective representative under the provisions of any one of the said collective agreements or the said Letters shall in each case be performed only by an employer owing contractual obligations to such representative, unless such obligations do not prohibit performance of such part(s) of the Work by others.

B3. Guidelines for Prospective Bidders.

This summary is an overview of the current status of trades’ certifications and the relevant construction sectors for which firms and workers with the appropriate union affiliations must be used when performing the following Work for the City of Toronto and Exhibition Place.

City of Toronto Exhibition Place Type of Work * I.C.I.

Asbestos/ Insulation X Bricklaying/ Masonry X Carpentry X X Electrical X X Glazing X Iron Workers X Labourers X Mechanical X X Painting X X Sheet Metal X

* (Industrial, Commercial, Institutional sector)

B4. Decisions, Fair Wage Policy.

The Fair Wage Office will make final decisions with respect to:

• Work jurisdictions, in consultation with the industry • type of Work involved • whether or not union firms/workers must be used • if Labour Trades Contractual Obligations apply * Labour Trades Contractural Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67)

FW R (02/06) Page 2 of 2 371 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

GUIDE TO PROSPECTIVE BIDDERS

APPLICATION OF THE FAIR WAGE SCHEDULES In accordance with the City of Toronto Fair Wage Policy, Contractors and Sub-contractors are responsible to pay workers employed in “field work”, a rate of wages not less than that set out for such work in the applicable Schedule of Wage Rates for this contract is as follows:

APPLICABLE FAIR WAGE SCHEDULE

“SEWER & WATERMAIN CONSTRUCTION WORK” On May 26, 2017, City Council enacted By-law No. 588-2017 that revises the Sewer and Watermain Construction Work Schedule for 2016-2019. This schedule is applicable to Sewer and Watermain construction including, reconstruction, demolition, construction maintenance, rehabilitation and repair. This schedule is not applicable to construction work, otherwise covered by Utility Fair Wage Schedule. To obtain a copy of the Sewer & Watermain Schedule, call the Fair Wage Office at the telephone number listed below or accesses the following link:

Sewer & Watermain Construction Schedule 2016-2019.pdf In case of a jurisdictional dispute or dispute as to the rate of wages to be paid under the contract or to the amount to be paid to any worker, the decision of the Manager, Fair Wage Office, shall be final and binding upon all parties. In the event that other Fair Wage Schedules may overlap the work covered by this contract, please contact the Fair Wage Office at (416) 392-7300 to seek clarification.

Human Resources

Fair Wage Office 100 Queen Street West City Hall, 18th Floor, West Tower Toronto, ON M5H 2N2

Tel: 416-392-7300 Fax: 416-392-0801 Hotline: 416-392-FAIR E-mail: [email protected] Visit us at www.toronto.ca/fairwage

372 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

https://www1.toronto.ca/City%20Of%20Toronto/wp/business-economy/doing-business-with-the-city/Files/Sewer%20&%20Watermain.pdf

1

Social Procurement Policy

Purpose and Policy Statement

To embed supply chain diversity and workforce development initiatives within the City's

Procurement Processes to drive inclusive economic growth.

General Principles

This policy will conform to the following principles

Addresses economic disadvantage, discrimination, and barriers to equal opportunity,

particularly among equity-seeking communities, that disproportionately experience

unemployment and underemployment, discrimination, or barriers to equal opportunity;

Adheres to the highest standards of ethical conduct and maintains consistency with other

City of Toronto policies and procedures;

Works to build a culture of social procurement;

Establishes an effective balance between accountability, transparency and efficiency;

Complies with all applicable laws (including trade agreement implementing legislation),

regulations, by-laws, policies, including the Ontario Human Rights Code, the Ontario

College of Trades and Apprenticeship Act, and any collective agreements which imposes

obligations on the City or its suppliers;

Achieves best value for the City of Toronto through the consideration of the full range of

procurement formats and the adoption of commercially reasonable business practices.

Applicability and Exemptions

The policy applies to City of Toronto competitive purchases above $3,000 except as set out in

the policy.

In the event of any conflict with this Policy and either Chapter 195 of the Municipal Code or the

City's Procurement Processes Policy, Chapter 195 governs first and the Procurement Process

Policy governs second.

Definitions

In addition to definitions in the Purchasing By-law and the Procurement Processes Policy, the

following terms shall have the meanings indicated:

"Apprentice"

373 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

2

An apprentice is an individual who has entered into a registered training agreement under which

the individual is to receive training in a trade required as part of an apprenticeship program as

defined by the Ontario College of Trades and Apprenticeship Act, 2009.

"Candidate" or "Persons"

Someone that has experienced or is experiencing economic disadvantage, discrimination, and/or

barriers to equal opportunity.

"Equity-seeking Community"

An equity-seeking community is a group that experiences discrimination or barriers to equal

opportunity, including women, Aboriginal People, persons with disabilities, newcomers/new

immigrants, LGBTQ+ people, visible minorities/racialized people, and other groups the City

identifies as historically underrepresented.

"Diverse Supplier"

A diverse supplier is any business or enterprise that is certified by a Supplier Certification

Organization to be:

More than 50% (majority) owned, managed and controlled by persons belonging to an

equity-seeking community, or

A social purpose enterprise whose primary purpose is to create social, environmental or

cultural value and impact, and where more than 50% of the persons who are full-time

equivalent employees or are participating in, or have completed, transitional employment

training, experience economic disadvantage.

"Supplier Certification Organization"

A supplier certification organization is a non-profit organization recognized by the City of

Toronto that certifies businesses and enterprises as diverse suppliers by assessing them using

established, consistent criteria.

"Workforce Development"

Workforce development comprises a wide range of activities, policies and programs that seek to

better serve – and better connect -- job seekers and employers. As a result of doing this,

workforce development creates and maintains the kind of skilled workforce that is needed to

meet the current and future needs of business and industry. Workforce Development integrates

human service support, industry-driven education and training, and career advancement

strategies, facilitated by the collaboration between employers, training and education institutions,

government and communities. Workforce Development activities can include but are not limited

to:

Customized Recruitment

Customized recruitment initiatives involve needs-based approaches to sourcing qualified

candidates for available jobs, developed and implemented in conjunction with existing hiring

methods in order to enhance and augment typical talent pools.

374 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

3

Training and Work-based Learning Skills Development

Training includes programming that allows candidates to formally gain the skills required to

compete for emerging job opportunities. Activities may include supporting the development

and delivery of industry recognized training components and supporting the attainment of

professional certifications or licensing for specific candidate groups (e.g., Newcomer

professionals, youth, etc.).

Work-based learning involves a continuum of activities with an emphasis on learning in a

real work environment and through practice on the job. Activities range from shorter and less

formal workplace exposure (e.g., workplace tours and job shadowing) to longer term and

more intensive (e.g., paid internships with specific skill development objectives).

Opportunities for Registered Apprenticeships during Construction

Identify opportunities to hire, directly and/or through subcontractors, registered apprentices

through apprenticeship training programs that provide candidates with access to the skilled

trades.

Use of Social Enterprise in the Supply Chain

Identify opportunities to sub-contract, where required, components of work or services to

social enterprises that employ business methods and practices to create employment or

training opportunities for workforce development candidates.

Other Activities

Any other appropriate activities that will provide employment-related opportunities to

candidates will also be considered as workforce development activities. These activities may

include (but are not exclusive to) the following:

o Participating in sector/industry career information sharing, learning and networking

events

o Providing mentoring through established mentorship programs

o Supporting pre-employment workshops such as resume and interview skills development

Policy

1.0 Supply Chain Diversity

1.1 Supplier Information

Purchasing and Materials Management shall collect information on a regular basis

regarding the demography of suppliers to assess the composition of the City's supply

chain.

1.2 Increasing Access for Small and Medium Sized Businesses to Divisional

Purchase Orders ($3,000 up to and including $50,000)

375 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

4

1.2.1 Purchasing and Materials Management Division will work with supplier certification

organizations to obtain a list of diverse suppliers.

1.2.2 As part of the City's Divisional Purchase Order Process, City divisions shall review

the list obtained under Section 1.2.1 and, where feasible, attempt to include at least

one (1) quotation from a diverse supplier when undertaking the Divisional Purchase

Order process.

1.2.3 The Chief Purchasing Officer, in consultation with the Executive Director, Social

Development, Finance and Administration, will have the authority to increase the

requirements of Divisions to include more than one (1) quotation as part of the

Divisional Purchase Order process as necessary in order to achieve the goals of

diversifying the supply chain.

1.2.4 Divisions procuring construction services using the Divisional Purchase Order

procedure are exempted from this section.

1.3 Increasing Access for Small and Medium Sized Businesses ($50,000 up to and

including $100,000)

1.3.1 Purchasing and Materials Management shall review the list obtained under Section

1.2.1 and, where feasible, attempt to include at least one (1) submission from a

diverse supplier when undertaking an invitational solicitation on behalf of a

Division.

1.3.2 The procurement of construction services using the invitational solicitation (between

$50,000 and $100,000) are exempted from this section.

1.4 Encouraging Vendors to Develop Supply Chain Diversity Policies in purchases

$100,000 and above

1.4.1 In Tenders and Request for Quotations issued by Purchasing and Materials

Management, language will be added to encourage bidders to develop or adopt a

supplier diversity policy that aims to include diverse suppliers in their supply chain.

1.4.2 In Request for Proposals issued by Purchasing and Materials Management, language

will be added to the evaluation of proposals that includes means to improve supplier

diversity in the supply chain.

1.4.3 The City will provide suppliers with guidance and information on how to respond to

the supplier diversity requirements under Sections 1.3.1 and 1.3.2.

376 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

5

1.5 Tied Bids

Prior to applying the process set out in the Procurement Processes Policy, in a

circumstance where a tied bid occurs, the award will be provided to a diverse

supplier. If all the bidders within the tie are diverse suppliers, then the normal tied

bids procedure shall apply.

2.0 Workforce Development

2.1 Identifying Procurements Suitable for Workforce Development

2.1.1 Workforce development provisions set out in Section 2 will apply to all call

documents with an anticipated value over $5 million (including option years) subject

to Sections 2.1.2.

2.1.2 Purchasing and Materials Management Division, in consultation with City Divisions

will review the potential call documents identified in Section 2.1.1 to determine if

the procurement of goods and services is viable for workforce development

opportunities on the basis of the following principles:

a. Suitability – the degree to which possible employment-related opportunities can

provide candidates with meaningful experience, learning and skill development.

b. Reach – the degree to which candidates can meet the minimum qualifications

needed to access possible employment opportunities.

c. Volume – the number of employment opportunities that could be offered as part

of the procurement project.

d. Feasibility – likelihood that workforce development outputs can be achieved

within the proposed timeframe of the contract.

2.1.3 Purchasing and Materials Management Division, in consultation with Social

Development, Finance and Administration Division and Employment & Social

Services Division, will develop procedures to prioritize and select the most

appropriate procurement projects for inclusion of workforce development

requirements based on the criteria in Section 2.1.2.

2.1.4 All workforce development requirements identified in Section 2 must be compliant

with any collective agreement(s) to which the City is bound in the construction

industry and must be consistent with construction industry collective agreements

that may be applicable to the work in question.

2.2 General Workforce Development Requirements for Identified Procurements

377 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

6

2.2.1 For the procurements identified in Section 2.1, the City shall require the bidders or

proponents, as part of the procurement process, to provide to the City a commitment

respecting workforce development in the event of a successful bid or proposal.

2.2.2 The City shall not consider the bid of a bidder or the proposal of a proponent that is

required to provide, as part of the procurement process, a commitment under Section

2.2.1 and fails to do so.

2.2.3 For all competitive procurements identified in Section 2.1, the City will include the

following:

a. The requirement to designate a liaison within the bidder or proponent's

organization who will implement and maintain the workforce development plan;

b. The frequency of mandatory meetings that will be included for meeting with

designated City staff to review workforce development activities, future

opportunities and related outcomes; and,

c. The requirement that the successful bidder or proponent maintain records of

workforce development progress and outcomes to be shared with the City at

agreed intervals throughout the contract and upon request by the City.

d. The requirement that the successful bidder or proponent makes the agreed upon

plan for workforce development available to the public as directed by the Chief

Purchasing Official.

2.2.4 Where the identified procurement is being procured using a Pre-qualification or a

Request for Proposal, the Pre-qualification or Request for Proposal shall clearly

identify to proponents the types of strategies that can be proposed as a workforce

development plan and the associated evaluation criteria that is aligned with the

principles set out in Section 2.1.2, that will be used to score the proposed workforce

development plan. The evaluation team will include the appropriate staff with

relevant/appropriate experience to evaluate the plan.

2.2.5 Where the identified procurement is pursued using a Request for Quotation or

Tender, the City shall set out the expected minimum required workforce

development plan, aligned with the principles identified in Section 2.1.2, that the

bidder will have to meet.

2.3 Disqualification

2.3.1

If the successful bidder or proponent fails to implement their workforce

development plan as proposed and agreed upon with the City in two separate

instances over a period of three years inclusive, the Chief Purchasing Official may

recommend to the Government Management Committee that the said bidder or

proponent be disqualified from conducting business with the City for a period of two

years, inclusive.

378 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

7

a. The disqualification period will start from the day of the decision of Council.

b. After the disqualifying period is over, the said bidder or proponent will be placed

on probation for the next year. If another failure to implement the agreed upon

workforce development plan occurs, the Chief Purchasing Official may

recommend to the Government Management Committee that the bidder or

proponent be disqualified from conducting business with the City for an

indefinite period of time.

c. Disqualified firms will be published on the City's website.

2.3.2 In determining whether the successful bidder or proponent fails to implement their

workforce development plan as proposed, Purchasing and Materials Management

Division, in consultation with Social Development, Finance and Administration and

Employment & Social Services, will develop procedures to guide the determination

of whether a successful bidder or proponent fails to implement the proposed

workforce development plan, including but not limited to, the degree of compliance

with the workforce development plan, the effort made by the successful bidder or

proponent in working towards the workforce development plan and the role of

subcontractors in the workforce development plan.

379 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

1

Purchasing & Materials Management Division Right to Reject Debtors and Set Off Policy

DATE: February 27, 2008

PAGE : 1 of 6

PURPOSE

1.0 To protect the interests of the taxpayers of the City of Toronto by reserving the right to the City to reject an offer to supply goods and/or services through the City’s procurement processes where the City determines that the person making the offer is in any way indebted to the City and in its sole discretion is of the opinion that it is in the City’s best interests that the offer be rejected. To make it clear to persons responding to a call or request from the City that the Treasurer may choose to exercise any legal or equitable right of setoff against any person who becomes indebted to the City during the provision of their services and may re-direct payments to otherwise due to such person towards repayment of outstanding amounts owed to the City. Note: 1. Adopted by Council at its meeting held on July 20, 21, 22, 2004, Report No. 5, Clause 8, Administration Committee. 2. Revised by City Council at its meeting of June 14, 15 & 16, 2005, Report No. 5, Clause 3.

POLICY

2.0 Application This policy shall apply to all calls and proposals issued by the City of Toronto’s Purchasing and Materials Management Division (PMMD). 3.0 Definitions “bid” means a formal price response to a call issued by the City; “bidder” means any person submitting a competitive bid in response to a call by the City; “call” means a solicitation from the City to external suppliers or providers to submit a tender or a quotation;

380 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

2

"controlling interest" means the interest that a person has in a corporation when the person beneficially owns, directly or indirectly, or exercises control or direction over, equity shares of the corporation carrying more than 10 per cent of the voting rights attached to all equity shares of the corporation for the time being outstanding; “debtors watch list” means a list of persons and or companies who are indebted to the City; “indebted” includes but is not limited to unpaid taxes, outstanding claims, judgements or executions, arrears of rent and any interest and penalty thereon owing by a person to the City; “parent" means a person who has demonstrated a settled intention to treat a child as a member of his or her family whether or not that person is the natural parent of the child; “person” shall include any individual, sole proprietorship, partnership, corporation or other entity with the legal capacity to contract; “procurement processes” includes any call or request issued by PMMD pursuant to Chapter 195, Purchasing, of the City of Toronto Municipal Code; “related person” means a parent or the spouse or any child of the person or any person or entity having an indirect pecuniary interest as set out in section 4.0; “request” means a solicitation from the City to external suppliers or providers to submit a proposal; “senior officer" means the chair or any vice-chair of the board of directors, the president, any vice-president, the secretary, the treasurer or the general manager of a corporation or any other person who performs functions for the corporation similar to those normally performed by a person occupying any such office; "spouse" means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage. 4.0 Indirect pecuniary interest

381 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

3

A person has an indirect pecuniary interest in any matter in which another person is concerned, if:

(a) the person or his or her nominee, (i) is a shareholder in, or a director or senior officer of the other person,

being a corporation that does not offer its securities to the public;

(ii) has a controlling interest in or is a director or senior officer of the other

person, being a corporation that offers its securities to the public, or

(iii) is a member of the other person; or

(b) the person is a partner of the other person or is in the employment of the other person.

5.0 Right to Reject It shall be the policy of the City of Toronto that in any procurement of goods and services by the City, the City reserves the right to reject an offer to supply goods and/or services presented in response to the City’s procurement processes where the City determines that the person making the offer is in any way indebted to the City and in its sole discretion is of the opinion that it is in the City’s best interests that the offer be rejected. For the purpose of this section 5.0, “person making the offer” includes the person actually making the offer, whether as agent or principal, a person on whose behalf the offer is made and any related person. 5.1 Process All calls or proposals issued by PMMD on behalf of City Divisions shall include a copy of this policy. 5.2 Declaration PMMD shall be entitled to rely on the contents of the Debtors Watch List in making a determination of disqualification. 6.0 Determination of Disqualification

382 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

4

The City Manager or designate shall have, in consultation with the Treasurer, the City Solicitor and the Division Head on whose behalf PMMD has issued a procurement process, the sole discretion to reject a bid on the basis of this policy in the best interests of the City. The Guidelines in Appendix ‘A’, attached, will be used by the City Manager in exercising her discretion under the policy. NOTE: On July 23, 2007 the City Manager delegated to the Treasurer, the authority to make the determination for rejection as described herein above in Section 6.0 and in Appendix A of this policy 6.1 Notification of Rejection Once a decision to reject a bid has been made by the City under sections 5.0 and 6.0 hereof, PMMD shall forthwith notify the affected person of the decision by way of a notice in writing delivered to the address provided by the person in the particular procurement process from which that the bid has been rejected, provided, however, that any such rejection is not conditional upon the delivery or receipt of such notice in writing. 7.0 Set-Off The Treasurer, in consultation with the City Solicitor, may choose to exercise any legal or equitable right of set-off against any person who becomes indebted to the City during the provision of their services and may re-direct payments otherwise due to such person towards repayment of outstanding amounts owed to the City. 8.0 Where a disqualified person is otherwise the lowest bidder whose bid meets the specifications and requirements set out in the call or request, such bid will be referred to a standing committee of council in accordance with the provisions of Schedule 195, Purchasing, of the Municipal Code. ATTACHMENTS APPENDIX A – GUIDELINES IN REPSECT OF THE CITY’S RIGHT TO REJECT DEBTORS AND SET OFF POLICY

CONTACT

Should you have any questions please contact the Purchasing and Materials Management Division. In the event that further interpretation is required, please contact the Manager, Corporate Purchasing Policy & Quality Assurance at 392-0387 or Supervisor, Policy, Training & Technology at 392-1305

383 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

5

Appendix A

Guidelines in Respect of the City’s Right to Reject Debtors and Set Off Policy (The “Policy”)

The following are guidelines for the City Manager to consider when, in consultation with the City Solicitor, the Treasurer and the Division Head, to determines whether to exercise her discretion to reject a debtor under the Policy. The City Manager may consider any individual guideline or any combination of guidelines to determine the application of the Policy.

(1) Size of the indebtedness

The policy should only be applied in situations where the amount of the indebtedness is significant in relationship to the contract under consideration.

The suggested size of the indebtedness that would trigger possible application of the policy is 10% of the amount bid.

(2) Age of the indebtedness

The policy should be applied in situations where the age of the indebtedness is significant. The suggested age of the indebtedness that would trigger possible application of the policy is 90 days overdue or more. The policy may also be applied where the debtor has a chronic pattern of late payment.

(3) The nature of the indebtedness

Where the nature of the indebtedness is a legal claim or a claim to rectify previous deficiencies, the policy should be applied in those circumstances where the claim is significant in size (see 1.) If the contractor in question has a track record of settling cross claims in a manner acceptable to staff, it would be inappropriate to use the policy. It may be quite appropriate to exercise the policy with a debtor that has a chronically poor record with the City with respect to payment of accounts or where the debtor has a chronic history of claims.

(4) Other Avenues Available to Correct the Indebtedness

The denial of City business is one of many avenues that the City has to encourage the payment of outstanding accounts. In a situation where the City has other strong collection tools available such as the disconnection of water or

384 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

6

the tax sale of a property, it may be in the best interests of the City to award a contract if the bid is attractive enough and the risk of not collecting on outstanding accounts is low.

(5) The Spread between the Debtors Low Bid and the Next Lowest Bid

In circumstances where the response submitted by the debtor is so attractive as compared to the next ranked response that the benefit of the award significantly outweighs the debt to the City, it may not be appropriate to decline the award. Care must be taken, however, in situations where the indebtedness is in the form of past claims for poor workmanship. In these situations, a low bid may indicate that the pattern of poor workmanship and resulting claims may continue.

385 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Parks, Forestry & Recreation Urban Forestry

Tree Protection Policy and

Specifications for Construction Near Trees

July 2016 386 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Table of Contents

1. Introduction ............................................................................................................................ 3

Types of Tree Damage ................................................................................................... 3

2. Protecting Trees ..................................................................................................................... 6

Prohibited Activities Within a TPZ ................................................................................... 8

3. Tree and Site Protection Measures ........................................................................................ 9

4. Tree Protection Signage ........................................................................................................ 9

5. Tree Protection Plan .............................................................................................................10

6. Tree Protection Plan Notes ...................................................................................................10

General Notes ...............................................................................................................10

7. Tree Protection Plan Details ..................................................................................................13

8. Permits for Tree Removal or Injury ........................................................................................15

9. Tree Guarantee Deposits ......................................................................................................16

Tree Protection Guarantee ............................................................................................16

Tree Planting Security ...................................................................................................16

10. Emergency Repairs to Utilities ............................................................................................17

11. Tree Species that are Intolerant of Construction Disturbance ..............................................17

12. Contact Information .............................................................................................................18

Tree Protection and Plan Review (City-owned and Private Trees) .................................18

Ravine and Natural Feature Protection ..........................................................................18

July 2016 2

387 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

1. IntroductionMaintenance, growth and enhancement of the urban forest are important goals of the City of Toronto. Preserving and protecting healthy trees can help the City to achieve these goals. Considering tree protection in the initial stages of construction planning may mean the difference between preserving a healthy tree and having to remove it. Plans created with tree protection in mind help protect the city's urban forest.

The tree protection policy and specifications outlined below reflect the policy of Toronto City Council. Anyone failing to adhere to the tree protection policy and specifications will be financially responsible for any resulting damage to trees and may be charged under the provisions of the applicable City of Toronto tree by-law or subject to orders to comply.

Prior to commencing with any demolition or construction activity it is important that an arborist1 determines the location, species, size and condition of trees on the property and surrounding properties and becomes familiar with the tree protection by-laws that could impact the proposal.

The following by-laws protect trees in the City of Toronto:

• Street Tree By-law, City of Toronto Municipal Code Chapter 813, Article II, protects alltrees situated on City streets.

• Private Tree By-law, Article III, Chapter 813 of the City of Toronto Municipal Codeprotects trees on private property with diameter of 30cm or more and trees of anydiameter that were planted as a condition of a permit issued under this bylaw or a siteplan agreement.

• The Ravine & Natural Feature Protection By-law, Chapter 658 of the City of TorontoMunicipal Code prohibits and regulates the injury and destruction of trees, as well asfilling, grading and dumping within designated areas of the City. There is no minimumdiameter for a tree to qualify for protection under the Ravine and Natural FeatureProtection By-law. Trees of any size located in the designated areas qualify forprotection.

• The Parks By-law, Municipal Code Chapter 608, Article VII protects all trees located ina City park.

All above noted by-laws are implemented by Urban Forestry under the authority of the General Manager, Parks, Forestry and Recreation. City of Toronto's tree protection by-laws can be found at www.toronto.ca/trees.

Types of Tree Damage

Physical injury to the trunk, crown and roots of a tree will occur if construction equipment is permitted close to trees or if structures are built into the growing space of a tree. Inappropriate pruning may also result in tree injury. Physical injuries are permanent and can be fatal.

1 Arborist – An expert in the care and maintenance of trees including an arborist qualified by the Ontario Training and Adjustment Board Apprenticeship and Client Services Branch, a certified arborist qualified by the International Society of Arboriculture, a consulting arborist registered with the American Society of Consulting Arborists, a registered professional forester or a person with other similar qualifications as approved by the General Manager, Parks, Forestry and Recreation.

July 2016 3

388 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit





http://www.toronto.ca/trees

Root cutting is another type of physical injury that can significantly impact the health of a tree. The majority of tree roots are found in the upper 30 to 60 cm of soil. Excavation for foundations or utility installation may cut roots if the excavation is too close to trees. Trees can become destabilized and may fall over if anchor roots are severed.

Compaction of the soil in the tree root zone is one of the leading causes of tree decline in Toronto’s urban forest. Soil compaction occurs primarily from vehicles and equipment moving across the root zones. Piling or storing materials or debris on top of the root system can also result in soil compaction. Soil compaction causes the pore spaces in the soil, which contains air and water necessary for root growth, to be reduced. Without space available for oxygen and water, tree roots will suffocate and tree decline will follow. With rutting, a form of intense compaction, roots are severed by the tires of equipment. Root destruction can also be caused by changes to the existing grade. Adding soil on top of tree roots can smother them by reducing the amount of oxygen and water they can receive. Only a few centimetres of added soil can have a detrimental impact on tree health.

The structural elements of a tree in an optimal growing environment are shown on Figure 1. This figure illustrates the terms used in this policy.

July 2016 4

389 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Figure 1: Urban Forestry Detail TP-3

July 2016 5

390 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

2. Protecting TreesThere are a number of steps that can be taken to protect trees prior to, during and after any construction project. Hiring an arborist should be the first step. An arborist can advise on current tree maintenance requirements and determine the impact the proposal will have on trees and the surrounding natural environment.

An inventory of trees on subject and adjacent properties that may be impacted by the proposed work should be prepared in accordance with the City tree by-laws so that the project can be designed with tree protection in mind. A tree protection plan prepared by an arborist will identify the location, species, size and condition of all trees within the area of consideration, identify the extent of injury where applicable and outline proposed tree protection measures for the trees identified for protection.

The area of consideration for trees protected under the Private Tree By-law (Municipal Code, Chapter 813, Article III) includes the entire area of site disturbance, including construction related traffic and material storage, and extends 6m beyond the limit of site disturbance. For trees protected under Ravine and Natural Feature Protection By-law (Municipal Code, Chapter 658), the area of consideration includes the area of site disturbance and 12m area beyond.

The following chart provides the required distances for determining a minimum tree protection zone (TPZ) for trees located on a City street, in parks and on private property subject to Private Tree By-law and for trees located in areas regulated under the Ravine and Natural Feature Protection By-law. The minimum tree protection zones are based on the diameter of the tree. While these guidelines provide minimum protection distances for the anchor and transport roots of a tree, there can still be significant loss of the feeder roots beyond the established tree protection zone. Feeder roots are responsible for water and nutrient absorption and gas exchange. For this reason, Urban Forestry may require a TPZ larger than the minimum, depending on the tree and the surrounding environment.

Trunk Diameter (DBH)1

Minimum Protection Distances Required2

City-owned and Private Trees

Minimum Protection Distances Required

Trees in Areas Protected by the Ravine and Natural Feature

Protection By-law

Whichever of the two is greater: <10cm 1.2 m The drip line4 or 1.2 m

10- 29 cm 1.8 m The drip line or 3.6 m 303 – 40 cm 2.4 m The drip line or 4.8 m 41 – 50 cm 3.0 m The drip line or 6.0 m 51 – 60 cm 3.6 m The drip line or 7.2 m 61 – 70cm 4.2 m The drip line or 8.4 m 71 – 80cm 4.8 m The drip line or 9.6 m 81 – 90 cm 5.4 m The drip line or 10.8 m

91 – 100 cm 6.0 m The drip line or 12.0 m >100 cm 6 cm protection for each 1 cm

diameter 12cm protection for each 1 cm

diameter or the drip line5 Table 1: Minimum Tree Protection Zone (TPZ) Determination

July 2016 6

391 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

1Diameter at breast height (DBH) measurement of tree stem taken at 1.4 metres (m) above the ground. 2MinimumTree Protection Zone distances are to be measured from the outside edge of the tree base. 3Diameter (30 cm) at which trees qualify for protection under the Private Tree By-law. 4The drip line is defined as the area beneath the outer most branch tips of a tree. 5Converted from ISA Arborists’ Certification Study Guide, general guideline for tree protection barriers of 1 foot of diameter from the stem for each inch of stem diameter.

The diagram below shows how the TPZ is determined:

Figure 2: Minimum Tree Protection Zone (TPZ) Determination

In some cases, disturbances in the TPZ may be unavoidable, in which case, the TPZ must be adjusted in consultation with the arborist and Urban Forestry. In these situations, it may be necessary to implement other tree protection measures such as horizontal root protection as noted in section 3 of this document.

In addition to establishing and creating tree protection zones, it may be necessary to implement other protective measures, such as adding mulch to the root zone, aeration of the soil, pruning for deadwood or removing limbs that may be impacted by construction activity. This is also the time to determine the location where new trees can be planted to compliment the construction project and help with the renewal and growth of the urban forest.

Prior to commencing with any excavation, roots approved for pruning by Urban Forestry must first be exposed using pneumatic (air) excavation, by hand digging or by using a low pressure hydraulic (water) excavation. This exploratory excavation must be undertaken by an experienced operator under the supervision of a qualified and experienced arborist. The water pressure for hydraulic excavation must be low enough that root bark is not damaged or

July 2016 7

392 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

removed. This will allow a proper pruning cut and minimize tearing of the roots. The arborist retained to carry out root pruning must contact Urban Forestry no less than three (3) working days prior to conducting any specified work.

Exploratory excavation may also be required for open face cuts outside the minimum tree protection zone (TPZ).

Communication between owners and their designated agents, arborists, contractors and sub-contractors throughout the construction process is critical to ensure that everyone involved is aware of the issues surrounding tree protection, and fully understands the tree protection methodology. Construction damage to trees is often irreversible.

Prohibited Activities Within a TPZ

Except where authorized by Urban Forestry, any activity which could result in injury or destruction of a protected tree or natural feature, or alteration of grade within a Ravine and Natural Feature Protection (RNFP) area, is prohibited within a TPZ, including, but not limited to, any of the following examples:

• demolition, construction, replacement or alteration of permanent or temporary buildings orstructures, parking pads, driveways, sidewalks, walkways, paths, trails, dog runs, pools,retaining walls, patios, decks, terraces, sheds or raised gardens

• installation of large stones or boulders• altering grade by adding or removing soil or fill, excavating, trenching, topsoil or fill scraping,

compacting soil or fill, dumping or disturbance of any kind• storage of construction materials, equipment, wood, branches, leaves, soil or fill,

construction waste or debris of any sort• application, discharge or disposal of any substance or chemical that may adversely affect

the health of a tree e.g. concrete sluice, gas, oil, paint, pool water or backwash water from aswimming pool

• causing or allowing water or discharge, to flow over slopes or through natural areas• access, parking or movement of vehicles, equipment or pedestrians• cutting, breaking, tearing, crushing, exposing or stripping tree's roots, trunk and branches.• nailing or stapling into a tree, including attachment of fences, electrical wires or signs• stringing of cables or installing lights on trees• soil remediation, removal of contaminated fill• excavating for directional or micro-tunnelling and boring entering shafts

The above mentioned prohibitions are for area(s) designated as a TPZ. If possible, these prohibitions should also be implemented outside the TPZ in areas where tree roots are located. The roots of a tree can extend from the trunk to approximately 2-3 times the distance of the dripline.

July 2016 8

393 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

3. Tree and Site Protection MeasuresThe following are examples of specific tree and site protection measures that may be required by Urban Forestry:

• Plywood tree protection hoarding (minimum 19mm or ¾"), or equivalent barriers, asapproved by Urban Forestry, shall be installed in locations as detailed in an Urban Forestryapproved Tree Protection Plan. Tree protection barriers must be made of 2.4m (8ft) highplywood hoarding or equivalent as approved by Urban Forestry. Height of hoarding may beless than 2.4m (8ft), to accommodate tree branches that may be lower, or as approved byUrban Forestry. Within a City road allowance where visibility is a consideration, 1.2m (4ft)high orange plastic web snow fencing on a 38 x 89mm (2”x 4”) frame should be used. Thedetail on tree protection barrier construction is shown on Figure 4 in section 7 of thisdocument

• In specific situations where the required full minimum tree protection zone (TPZ) cannot beprovided, a horizontal (on grade) root protection, designed by a qualified professionalsuch as arborist or landscape architect, may be considered, subject to approval by UrbanForestry. Urban Forestry's objective is zero soil compaction within the tree protection zone,therefore best efforts must be made to achieve this objective using materials and bestpractices available that minimize the vertical loading and spread the loading horizontally.

• Any area designated for stockpiling of excavated soil must be outside of TPZs and beenclosed with sediment control fencing. Sediment control fencing shall be installed in thelocations as indicated in an Urban Forestry approved Tree Protection Plan. The sedimentcontrol fencing must be installed to Ontario Provincial Standards (OPSD-219.130 – seeSection 7, Figure 5) and to the satisfaction of Urban Forestry. When feasible, the sedimentcontrol fencing can be attached to the tree protection barrier as shown in Figure 6. Sedimentcontrol fencing near trees shall be constructed as per detail shown on Figure 6 of thisdocument

4. Tree Protection Signage

Parks, Forestry & Recreation

Tree Protection Zone (TPZ) All construction related activities, including grade alteration, excavation, soil compaction, any materials or equipment storage, disposal of liquid

and vehicular traffic are NOT permitted within this TPZ.

This tree protection barrier must remain in good condition and must not be removed or altered without authorization of City of Toronto, Urban

Forestry.

Concerns or inquiries regarding this TPZ can be directed to: 311 or [email protected]

Figure 3: Tree Protection Sign

July 2016 9

394 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit


A sign that is similar to the illustration above may be required to be mounted on all sides of a tree protection barrier for trees protected by the Street Tree By-law and the Private Tree By-law. The sign should be a minimum of 40cm x 60cm and made of white corrugated plastic board or equivalent material. The sign may also be acquired from Urban Forestry Tree Protection and Plan Review (TPPR) district service counters.

5. Tree Protection PlanAll construction related applications must include a Tree Protection Plan that shows details of tree protection, prepared in conjunction with an arborist report or in consultation with an arborist, when protected trees are in proximity to the proposed work. All Tree Protection Plans must be legible, prepared at a usable metric scale and include the following information:

• Show all existing buildings, structures, hard surfaces and all existing trees within thearea of consideration (as defined in Section 2 of this document). Depending on theextent of site disturbance, trees on neighbouring properties may need to be included.Note that area of disturbance must include all areas that will be disturbed by theproposed work, including the areas required for over-dig, stockpiling, construction traffic,vehicular access and construction staging

• The extent of the crown (drip line) or the extent of minimum tree protection zone TPZ(whichever is greater) of each existing tree

• Proposed changes on site, including all proposed structures, services, hard surfaces andgrade changes

• Indicate vehicular access and construction staging areas. Areas proposed for temporarystockpiling of fill or excavated material shall be fenced with sediment control to preventsediment runoff

• Indicate location of any excavation that requires root pruning• Indicate trees proposed to be removed and/or injured• Highlight and label tree protection barriers and the proposed tree protection zones. (See

Table 1 to determine size of tree protection zone. Distances are to be measured frombase of tree)

• The extent of proposed tree injury, where applicable.• Include a comprehensive legend

See Section 6, Tree Protection Plan Notes, and Section 7, Tree Protection Plan Details, for further information.

6. Tree Protection Plan NotesThe following notes are to be included on tree protection plans submitted for construction related applications:

General Notes

• It is the applicants’ responsibility to discuss potential impacts to trees located near orwholly on adjacent properties or on shared boundary lines with their neighbours. Shouldsuch trees be injured to the point of instability or death the applicant may be held

July 2016 10

395 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

responsible through civil action. The applicant would also be required to replace such trees to the satisfaction of Urban Forestry

• Tree protection barriers shall be installed to standards as detailed in this document andto the satisfaction of Urban Forestry

• Tree protection barriers must be installed using plywood clad hoarding (minimum 19mmor ¾" thick) or an equivalent approved by Urban Forestry

• Where required, signs as specified in Section 4, Tree Protection Signage must beattached to all sides of the barrier

• Prior to the commencement of any site activity such as site alteration, demolition orconstruction, the tree protection measures specified on this plan must be installed to thesatisfaction of Urban Forestry

• Once all tree/site protection measures have been installed, Urban Forestry staff must becontacted to arrange for an inspection of the site and approval of the tree/site protectionrequirements. Photographs that clearly show the installed tree/site protection shall beprovided for Urban Forestry review

• Where changes to the location of the approved TPZ or sediment control or wheretemporary access to the TPZ is proposed, Urban Forestry must be contacted to obtainapproval prior to alteration

• Tree protection barriers must remain in place and in good condition during demolition,construction and/or site disturbance, including landscaping, and must not be altered,moved or removed until authorized by Urban Forestry

• No construction activities including grade changes, surface treatments or excavation ofany kind are permitted within the area identified on the Tree Protection Plan or Site Planas a minimum tree protection zone (TPZ). No root cutting is permitted. No storage ofmaterials or fill is permitted within the TPZ. No movement or storage of vehicles orequipment is permitted within the TPZ. The area(s) identified as a TPZ must beprotected and remain undisturbed at all times

• All additional tree protection or preservation requirements, above and beyond theinstallation of tree protection barriers, must be undertaken or implemented as detailed inthe Urban Forestry approved arborist report and/or the approved tree protection planand to the satisfaction of Urban Forestry

• If the minimum tree protection zone (TPZ) must be reduced to facilitate constructionaccess, the tree protection barriers must be maintained at a lesser distance and theexposed portion of TPZ must be protected using a horizontal root protection methodapproved by Urban Forestry

• Any roots or branches indicated on this plan which require pruning, as approved byUrban Forestry, must be pruned by an arborist. All pruning of tree roots and branchesmust be in accordance with good arboricultural practice. Roots that have receivedapproval from Urban Forestry to be pruned must first be exposed using pneumatic (air)excavation, by hand digging or by a using low pressure hydraulic (water) excavation.The water pressure for hydraulic excavation must be low enough that root bark is notdamaged or removed. This will allow a proper pruning cut and minimize tearing of theroots. The arborist retained to carry out crown or root pruning must contact UrbanForestry no less than three working days prior to conducting any specified work

• The applicant/owner shall protect all by-law regulated trees in the area of considerationthat have not been approved for removal throughout development works to thesatisfaction of Urban Forestry

July 2016 11

396 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

• Convictions of offences respecting the regulations in the Street Tree By-law and PrivateTree By-law are subject to fines. A person convicted of an offence under these by-lawsis liable to a minimum fine of $500 and a maximum fine of $100,000 per tree, and /or aSpecial Fine of $100,000. The landowner may be ordered by the City to stop thecontravening activity or ordered to undertake work to correct the contravention

• Prior to site disturbance the owner must confirm that no migratory birds are making useof the site for nesting. The owner must ensure that the works are in conformance withthe Migratory Bird Convention Act and that no migratory bird nests will be impacted bythe proposed work

The following additional notes shall be added on plans for properties regulated by the Ravine and Natural Feature Protection Bylaw:

• Ravine and Natural Feature Protection By-law (RNFP) note:

Ravine & Natural Feature Protection By-law

The Ravine & Natural Feature Protection By-law, Chapter 658 of the City of Toronto Municipal Code, regulates the injury and destruction of trees, dumping of refuse and changes to grade within protected

areas. Under this by-law protected trees may not be removed, injured or destroyed, and protected grades may

not be altered, without written authorisation from Urban Forestry Ravine & Natural Feature Protection, on behalf of the General Manager of Parks, Forestry & Recreation.

Convictions of offences respecting the regulations in the Ravine and Natural Feature Protection By-law are subject to fines, and the landowner may be ordered by the court to restore the area to the satisfaction of the City. A person convicted of an offence under this Bylaw is liable to a minimum fine of $500 and a maximum fine of $100,000 for each tree destroyed, a maximum fine of $100,000 for any other offence committed under this chapter, and /or a Special Fine of $100,000. A person convicted of a continuing

offence, including failure to comply with ravine permit conditions is liable to a maximum fine of not more than $10,000 for each day or a part of a day that the offence continues.

• The exact location of the limit of the RNFP area must be shown on all pertinent plansincluding Tree Protection Plan. The applicant/owner shall have this limit marked ontheir survey or other plans drawn to a suitable scale. This service costs $72.37 plus taxand can be requested by contacting the City of Toronto, Information and Technology,Geospatial Competency Centre, Map Service Counter at 416-392-2506 [email protected]. This line may then be transferred onto other plans to besubmitted.

• Sediment control fencing shall be installed in the locations as indicated in the UrbanForestry approved sediment control plan. The sediment control fencing must beinstalled to Ontario Provincial Standards (OPSD-219.130, see Section 7, Figure 5) andto the satisfaction of Urban Forestry. Sediment control near trees and over root zonesshall be installed as shown on Figure 6 of this document and to the satisfaction of UrbanForestry.

July 2016 12

397 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit


7. Tree Protection Plan DetailsThe following diagrams provide details for tree protection barriers and sediment protection barriers:

Figure 4: Urban Forestry Detail TP-1

July 2016 13

398 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Figure 5: OPSD Detail for Heavy Duty Silt Fence Barrier

July 2016 14

399 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

The following detail shall be used when constructing sediment protection fencing near trees.

Figure 6: Sediment control barriers for use over tree root zone

8. Permits for Tree Removal or InjuryIf the full minimum tree protection zone (TPZ) as identified in Section 2 cannot be provided, a permit to injure the tree must be obtained.

Any requests for removal or injury of a tree protected by City by-laws must be made on the appropriate application forms and submitted to Urban Forestry at the appropriate address. Permit application forms are available at www.toronto.ca/trees. Any requests for tree relocation will be considered as a tree injury.

If approval is granted for removal of a City-owned tree, applicants will assume all costs involved, which include appraised tree value, removal, and tree replacement costs. If approval is granted for removal of private trees or trees in ravine and natural feature protected areas, the permit will be subject to conditions, including tree replacement. If approval is granted for injury of City-owned, private trees or trees in ravine and natural feature protected areas, the permit will be subject to conditions, including implementation of a Tree Protection Plan, as determined by Urban Forestry.

In some instances, where the tree is healthy and the management of the tree or forest cover has not been addressed to the satisfaction of Urban Forestry, requests received by Urban Forestry may be forwarded to a Community Council and City Council for approval.

Urban Forestry does not have the authority to issue a permit to injure or remove a heritage tree2. Such requests would be forwarded to a Community Council and/or City Council for approval.

Butternut (Juglans cinerea, L.) is an endangered species. Butternuts and their habitat are protected under Endangered Species Act (S.O. 2007, c.6) available on the Government of Ontario website at http://www.ontario.ca/laws/statute/07e06/v1. A permit to injure or remove a butternut tree must be obtained from the Ministry of Natural Resources and Forestry Ontario.

2 Heritage Tree – A tree that has been designated under Part IV of the Ontario Heritage Act or trees recognized as heritage trees by the Ontario Heritage Tree Program of Trees Ontario.

July 2016 15

400 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=1b3ccfacd6f0c410VgnVCM10000071d60f89RCRD&vgnextchannel=470bdada600f0410VgnVCM10000071d60f89RCRD


http://www.ontario.ca/laws/statute/07e06

http://www.ontario.ca/laws/statute/07e06/v1

https://www.ontario.ca/ministry-natural-resources-and-forestry

Any person who contravenes any provision of the City's tree protection by-law is guilty of an offence.

More information on tree protection and permit application forms for tree removal and injury are available on Urban Forestry web page at www.toronto.ca/trees.

For additional information regarding the removal or injury of trees protected under City by-laws, please call 311.

9. Tree Guarantee Deposits

Tree Protection Guarantee

Urban Forestry may request a tree protection guarantee to secure the protection of trees that may be impacted by work on city streets, or to secure the satisfaction of all conditions of permit issuance. Tree protection guarantees held by the City shall only be released by the City provided that all construction activities are complete, compliance with all permit terms and conditions has been verified, there has been no encroachment into the minimum tree protection zone (TPZ) and the trees are healthy and in a state of vigorous growth.

Where Urban Forestry has confirmed an unauthorized encroachment into the TPZ or the terms and conditions of a permit have not been complied with, Urban Forestry will retain the guarantee until satisfactory compliance.

It is the applicant’s responsibility to submit a written request to Urban Forestry for the refund of the tree protection guarantee deposit as soon as construction and landscaping is completed.

Tree Planting Security

Urban Forestry may request a tree planting security deposit in an amount equal to the cost of planting and maintenance for two (2) years in order to ensure compliance with approved landscape or replanting plans. The security deposit may be held by the City after the planting of the trees for a period of two (2) years and shall be released by the City provided that the trees have been maintained, are healthy and in a state of vigorous growth upon inspection, two (2) years after planting. It is the applicant’s responsibility to advise Urban Forestry that trees have been planted in accordance with approved plans, in order that the two (2) year maintenance period begin.

Prior to release by the City, any dead/dying trees must be replaced, deadwood and sucker growth should be pruned, and mulch should be topped up where necessary. If stakes and ties were used, they must be removed within one (1) year. Any encroachments are to be removed prior to assumption, including walkways, timbers or bricks that result in increased height of soil or mulch around the trees, and lights in trees.

It is the applicant’s responsibility to submit a written request to Urban Forestry for the refund of a Tree Guarantee Deposit, two (2) years after the completion of all construction activity and/or two (2) years after tree planting. This request should be made during the growing season, not while

July 2016 16

401 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit


the trees are dormant, so that a site inspection can be arranged to confirm the trees are acceptable. The City will not release security deposits where trees are not in good condition, or if there are encroachments.

Financial securities must be in the form of a certified cheque, letter of credit or an alternative acceptable to Urban Forestry, with amounts payable to the Treasurer, City of Toronto.

10. Emergency Repairs to UtilitiesThe utility company is responsible for notifying Urban Forestry by calling 311 as soon as possible when by-law regulated trees are involved, so that an inspector can be dispatched. Urban Forestry staff may be contacted after hours by calling 311, and requesting the assistance of an on-call Urban Forestry inspector.

11. Tree Species that are Intolerant of ConstructionDisturbance The following tree species are intolerant of construction disturbance, and tree protection plans must take this into account. The tree protection zones required by these species may need to be quite extensive to avoid damage to the roots and crown associated with compaction, excavation or construction above grade that will impact the branches.

Acer rubrum (red maple) Acer saccharum (sugar maple) Betula papyrifera (paper birch) Carya glabra (pignut hickory) Fagus grandifolia (American beech) Liriodendron tulipifera (tulip tree) Ostrya virginiana (ironwood) Pinus resinosa (red pine) Pinus strobus (white pine) Prunus serotina (black cherry) Quercus alba (white oak) Quercus velutina (black oak) Tsuga canadensis (eastern hemlock) Tilia americana (basswood)

July 2016 17

402 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

12. Contact Information

Tree Protection and Plan Review (City-owned and Private Trees)

North York District 5100 Yonge Street, 3rd Floor Toronto, ON, M2N 5V7 Telephone: 416-395-6670 Fax: 416-395-7886 [email protected]

Etobicoke York District 399 The West Mall, Main Floor, North Block Toronto, ON, M9C 2Y2 Telephone: 416-338-6596 Fax: 416-394-8935 [email protected]

Scarborough District 150 Borough Drive, 5th Floor Toronto, ON, M1P 4N7 Telephone: 416-338-5566 Fax: 416-396-4170 [email protected]

Toronto and East York District 50 Booth Avenue, 2nd Floor Toronto, ON, M4M 2M2 Telephone: 416-392-7391 Fax: 416-392-7277 [email protected]

Ravine and Natural Feature Protection

General Enquiries Telephone: 416-392-2513 Fax: 416-392-1915 Email: [email protected]

Office Location 18 Dyas Road, 1st Floor Toronto, ON, M3B 1V5

Areas regulated under Ravine and Natural Feature Protection By-law can be viewed using the City's mapping tool available at www.toronto.ca/trees.

July 2016 18

403 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit






http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=8ec22632bdb1e410VgnVCM10000071d60f89RCRD&vgnextchannel=5b1619f8602a0410VgnVCM10000071d60f89RCRD


of 1

Contractor Performance Evaluation 1

START DATE:COMPLETION DATE: U I ME EE EX N/A

A. sub-score 25%1. 2. 3.

B. sub-score 25%1. 2. 3.

C. sub-score 12.5%1. 2. 3. 4. 5. 6. 7. 8. 9.

D. sub-score 25%1. 2. 3. 4. 5. 6. 7. 8.

8.1 8.2 8.3 8.4 8.5 8.6

E. sub-score 12.5%1. 2. 3. 4. 5. 6. 7.

version 1.1 - 8-Aug-14

Did a person with decision-making authority represent the contractor at pay/progress meetings?

QUALITY - Compliance with Contract Standards & Specifications

Did the contractor commence the work on time?

Did the contractor promptly & effectively correct defective work as the project progressed?

Did the contractor submit a satisfactory baseline schedule in compliance with the contract?

Did the contractor comply with standards and specifications in the contract?

ORGANIZATION - Work Plan and Management

Did the contractor take adequate precautions with any hazardous materials and designated substances?

CONTRACTOR: PROJECT NAME:

SAFETY & COMPLIANCE - Laws & Standards CONTRACT VALUE:

DESCRIPTION:

Was the quality and workmanship in compliance with the contract documents?

3.00

3.00

Did the contractor adhere to environmental, (non-OHSA) safety requirements, and other laws & policies?

For definitions refer to Backup sheets

Ranking

Did the contractor complete the project on time?

Accurate and complete record documents (as-builts)

Did the contractor effectively coordinate and manage the work of its subcontractors?

Secure and/or closed applicable municipal permits

Did the contractor comply with OHSA requirements?

Did the contractor submit schedule updates in accordance with the contract?

Did the contractor provide adequate & competent site supervision?

3.00

Did the contractor adequately staff and resource the project in compliance with the contract?

Did the contractor keep the site clean and free of trash and debris in compliance with the contract?

CONTRACT No.:

Did the contractor promptly comply with change orders, change directives, site instructions, and RFQs?

Weight

Weight

Weight

Weight

Weight

Did the contractor submit accurate, complete invoices in a timely manner?

Date

Project Manager:

SignatureName (Print or Type)

Director: (required for Final only)

Did the contractor coordinate to minimize disruption to the public and City operations?

Manager:

Total Score (weighted)

DATE:

Did the contractor submit timely, relevant requests for information (RFIs) as needed?Were shop drawings submitted according to shop drawing schedule and in compliance with the contract?EXECUTION - Work Performance

3.00

Did the contractor adequately address disputes, damages and claims with third parties to City PM's knowledge?

Look ahead schedules or work plans

Did the contractor seek authorization to perform extra or additional work?

Note: if the contractor disagrees with the evaluation, it is to follow the claims dispute procedure in the contract with necessary modifications. 3.00

3.00

Did the contractor follow the approved schedule and meet milestones?Did the contractor provide effective quality control?

Was the quality and submission timelines of the following items acceptable?

Did the contractor provide competitive change order pricing?Did the contractor accept responsibility for the full scope and extent of the contract?

Did the contractor participate in resolving project problems and display initiative to implement solutions?Did the contractor demonstrate accountability for problems for which they where responsible?

Complete operations and maintenance manuals and closeout documents

Did the contractor communicate, cooperate, collaborate with the contract administrator, project team & stakeholders?

Training plan and manualsStartup testing and commissioning reports

ADMINISTRATION - Contractor Performance and Diligence

Interim # Final

404 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 8 – City-led / City-endorsed Workforce Development Programs Tender Call No. 196-2019 Contract No. 19ECS-LU-02FP


SECTION 8 – City-led/City-endorsed Workforce

Development Programs

N/A

405 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit

Section 8 – City-l ed / City- endorsed Wor kforce Devel opment Programs

IMPORTANT - PLEASE READ THIS It is important to the City of Toronto to receive a reply from all invited Bidders. There is no obligation to submit a Bid; however, should you choose not to submit, completion of this form will assist the City in determining the type of services you are interested in submitting a Bid in the future.

INSTRUCTIONS: If you are unable, or do not wish to submit a Bid on this Request for Tender, please complete the following portions of this form. State your reason for not submitting a Tender by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other Request for Tender documents. 1. We do not offer this service.

Other reasons or additional comments.

2. We do not offer services to these requirements.

3. Unable to offer services competitively.

4. Cannot handle due to present commitments.

5. Quantity/project too large.

6. Cannot meet delivery/completion requirements.

7. Tender restrictions.

Do you wish to participate in Request for Tenders for services in the future? YES ____ NO ____

For City’s use only - Do not write in this space.

Company Name: Address: Signature of Company Representative: Position: Date:

Tel. No.: Fax No.:

Please return completed form by e-mail to [email protected].

NOTICE OF “NO BID”

TENDER #: 196-2019 CLOSING DATE: September 12, 2019

406 of 406

Viewing

Cop

y Only

Do N

ot Sub

mit
