1 of 19 - toronto...1 1.00 no bid 11 ss 17 provide pre-construction and post-construction structural...

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SECTION 3 - TENDER SUBMISSION PACKAGE PRICING FORM

Contract No. 16ECS-TI-19SP

Item Standard/ Special

Specification

Description Estimated Quantity

Unit Unit PriceAdden-dum No.

Standard/ Special Drawing

Tender Call No.86-2016

Total Per Item

Part A General Items

1 Sec. 5A Cl. 34

Mobilization and Demobilization lump sum

$_________ 1.00

$___________

2 Sec. 5A Cl. 33 / SS

Payment for Insurances as per submitted invoice(s)

lump sum

$_________ 1.00

$___________

3 Sec. 5A Cl. 32 / SS

Payment for Bonds as per submitted invoice(s)

lump sum

$_________ 1.00

$___________

4 TS 1.10/ SS Supply and install field office for the City staff

lump sum

$_________ 1.00

$___________

5 SS Provide construction layout on site lump sum

$_________ 1.00

$___________

6 SS Provide as-built survey lump sum

$_________ 1.00

$___________

7 Section 5A, Item 11

Supply, install and manage "Capital Improvement Project Construction Sign" as per contract document

each$_________

3.00$___________

T-216.02-24

8 TS 1.00/ SS Supply, place, relocate and maintain changeable message sign

each$_________

2.00$___________

9 TS 1.00 Supply, place, relocate, maintain and remove TC-12 sign

each$_________

2.00$___________

10 Provide pre-construction video taping of roadways within this contract, encompassing all portion of the ROW within the limits of construction

lump sum

No Bid 1 1.00

No Bid

11 SS 17 Provide pre-construction and post-construction structural and crack condition survey of building / structure within construction limits and submit condtion survey reports

lump sum

$_________ 1.00

$___________

12 TS 1.00/ SS Provide traffic control for maintenance of traffic as per Ontario Traffic Manual(OTM)Book 7 Temporary Conditions

lump sum

$_________ 1.00

$___________

13 TS 1.00/ SS Supply, place, relocate, maintain and remove crowd control barriers for the duration of construction

m$_________

300.00$___________

T 216.02-12

14 / Clean out existing catchbasins and sumps as directed by the City - all sizes

each$_________

35.00$___________

15 Contingency Allowance PS$40,000.00

1.00$40,000.00

Total For Part A General Items

Part B Watermain and Large Services

Mar 14, 2016 11 Page 3 - Addendum No. 1, TCN 86-2016

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Specification





Total Per Item

16 TS 7.10 / TS 7.30 / TS 7.60

Install, disinfect and maintain 100 mm by-pass piping and temporary hydrants including all temporary service connections, supply Y adaptors etc. and bagging existing hydrants, burying bypass and cutting roads for street crossings and driveway entrances and removal of all temporary installations related to the temporary bypass system

lump sum

$_________ 1.00

$___________

17 TS 441 / TS 7.40/ SS

Supply and install 100 mm PVC pressure pipe, CL 235, DR18, including copper tracer wire

m$_________

55.00$___________OPSD

802.010

18 TS 441 / TS 7.40/ SS


m$_________

730.00$___________OPSD

802.010

19 TS 441 / TS 7.40


m$_________

14.00$___________OPSD

802.010

20 TS 441 / TS 7.40


m$_________

610.00$___________OPSD

802.010

21 SS Styrofoam insulation for watermain - 50 mm thick (Provisional)

m2$_________

80.00$___________

T 708.01-4

22 TS 7.22 / TS 441/ SS

Supply and install 150 mm dia. horizontal or vertical bend, any degree, with restraining joints and thrust block (Provisional)

each$_________

4.00$___________T-1103.01 /

T-1106.04

23 TS 441 / TS 7.22/ SS

Supply and install 300 mm dia. horizontal or vertical bend, any degree, with restraining joints and thrust block (Provisional)

each$_________

4.00$___________T-1106.04 /

T-1103.01

24 TS 441/ SS Supply and install 100 mm gate valve and valve box

each$_________

1.00$___________

T 1101.02-2


each$_________

15.00$___________

T 1101.02-2


each$_________

1.00$___________

T 1101.02-2


each$_________

13.00$___________

T 1101.02-2

28 TS 441 / TS 7.70/ SS

Street connection 'A' - Connect new 300 mm watermain to existing 300 mm watermain complete, including any necessary piping, machining, couplings, restrain all joints etc.

lump sum

$_________ 1.00

$___________

Mar 14, 2016 12 - Addendum No. 1, TCN 86-2016

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Specification





Total Per Item

29 TS 441 / TS 7.70/ SS

Street connection 'B' - Connect new 150 mm watermain to existing 150 mm watermain complete, including any necessary piping, machining, couplings, restrain etc.

lump sum

$_________ 1.00

$___________

30 TS 441 / TS 7.70/ SS

Street connection 'C' - connect new 150 mm watermain to existing 150 mm watermain complete, including any necessary piping, machining, couplings, restrain all joints etc.

lump sum

$_________ 1.00

$___________

31 TS 441 / TS 7.70 / SS

Street Connection 'D' Connect new 150 mm watermain to existing 150 mm watermain complete, including any necessary piping, machining, couplings, restrain all joints etc.

lump sum

$_________ 1.00

$___________

32 TS 441 / TS 7.70 / SS

Street Connection 'E' Connect new 150 mm watermain to existing 150 mm watermain complete, including any necessary piping, machining, couplings, restrain all joints etc.

lump sum

$_________ 1.00

$___________

33 TS 441 / TS 7.70 / SS

Street Connection 'F' Connect new 150 mm watermain to existing 150 mm watermain complete, including any necessary piping, machining, couplings, restrain all joints etc.

lump sum

$_________ 1.00

$___________

34 TS 441 / TS 7.70 / SS

Street Connection 'G' Connect new 300 mm watermain to existing 300 mm watermain complete, including any necessary piping, machining, couplings, restrain all joints etc.

lump sum

$_________ 1.00

$___________

35 TS 441 / TS 7.70 / SS

Street Connection 'H' Connect new 150 mm watermain to existing 150 mm watermain complete, including any necessary piping, machining, couplings, restrain all joints etc.

lump sum

$_________ 1.00

$___________

36 TS 441 / TS 7.70 / SS

Street Connection 'I' Connect new 150 mm watermain to existing 150 mm watermain complete, including any necessary piping, machining, couplings, restrain all joints etc.

lump sum

$_________ 1.00

$___________

37 TS 441 / TS 7.70 / SS

Street Connection 'J' Connect new 150 mm watermain to new 150 mm watermain complete, including any necessary piping, machining, couplings, restrain all joints etc.

lump sum

$_________ 1.00

$___________

38 Street Connection 'K' Connect new 150 mm watermain to existing 150 mm watermain complete, including any necessary piping, machining, couplings, restrain all joints etc.

lump sum

$_________ 1.00

$___________


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Specification





Total Per Item

39 TS 701/ SP Additional cost to connect new 150 mm watermain to existing 150 mm watermain, including supply and installation of new tapping sleeve and valve / gate valve & box and anchor Tee as required to complete the connection (Provisional)

each$_________

1.00$___________

40 TS 441 / TS 7.70/ SS

Service connection - Connect new 100 mm water service to existing water service complete, including bends, reducer, any necessary piping, machining, couplings, etc.

each$_________

13.00$___________

41 TS 441 / TS 7.70/ SS


each$_________

13.00$___________

42 TS 441 / TS 7.70/ SS


each$_________

1.00$___________

43 TS 441 Additional cost per meter length to tunnel (cap and lag) under TTC tracks, existing utilities, fences walls etc. including shafts, grouting, unshrinkable fill etc.

m$_________

10.00$___________T-1104.02 /

T-1101.02-2 / T-1104.01

44 additional cost for watermain (all sizes) installed between 1.8 and 3.5 metre depth (open cut) (Provisional)

m$_________

50.00$___________

45 TS 510 Break down chambers (all sizes) to 1.0 m below grade including backfill with unshrinkable fill material, remove and return valve, frame and cover to City yard

each$_________

10.00$___________

46 TS 510 Abandon chamber, break down and remove existing chamber including backfill with unshrinkable material, remove and return valve, frame and cover to City Yard

each$_________

2.00$___________

47 TS 510 Remove water valve box (all sizes), back fill with unshrinkable fill

each$_________

5.00$___________

48 TS 1350/ SS Supply and install 300 mm thick concrete bulkhead at open end of abandoned pipe

each$_________

35.00$___________

49 TS 2.10 / TS 510/ SS

Additional excavation, including disposal

m3$_________

50.00$___________


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Specification





Total Per Item

50 TS 510/ SS Remove and replace existing water boxes & curb stops found to be non-operable, as directed by the City

each$_________

25.00$___________

51 TS 510/ SS Remove fire hydrants and valves each$_________

1.00$___________

52 TS 7.40 Remove existing fire hydrants and control valves complete in various locations, and replace with new fire hydrant (with storz pumper port), including (1) 600 mm x 600 mm sump with 50 mm clear stone with polyethylene covering and cathodic protection, (2) install anchor tee and control valve complete including concrete thrust blocks, electrical bonding and tracing wire; (3) 150 mm diameter PVC Class 235 (AWWA Standard C-900, DR 18 with outside diameter equivalent to cast iron pipe size) hydrant lead watermain on bedding (4) provide public notification for watermain shut and flushing watermains - Fire hydrant off 300 mm watermain on Arterial Roads

each$_________

7.00$___________T-708.04 /

T 1106.04 / T 1106.05 / T 1106.03 / T-1105.01 / T 1106.02

53 TS 7.40 Remove existing fire hydrants and control valves complete in various locations, and replace with new fire hydrant (with storz pumper port), including (1) 600 mm x 600 mm sump with 50 mm clear stone with polyethylene covering and cathodic protection, (2) install anchor tee and control valve complete including concrete thrust blocks, electrical bonding and tracing wire; (3) 150 mm diameter PVC Class 235 (AWWA Standard C-900, DR 18 with outside diameter equivalent to cast iron pipe size) hydrant lead watermain on bedding (4) provide public notification for watermain shut and flushing watermains - Fire hydrant off 150 mm watermain on Arterial Roads

each$_________

3.00$___________T-708.04 /

T-1105.01 / T 1106.05 / T 1106.03 / T 1106.04 / T 1106.02

54 TS 7.40 / TS 7.40

Supply and install new hydrant at location where no hydrant exists, includes hydrant lead, anode, control valve and box, all required fittings, tracer wire and replacement of the existing tee

each$_________

3.00$___________

T 1105.01


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Specification





Total Per Item

55 TS 510/ SS Breakdown valve box to 1.0 m below grade (all sizes)

each$_________

2.00$___________

56 TS 510/ SS Partial removal of valve and chamber to 1.0 m below grade (all sizes)

each$_________

7.00$___________

57 SS Supply, install , maintain and remove temporary Class 1 non-woven geotextile fabric silt control for catchbasins

each$_________

35.00$___________

58 OPSS 409/ SS

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

m$_________

700.00$___________

59 OPSS 409/ SS

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

m$_________

700.00$___________

60 TS 441/ SS Supply and install looping of proposed watermain / water service / fire hydrant lead when larger than 75 mm to avoid conflict with utility or service (with minimum 4 bends) (Provisional)

each$_________

2.00$___________


1.00$75,000.00

Total For Part B Watermain and Large Services

Part C Water Services

62 TS 441/ SS Cut and remove existing water services and replace with 19 mm diameter copper water service connections to the property line, up to 8 m in length, including pipe, bends, couplings, mainstop, curb stop and box and connection

each$_________

76.00$___________T 1106.03 /

T 708.01-4 / T 1104.02 / T 1105.02-1 / T 1105.02-2 / T 1104.01 / T 1106.06 / T 1104.02

63 TS 441/ SS Cut and remove existing water services and replace with 19 mm diameter copper water service connections to the property line, greater than 8 m in length, including pipe, bends, couplings, mainstop, curb stop and box and connection

each$_________

2.00$___________T 1106.03 /

T 708.01-4 / T 1104.02 / T 1105.02-1 / T 1105.02-2 / T 1104.01 / T 1106.06 / T 1104.02


each$_________

8.00$___________T 1104.01 /

T 1106.03 / T 708.01-4 / T 1106.06


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Specification





Total Per Item


each$_________

8.00$___________T 1104.01 /

T 1106.06 / T 708.01-4 / T 1106.03

66 TS 441 Cut and remove existing water services and replace with 50 mm diameter copper water service connections to the property line, upto 12 m in length, including pipe, bends, couplings, mainstop, curb stop and box and connection

each$_________

4.00$___________T 1104.01 /

T 1106.06 / T 1106.03 / T 708.01-4

67 TS 441 / SS Cut, extend and reconnect existing 19 to 37 mm copper pipe services to new watermain, including any necessary copper pipe and other accessories to complete installation

each$_________

25.00$___________T-1104.01/T

1104.02-1

68 TS 441 / SS Cut and reconnect existing 19 to 37 mm copper pipe service to new watermain, including other accessories as required to complete installation

each$_________

25.00$___________T-1104.01,

T-1104.02-1

69 TS 441 / SS Cut, extend and reconnect existing 50 mm copper pipe services to new watermain, including any necessary copper pipe and other accessories to complete installation

each$_________

5.00$___________T-1104.01/T

1104.02-1

70 TS 441 / SS Cut and reconnect existing 50 mm copper pipe service to new watermain, including other accessories as required to complete installation

each$_________

5.00$___________T-1104.01,

T-1104.02-1


1.00$45,000.00

Total For Part C Water Services

Part D Road and Sidewalk work

72 OPSS 510 / TS 2.10

Remove and dispose of offsite asphalt and concrete composite pavement full depth up to 450 mm depth, including sawcutting pavement

m2$_________

2,400.00$___________

73 OPSS 510 / TS 2.10/ SS

General excavation or excavation of soft spots including disposal (Provisional)

m3$_________

75.00$___________

74 TS 3.15 / TS 510

Cold milling asphalt pavement up to 40 mm depth

m2$_________

2,500.00$___________


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Specification





Total Per Item

75 TS 3.45 / TS 310 / TS 510

Supply high early strength concrete (32 MPa at 24hour) and construct concrete road base, 250 mm thickness including dowels for utility cut repair

m2$_________

455.00$___________

T 508.010-1

76 TS 4.50 / TS 408

Adjust catch basin, maintenance hole, valve chamber electrical handwell and/or ditch inlet up to 500 mm from top of cover or grate

each$_________

17.00$___________T 216.02-5

/ T 610.020-1

77 OPSS 408 / TS 4.50 / OPSS 1850/ SS

Supply & install maintenance hole frame and cover complete with up to 450mm adjustments including removal and disposal of existing - within Road (all Types)

each$_________

15.00$___________T 216.02-5

/ T 610.020-1 / OPSD 401.010

78 TS 405/ SS Supply and install roadway subdrain including connection - 150 mm dia.

m$_________

750.00$___________

T 216.02-8

79 TS 1010 Supply and place compacted Granular A RCM for site backfilling and/or unstable subgrade

t$_________

250.00$___________

80 TS 1350 / TS 3.40

Construct road base with 32 MPa- 7 day concrete; 250 mm thick

m2$_________

2,400.00$___________

81 TS 1350/ SS High early strength concrete (type 30) - 32 MPa at 24 hrs. (Extra allowance over 7 days concrete) - (Provisional)

m3$_________

50.00$___________

82 TS 3.55 Construct 1-row brick gutter on 20 mm mortar cushion

m$_________

350.00$___________

T 600.11-1

83 TS 310 Supply and place HL 8HS with PGAC 58-28

t$_________

345.00$___________

84 TS 310 Supply and place HL 1 with PGAC 64-28

t$_________

480.00$___________

85 OPSS 1212 / OPSS 920/ OPSS 341

Provide hot poured rubberized asphalt joint - 20 mm

m$_________

1,300.00$___________

86 TTS 810 Supply and install dipole loop each$_________

2.00$___________TTD

810.004 / TTD 810.005 / TTD 810.006 / TTD 810.007 / TTD 810.010


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Specification





Total Per Item

87 TTS 810 Supply and install quadrapole loop each$_________

1.00$___________TTD

810.004 / TTD 810.005 / TTD 810.006 / TTD 810.007 / TTD 810.010

88 TS 810 Supply and install TTC Transit loop (Provisional)

each$_________

2.00$___________TTD

810.004

89 Supply and install Loop Feeder cable

m$_________

60.00$___________

90 Remove and replace sewer maintenance hole frame and cover (Provisional)

each$_________

5.00$___________

91 / SS Adjustment of Toronto Hydro maintenance Hole, up to 450 mm

each$_________

2.00$___________

92 / SS Adjustment of Bell Canada maintenance hole, up to 450 mm

each$_________

5.00$___________

93 TS 1.00 / TS 310

Construct temporary asphalt sidewalk / walkway with HL 3 - 75 mm thick

m2$_________

385.00$___________

94 TTS 816 Supply and apply, field reacted polymeric permanent pavement markings as detailed on contract drawings

lump sum

$_________ 1.00

$___________


1.00$55,000.00

Total For Part D Road and Sidewalk work


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Specification





Total Per Item

Summary of Tender Total

Part A General Items

Part B Watermain and Large Services

Part C Water Services

Part D Road and Sidewalk work

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".


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SS.4.0 Construction Survey and Layout

Special Provision No. GN126S01 May 2013

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:

1. staging of construction;

2. layout sequencing, optimum location and preservation of all reference points; and

3. 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.

Section 4A - Special Specifications

Addendum No. 1, TCN 86-2016

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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:

1. all control and sub-control points;

2. all horizontal and vertical stations;

3. layout/offset points;

4. grade sheets and field notes; and

5. 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).

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. No payment for the survey and layout services will be made until the grade sheets are received and deemed acceptable by the Contract Administrator.

Section 4A - Special Specifications


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Section 6 – Contract Execution Package Form of Agreement

Tender Call No. 86-2016 Contract No. 16ECS-TI-19SP

ECS Linear Rev. 5.12 Page 6-2

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 Watermain Replacement on Queen Street West from Bathurst Street to Spadina Avenue, including Water Services, Partial Road Resurfacing and Road Reconstruction. (hereinafter referred to as the “Project”), being Tender Call No. 86-2016, Contract No. 16ECS-TI-19SP 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 AND WHEREAS at its meeting held on [ enter date ], the Bid Committee adopted the recommendations of the Report of the Executive Director of Engineering & Construction Services Division and the Director, 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; 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,


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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 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.

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


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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

(a) 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;

(b) 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 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

(c) 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


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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 on any account whatever; 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. 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


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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 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.


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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:

a) this Form of Agreement; b) Addenda; c) Pricing Form, which forms part of the Bid; d) Special Specifications; e) Contract Drawings; f) Standard Specifications; g) Specific Conditions; h) General Conditions; i) Working Drawings;

Later dates shall govern within each of the above categories of documents. 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 ) )

) ) Executive Director, ) Engineering & Construction Services

APPROVED AS TO FORM

Confirmed by Division Head:

Authorized by Minute No. [ENTER #] of the Bid Committee on the ______ day of ______________.


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