the city of belleville tender call hoskins road & hoskins …

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THE CITY OF BELLEVILLE

TENDER CALL

HOSKINS ROAD & HOSKINS COURT SIDEWALK REMOVAL AND 1.5 METER ASPHALT

SHOULDER INSTALLATION

CONTRACT NO. EOS-2016-23

It is understood that the Bidder takes responsibility to ensure that all documents have been downloaded properly, that they have received access to all related documents and verified that no documents are missing, and that they have obtained electronic access to all related documents. If a Bidder has obtained this Bid Document from a third party, the onus is on the Bidder to create an account to purchase (if applicable) and register for the project opportunity at the Corporation of the City of Belleville’s (the Owner) website at http://bids.Belleville.ca which will enable the Bidder to download the Bid Document and/or Addenda/Addendum. The onus is unequivocally with the Bidder(s) to ensure that they have received all Addenda posted to this project prior to submission of their Bids, whether they have received notification from the City of Belleville or not.

http://bids.belleville.ca/

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CITY OF

BELLEVILLE

TENDER CALL

PROJECT CONTACTS:

Joe Reid, Supervisor, Road Services

Environmental & Operational Services Department

Telephone - (613) 967-3313 Email: [email protected]

OR

Patrick McNulty C.E.T., Manager of

Transportation, Environmental & Operational Services

Department Tel. (613) 967-3200 Ext. 3319

Email: [email protected]

ENVIRONMENTAL & OPERATIONAL SERVICES DEPARTMENT

TENDER CALL

HOSKINS ROAD & HOSKINS

COURT SIDEWALK REMOVAL AND 1.5 METER ASPHALT


CONTRACT NO. EOS-2016-23 ____________________________________

DATE OF ISSUE:

May 11, 2016

SUBMISSION DATE:

Wednesday, June 1, 2016 @ 1:00 p.m. local time DEADLINE FOR QUESTIONS:

Thursday, May 26, 2016 @4:30 p.m. local time

CLOSING LOCATION Finance Department City of Belleville City Hall, 169 Front Street, Belleville, ON K8N 2Y8 Attn: Christine Fradley, Purchasing Supervisor T (613) 967-3200 – Ext. 3301/3203 F (613) 967-3206 E [email protected]

mailto:[email protected]



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TENDER CALL




CONTENTS OF CONTRACT

Key Data Sheet

Information to Bidders

Form of Tender

Agreement

Bonding (Forms Attached)

Schedule “A” - Special Provisions/Scope of Work

Schedule “B” – Map Schedule “C” Supplemental General Conditions and General Conditions Schedule “D” - City of Belleville Health & Safety Policy

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CORPORATION OF THE CITY OF BELLEVILLE KEY DATA SHEET

TENDER CALL HOSKINS ROAD & HOSKINS COURT

SIDEWALK REMOVAL AND 1.5 METER ASPHALT SHOULDER INSTALLATION

CONTRACT NO. EOS-2016-23 Tender For: City of Belleville, Environmental & Operational Services Department

SCOPE OF WORK: Hoskins Road & Hoskins Court Sidewalk Removal & 1.5 Meter Asphalt Shoulder Installation Project EOS-2016-23

Closing Date: Closing Time:

Wednesday, June 1, 2016 @ 1:00 p.m., local time.

City Contacts:

Name of Contacts: Pat McNulty, Manager of Transportation Tel. (613) 967-3239 Email: [email protected] AND/OR Joe Reid, Supervisor, Roads Services Tel. (613) 967-3313 and Cell: (613) 922-3249 Email: [email protected]

Bids to be delivered to:

Christine Fradley, Purchasing Supervisor City Hall, 169 Front Street Belleville, Ontario, Canada K8N 2Y8 Tel. No. (613) 967-3200 Ext. 3301/3203 E-mail: [email protected] Faxed or electronically sent bids will NOT be accepted.

Completion Schedule

From June 13, 2016 to October 10, 2016.

Award and Execution of the Contract

The award of this tender and or commencement date of construction is subject to approval of City of Belleville Council. The Contractor is advised that the TENDER MAYBE CANCELLED AND THE TENDERER AGREES TO WAIVE ANY RIGHT TO CLAIM ANY DAMAGES OR COST RECOVERIES WHATSOEVER AGAINST THE CITY OF BELLEVILLE, ITS ELECTED OFFICIALS, EMPLOYEES AND AUTHORIZED AGENTS. WITH RESPECT TO THE REVIEW PERIOD THE UNIT PRICE IN THE FORM OF TENDER AND THE AGREEMENT TO BOND SHALL BE BINDING UNTIL SUCH TIME THE CONTRACT IS AWARDED OR CANCELLED.

Bid Deposit: See Chart, Item 11 Mandatory Requirement

and must be submitted with the bid submission.

REQUIRED

Bonding:

Agreement to Bond Mandatory Requirement

and must be submitted with the bid submission.

REQUIRED

100% Performance Bond Mandatory requirement

from the successful bidder upon award.

REQUIRED

50% Labour and Material Bond

Mandatory requirement from the successful bidder

upon award.

REQUIRED




CORPORATION OF THE CITY OF BELLEVILLE

INFORMATION TO BIDDERS

INFORMATION TO BIDDERS CONTRACT ENG2016-23

INFORMATION TO BIDDERS

INDEX

1. Tender Requirements ......................................................................................................... 8

2. Inquiries and Clarifications .................................................................................................. 9

3. Withdrawal Procedure ......................................................................................................... 9

4. Tender Opening ................................................................................................................ 10

5. Preliminary Checking ........................................................................................................ 10

6. Evaluation Criteria ............................................................................................................. 11

7. Reservations by the Corporation ....................................................................................... 11

8. Contract Award ................................................................................................................. 11

9. Tender Irregularities .......................................................................................................... 12

10. Contracts and Agreements ............................................................................................... 14

11. Tender Deposit Required .................................................................................................. 15

12. Bonding Requirements ...................................................................................................... 16

13. Addenda ............................................................................................................................ 16

14. Harmonized Sales Tax (HST) ........................................................................................... 17

15. Sub-Contracting ................................................................................................................ 17

16. Information to be Supplied by Bidders .............................................................................. 17

17. Qualifications of Tenderers ............................................................................................... 17

18. Lobbying ........................................................................................................................... 18

19. Additions/Deletions to the Contract ................................................................................... 18

20. Quantities .......................................................................................................................... 18

21. Tenderer’s Investigations .................................................................................................. 18

22. Liability Insurance ............................................................................................................. 19

23. Liquidated Damages – Completion of Contract ................................................................. 20

24. Warranty Period ................................................................................................................ 20

25. Maintenance Security ........................................................................................................ 21

26. Construction Lien .............................................................................................................. 21

27. Provisional Items ............................................................................................................... 22

28. Ontario Provincial Standards ............................................................................................ 22

29. Contract Administrator ...................................................................................................... 23

30. Constructor ....................................................................................................................... 23

31. Occupational Health and Safety Act .................................................................................. 23

32. Workplace Safety Insurance (WSIB) ................................................................................. 24

33. The Accessibility for Ontarians with Disabilities Act, AODA 2005 ..................................... 25

34. Time .................................................................................................................................. 25

35. Payments and Interest ...................................................................................................... 25

36. Fair Wage and Hours ........................................................................................................ 25

37. Governmental Requirements ............................................................................................ 26

38. Work on Saturdays, Sundays, Statutory and Corporation Holidays .................................. 26


39. Workmanship .................................................................................................................... 26

40. Deffective Work and Materials .......................................................................................... 26

41. Occupancy of the Works ................................................................................................... 26

42. Acceptance ot the Work .................................................................................................... 26

43. Provisions for Traffic Control and Signing ......................................................................... 27

44. Weighing of Material ......................................................................................................... 27

45. Material Samples .............................................................................................................. 28

46. Testing Materials ............................................................................................................... 28

47. Soft Spots ......................................................................................................................... 28

48. Protection of Adjacent Structures ...................................................................................... 28

49. Utilities .............................................................................................................................. 28

50. Other Contractors .............................................................................................................. 29

51. Garbage Collection ........................................................................................................... 29

52. Workplace Hazardous Material Information System (WHMIS) .......................................... 29

53. Spills Reporting ................................................................................................................. 29

54. Erosion and Sediment Control .......................................................................................... 30

55. Contractors Conduct ......................................................................................................... 30

56. Indemnification .................................................................................................................. 30

57. Limitation of Liability .......................................................................................................... 31

58. Freedom of Information ..................................................................................................... 31

59. Submission Label .............................................................................................................. 31


1. TENDER REQUIREMENTS Tenders are required to conform to conditions listed below and those failing to do so may be subject to disqualification. All tenders must be submitted to the attention of Christine Fradley, Purchasing Supervisor at: City Hall 169 Front Street, 1st Floor Belleville, ON K8N 2Y8 The Corporation tender return submission label as provided in the Tender document must be used. Failure to submit your response with the submission label provided in the bid document will result in rejection of the bid. Bids will be received until 1:00 p.m., local time, as recorded by the time clock located on the counter in the Finance Department (which time will be deemed to be taken as conclusive of the time), and bids received after the Tender Closing Date and Time will not be considered. The Tender must be legible, written in ink or by typewriter and ALL ITEMS MUST BE BID, where stipulated, with the unit price for every Item and other entries clearly shown.

The Bid must not be restricted by a statement added to the Tender Form or a covering letter, or alterations to the Tender Forms provided by, (unless requested by). Adjustments by telephone, facsimile or letter to a Tender already submitted will not be considered. A Bidder desiring to make adjustments to a Tender must withdraw the Tender and/or supersede it with a later Tender Submission. The Tender Form must be signed in the space provided on the form, with the signature of an authorized signing officer of the Organization bidding. If a joint bid is submitted, it must be signed on behalf of each of the Bidders and if the signing authority for both Bidders is vested in one individual, he shall sign separately on behalf of each Bidder. In the case of an incorporated company, the Corporate Seal must be affixed to the Tender Form or a signing officer must sign with the statement “I have the authority to bind”. Erasures, overwriting or strike-outs must be initialled by the person signing on behalf of the Organization bidding. The Tender shall be accompanied by an Agreement to Bond, Declaration of Truth, Statements “A”, “B” and “C” and a Tender Deposit in the form of a certified cheque, bid bond, or cash made payable to the Corporation of the City of Belleville equal to or greater than the amount specified in the Tender, AND MUST BE ENCLOSED IN THE SAME PACKAGE AS THE TENDER.

The number of bids received and the names of Tenderer(s) are confidential, and shall not be divulged prior to the Tender opening. However, the number of Tender packages released is Public

information. It is understood that by completing and submitting a bid for this Tender the Tenderer

agrees to public release of their name and Tender information.

The Corporation assumes no responsibility or liability for any cost incurred by the Tenderer in the

preparation or submission of Tenders, site inspections, demonstrations, or any other services that

may be requested as part of the evaluation process.


2. INQUIRIES AND CLARIFICATIONS

It is the Tenderer’s responsibility to clarify interpretation of any item on the specifications and/or other Tender documents, before the close of the Tender, by contacting the person(s) identified on the Key Data Sheet. All questions relating to the Tender must be in writing and delivered, faxed or E-Mailed as directed above. No verbal interpretation will be effective to modify any component of the Tender or Contract. Only interpretations and clarifications, which are provided in writing by the above-mentioned, will be considered valid. Any inquiry or clarification which results in a modification to the Tender will be issued as an addendum by the Purchasing Supervisor to all parties as recorded on the record of Tenders distributed. Any Addenda, if required, will only be issued to those Bidders who have pre-registered and purchased the document (if applicable) as a Plan Taker on the City’s website. Those who download the document from the City website and register as a Plan Taker will receive an electronic notification that an addendum has been posted to the website. The City’s website is https://bids.belleville.ca and it will be the bidder’s responsibility to check the website for updates. The submission of a Tender shall be deemed proof that the bidder has satisfied himself as to all the provisions of the Tender, all conditions which may be encountered, what goods and services he will be required to supply, or any other matter which may enter into the carrying out of supply of goods and services referred to in the Tender, and no claims will be entertained by the Corporation based on the assertion by the bidder that he was uninformed as to any of the requirements of this Tender. It is understood that the Bidder takes responsibility to ensure that all documents have been downloaded properly, that they have received access to all related documents and verified that no documents are missing, and that they have obtained electronic access to all related documents. If a Bidder has obtained this Bid Document from a third party, the onus is on the Bidder to create an account to purchase (if applicable) and register for the project opportunity at the Corporation of the City of Belleville’s (the Owner) website at http://bids.belleville.ca which will enable the Bidder to download the Bid Document and/or Addenda/Addendum. The onus is unequivocally with the Bidder(s) to ensure that they have received all Addenda posted to this project prior to submission of their Bids, whether they have received notification from the City of Belleville or not. Should a bidder discover any errors or omissions in the Tender, they shall notify the Corporation so that clarification can be made to all bidders.

3. WITHDRAWAL PROCEDURE

A Tenderer who has submitted a Tender may request that the Tender be withdrawn. The withdrawal will be allowed if the request is made by mail, facsimile or in person, directly to the Purchasing Supervisor or their designate, before the closing time. The withdrawal request must be signed by an authorized signing officer of the bidder. When a withdrawal request is made in person, the requestor shall sign a withdrawal form confirming the request. When requests are made by mail or fax, they shall be confirmed by telephone prior to acceptance. (Telephone requests will not be considered). Tenders confirmed as withdrawn prior to closing time shall be returned unopened.

https://bids.belleville.ca/

http://bids.belleville.ca/


The withdrawal of a Tender does not disqualify a Tenderer from submitting another Tender on the same Contract providing it is submitted prior to closing date and time. Withdrawal requests received after the Tender closing time will not be allowed; however, when several Contracts are opened at the same opening, at the conclusion of the opening of one Contract and prior to the opening of another, the low Tenderer may withdraw any of their remaining entries. Tenders withdrawn under these procedures cannot be reinstated even if, following the checking procedure, it is found that the Tenderer was not the lowest.

4. TENDER OPENING

Tender opening shall be conducted in a public forum, and shall take place as soon as practical after the closing time. The Tender description, names of Tenderer(s) submitting bids, and total bid amounts will be announced; however no other Tender information will be released. When Tenders have been opened and sorted, the Purchasing Supervisor or their designate shall check the number of Tenders opened to ensure that all Tenders received are accounted for. If a discrepancy occurs, the Tender opening proceedings shall be delayed until all Tenders have been accounted for. When all Tenders have been accounted for, the Purchasing Supervisor or their designate shall announce for each Contract: the Contract name, the Contract number, the number of bids received, and the name of the Tenderer(s). During the reading out of Tenders, the Purchasing Supervisor or their designate shall check for more than one Tender under the same name. If two Tender packages for the same Contract are received in the same bidder’s name and are both properly submitted, the package containing the lower Tender amount shall be considered the intended bid and shall be processed within the normal manner.

5. PRELIMINARY CHECKING

Initially all Tenders shall be checked by the Purchasing Supervisor or their designate to ensure that; The Tender Form is properly signed; The correct Tender Form and submission label to be used; Each Tender package with submission label has the time and date recorded prior to the closing

time; The deposit (when applicable) is sufficient and in an acceptable form; Each item on the Tender has been bid (unless the Tender specifically permits otherwise); The Tender is free of restrictions or alterations unless requested by the Corporation; and All other Tender requirements have been met. Tenders which do not conform to Tender requirements or which require mathematical correction shall be deemed “Improper Bids” and dealt with as set out in Tender Irregularities. The Tenders will be assessed for completeness and suitability to requirements based upon the information provided by the Tenderer in their submission. Tenderer(s) may be contacted to clarify any items and may be required to attend an interview. Further discussions and demonstrations of capabilities may be required at that stage. Based upon the analysis of the Tenders, subsequent discussions and reference checking, a final ranking of Tenderers will be established.


6. EVALUATION CRITERIA

The award of this Tender is subject to the availability of finances and the review and approval by Environmental & Operational Services Department and the Corporation’s Council. Any of these parties may elect not to approve the award of this Tender for any reason. Provided that at least one of the Tenders received meets the Tender submission requirements an evaluation of the accepted bids shall be completed using the following criteria, which are not in any particular order, as well as any other criteria outlined in Tender specifications. The availability of funds to complete the task The required expertise, including professional qualifications and experience of the Contractor and

all Sub-Contractors specified. A demonstration of a thorough knowledge and understanding of the scope of work. A demonstration of specific related experience relative to the nature of the Tender call. Record of past performance with the Corporation. Past performance with other municipalities preferably in the Ontario marketplace, providing

similar services. Record of past performance with provincial and federal regulatory agencies including; but not

limited to, Technical Standards and Safety Authority, Electrical Safety Authority, Quinte Conservation, Ministry of the Environment of Ontario, etc.

Ability and experience to perform in accordance with the Terms of the Call for Tender.

7. RESERVATIONS BY THE CORPORATION

The Corporation reserves the right to accept or reject any bids in whole or in part; and to waive irregularities and omissions, if in so doing, the best interests of the Corporation will be served. No liability shall accrue to the Corporation for its decision on this regard. The Contractor is hereby notified that the Director of Environmental & Operational Services Department may delete any works under this Contract deemed not necessary. The Contractor will have no claim against the Corporation as a result of such a reduction in the works. The Corporation is not obligated to award a Contract to any Tenderer pursuant to this Tender. Tenderer(s) expressly waive any right to make any claim against for any matter arising from the exercise of its right under this clause. The placing in the mail or delivery to the Tenderer’s shown address given in the Tender of a notice of award to a Tenderer by the Corporation shall constitute notice of acceptance of the Contract by the Corporation to the extent described in the notice of award.

8. CONTRACT AWARD

Based on the evaluation criteria a recommendation on Contract award will be prepared and presented to the Corporation’s Council for approval. Council shall review the recommendation and make an award. Council must ratify the recommendation.


Where two or more responsible bidders have submitted bids and have scored the same and that score is the best score bid by the responsible bidders, bidders shall be advised in writing by the Purchasing Supervisor that the Tender to be recommended for acceptance will be decided by means of a draw. The names of the bidders in question shall be placed in a container and the name of the bidder who’s Tender shall be recommended for acceptance shall be drawn in the presence of at least two witnesses. Should any bidder elect not to be represented at the draw, the draw will proceed regardless. By responding to this Tender call, Tenderer(s) accept the terms and conditions outlined in this Tender call and that the decision of the Corporation’s Council is final and binding and will not be subject to review. The Corporation reserves the right to accept or reject all or any portion of the Tender, as may be in the best interests of the Corporation. On approval of the Tender, the Purchasing Supervisor or their designate shall immediately send a Notification of Acceptance to the successful Tenderer advising them that their bid has been accepted and advising when the documents will be available for execution. If a Contract has been awarded and the successful bidder fails to provide acceptable securities within the specified time, additional time may be granted to do so. Where a successful bidder fails to provide acceptance securities after such time has expired or where a successful bidder indicates that he will not perform the Contract, with the concurrence of the affected Department Head and the Chief Administrative Officer, one of the following may be recommended to Council. That the Tender be awarded to the next highest bidder; or That the competition be cancelled. In either case, the deposit of the successful bidder shall be forfeited. If a Contract is awarded to the alternate bidder, their deposit cheque shall be retained until they sign the Contract. If the alternate bidder fails or declines to execute the Contract, if awarded to them, their deposit shall be forfeited.

9. TENDER IRREGULARITIES

Tender irregularities will be dealt with as specified below:

Irregularity

Response

Late bids Late bids will not be accepted and will be returned unopened. Bids will be deemed to have been received when the package has been stamped with the time and date of receipt by the Purchasing Supervisor or their designate.

Specified Tender submission

label not used or package not sealed

Optional rejection at discretion of City


Bids not completed in ink or by typewriter

Automatic rejection

Original ink signature missing from signature page(s)

Automatic rejection

Qualified bids (bids qualified or restricted by an attached or added statement)

Automatic rejection, unless specified and allowed for in the Tender

Bids received on documents other than those provided in the Tender

Automatic rejection

Agreement to Bond a) signature of bidder and/or

bonding company missing

b) not in the form specified c) not provided.

Automatic rejection Automatic rejection Automatic Rejection

Tender Deposit

a) Not provided or not in form specified

b) Tender Deposit of insufficient amount

c) Cheque not certified when cheque has been submitted as the Tender Deposit

d) Signature of bidder and/or bonding company missing when Bid Bond submitted

Automatic rejection Automatic rejection Automatic rejection Automatic rejection

Addendum not signed and submitted with bid submission

Optional rejection at discretion of City

Declaration of Truth not fully completed or not signed and/or submitted with the Form of Tender

Automatic rejection

Incomplete bids (all items not bid)

Automatic rejection, unless allowed for in the Tender

Bids containing minor clerical errors

Bidders may be allowed a reasonable time to correct and initial errors. The Corporation reserves the right to waive initialling and accept Tender or reject the Tender. The Corporation shall determine what is “minor” in its sole discretion.


Uninitialled changes to the bid

documents which are minor (e.g. Tenderer’s address is amended by over-writing but not initialled)

Bidders may be allowed a reasonable time to correct. The Corporation reserves the right to waive initialling and accept Tender.

Unit prices in the Itemized Bid have been changed but not initialled

Bidders may be allowed a reasonable time to correct. The Corporation reserves the right to waive initialling and accept Tender.

Other mathematical errors which

are not consistent with unit prices

Unit prices shall govern and the Tender will be corrected accordingly. The Corporation reserves the right, in its sole and absolute discretion, to correct the mathematical error(s) and accept Tender as corrected.

Failure to return the documents

as specified Where complete documents are specified,

automatic rejection

Isolated pages are missing Where the missing pages would not otherwise be associated with any other irregularity identified, the Bidder may be allowed a reasonable time to supply the missing pages where in the opinion of the Corporation, the missing page(s) would not directly affect the bid submitted. The Corporation reserves the right to waive the extra pages and accept the Tender, or to reject the Tender outright.

Withdrawal of bids Withdrawal of bids after the closing time will not be

allowed.

Tie bids

The “designated official” shall use a draw to select a recommended bid as the method of dealing with tied bids.

Statements A, B, and C Missing document(s) shall be automatic rejection

Incomplete or unclear Statement “A” or “B” may be allowed reasonable time to correct at the option of the City

Statement “A” or “B” when marked “N/A”, “n/a” or left blank shall be automatic rejection.

Statement “C” if unsigned or marked “N/A”, or marked “not applicable”, or left blank shall be automatic rejection.

Statement “C” if incomplete may be allowed a reasonable time to provide the missing information at the option of the City.

10. CONTRACTS AND AGREEMENTS

When the Contract has been accepted, the successful Tenderer will be allowed ten (10) days from the date of Notification of Acceptance of this Tender to file with the Corporation the complete


Performance Bond and Labour and Material Payment Bond as specified in the "Bonding Requirements" section, a valid Certificate of Insurance as specified in the "Liability Insurance" section, a valid and current "Clearance Certificate" from the Workplace Safety and Insurance Board and an executed form of Agreement for the performance of the work. The entire text of the Tenderer’s Tender and all accompanying documentation, claims, representations and arrangements presented by the Tenderer, relevant to the Tender, may be incorporated into and form part of the Contract. No oral representations should be assumed to be incorporated in the Contract Documents. Tenderers are cautioned that information should not be submitted that couldn’t be incorporated into the agreement. The failure of either party at any time to require performance by the other party of any provision hereof shall in no way affect their right thereafter to enforce such provision or to seek damages for the breach thereof. The Bidder agrees that the rights of all parties shall be governed by the laws of Ontario. It is agreed between the parties that neither party shall be held responsible for damages caused by delay or failure to perform their undertakings hereunder when such delay or failure is due to fires, strikes, floods, acts of God or the Queen’s enemies, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.

11. TENDER DEPOSIT REQUIRED

The Tender shall be accompanied by a Tender Deposit in the form of a certified cheque, bid bond, or cash, made payable to the “Corporation of the City of Belleville”. The Tender deposit MUST BE ENCLOSED IN THE SAME PACKAGE AS THE TENDER. A Tender, which does not comply with these requirements, shall be considered an improper Tender and may be rejected. The deposit requirements for this Contract shall be as follows: TOTAL TENDER AMOUNT MINIMUM DEPOSIT REQUIRED (including applicable taxes) 20,000.00 or less l,000.00 20,000.01 to 50,000.00 2,000.00 50,000.01 to 100,000.00 5,000.00 100,000.01 to 250,000.00 l0,000.00 250,000.01 to 500,000.00 25,000.00 500,000.01 to 1,000,000.00 50,000.00 1,000,000.01 to 2,000,000.00 100,000.00 2,000,000.01 to 5,000,000.00 200,000.00 5,000,000.01 and over 500,000.00 If the Tenderer chooses to use a Bid Bond, they shall use a CCDC 220 form, a copy of which is included in the Form of Tender documents. All Tender deposits except those submitted by the two (2) lowest bidders will be released upon

examination of the Tenders for completeness, and a recommendation has been made regarding the

Tender to be accepted.

The Tender Deposits of the (2) two lowest bids shall be released by the Treasurer or their designate,

not later that (5) five days after the Contract has been executed.


The Contractor is advised that the following procedure must be completed prior to release of the two lowest bid deposits:

Examination for bid completeness

Review by Engineering and Development Services Department

Review by Purchasing Supervisor

Approval by the Corporation’s Council

Signing by the Contractor

Signing by the Mayor and the Corporation’s Clerk or their designate(s)

12. BONDING REQUIREMENTS

The Agreement to Bond shall be binding for SIXTY (60) days from the closing date of the Tender. A Performance Bond for 100% of the Total Tender Amount, issued by an approved Guaranty Company on the Bond Form, CCDC 221, a copy of which is included in the Tender form documents, must be furnished by the Contractor when the Contract is signed. A Labour and Material Payment Bond for 50% of the Total Tender Amount, issued by an approved Guarantee Surety Company, on the bond form CCDC 222, a copy of which is included in the Tender form documents, must be furnished by the Contractor when the Contract is signed.

13. ADDENDA

If Tender documents require revisions, or an extension of the closing date or cancellation of the competition is necessary, then the following procedure shall be used:

a) Questions during Bidding (deadline for questions).

Should Bidders have any questions or need further clarification, he/she should contact the City’s representative named in this document. Questions will only be received until 4:30 p.m. on Thursday, May 26, 2016 to enable the City to prepare an addendum (if any). Questions received after 4:30 p.m. on Thursday, May 26, 2016, may not be acknowledged nor answered.

Refer all questions to the following e-mail address(s):

Joe Reid, Supervisor, Road Services Environmental & Operational Services Dept. Email: [email protected]

Also a copy of all questions must be emailed to: Purchasing Services Email: [email protected]

Any inquiry or clarification which results in a modification to the Tender will be issued as an addendum by the Purchasing Supervisor to all parties as recorded on the record of Tenders distributed. Any Addenda, if required, will only be issued to those Bidders who have pre-registered as a Plan Taker on the City’s website. Those who download the document from the City website and register as a Plan Taker will receive an electronic notification that an addendum has been posted to the website. The City’s website is https://bids.belleville.ca and it will be the bidder’s responsibility to check the website for updates.



https://bids.belleville.ca/


14. HARMONIZED SALES TAX (HST)

The Contractor shall not include the Harmonized Sales Tax (HST) in the unit prices bid; but rather HST shall be identified separately in the location identified in the Form of Tender and included in the Total Tender Amount. Bidders are advised that they must provide their HST Registration Number and the HST on each billing is to be separately disclosed. For any additional works to the Contract, the HST is not to be included in the unit and lump sum prices but is to be added after the subtotal is complete.

15. SUB-CONTRACTING

The selected Tenderer, who has signed a Contract with the Corporation, shall be considered to be the Prime Contractor and shall keep the operation totally under their control and shall not assign, transfer or Sub-Contract any portion without the written approval of the Corporation and only under exceptional circumstances shall the Corporation approve the assigning, transfer or Sub-Contracting of more than 49% of the Total Tender amount. The consent of the Corporation for such assignment or Sub-Contracting shall not relieve the Prime Contractor from completion of the project in accordance with the terms of the Contract. Where a Tenderer submits a joint Tender or proposes a partnership arrangement, the Tenderer must assume the lead or Prime Contractor position. As such, the Tenderer will have the overall responsibility for completing the project as proposed.

16. INFORMATION TO BE SUPPLIED BY BIDDERS

In order to aid in determining the responsibility of each Tenderer, the Tenderer shall complete the following statement sheets, which are included in the Tender form documents. Statement “A” The Tenderer shall State their experience in similar work, which has been

successfully completed. Statement “B” The Tenderer shall give a list of the Tenderer’s senior supervisory staff that will be

employed in this Contract, with a summary of the experience of each. Statement “C” The Tenderer shall give the name and address of each proposed Sub-Contractor

used in making up their tender and shall state the portion of the work allotted to each. Only one Sub-Contractor shall be named for each part of the work to be sublet.

After the Tender has been accepted by the Corporation, the Contractor shall not be allowed to substitute other Sub-Contractors in place of those named in their Tender. Notwithstanding the above, the Contractor may request changes to the sub-contractor(s) specified in Statement “C” of their tender; however the final acceptance of any change shall be at the sole and absolute discretion of the Corporation which shall be provided in writing.

17. QUALIFICATIONS OF TENDERERS

The Corporation expects that all Tenderers will be able to furnish satisfactory evidence that they have the ability, experience, capital and plant to enable them to prosecute and complete the Contract successfully. Contractors must be authorized to do business in the Dominion of Canada.


18. LOBBYING

In order to ensure fairness to all Tenderers, the City must endeavour to prevent unfair advantage created by lobbying. Therefore, the City reserves the right to reject the Tender submission, at its sole discretion, any Tenderer engaging in lobbying in connection with a competitive bidding process between a date that is no later than the date of issue of the Tender and the date of signing of a contract between the City and the Successful Tenderer. Lobbying may include any activity that the City, in its sole discretion, determines has or may give an unfair advantage to one Tenderer relative to other Tenderers. Without limiting the foregoing, lobbying may include:

a) Verbal or written communication with or to any City staff other than those identified as contacts in this document.

b) Verbal or written communication with or to any City Council member or the members of Council of its member municipalities.

c) Verbal or written communication with or to the Member of Parliament, Members of Provincial Parliament or any related government ministries.

d) Verbal or written communication with or to any staff of the Premier’s Office, Cabinet Office or any other member of Cabinet or equivalent federal counterpart.

e) Direct or indirect requests by the Tenderer to any person, organization or group to provide a written or verbal expression of support not required by this competitive bidding process to any member of City staff or Council.

f) Verbal or written communication with or to media organizations.

g) direct or indirect offers of gifts of any kind or value to any City representative or personnel.

19. ADDITIONS/DELETIONS TO THE CONTRACT

The Contractor is hereby advised that any or all PARTS or ITEMS of the Contract may be deleted without claim by the Contractor for additional compensation, other than that provided for in the General Conditions or applicable section of the Special Provisions for this Contract.

20. QUANTITIES

The quantities set out in the Form of Tender, are approximate only and are given to serve as a basis for estimation and Tender comparison purposes only. Payments will be made for the actual measured quantities of work performed in accordance with the Contract. The Contract Administrator reserves the right to add and/or delete quantities to/from Tender items in the Contract without claim by the Contractor for additional compensation other than that provided for in the General Conditions or applicable section of the Special Provisions for this Contract.

21. TENDERER’S INVESTIGATIONS

Tenderers must satisfy themselves by personal examination of the location of the proposed works, or by such other means as they themselves may prefer, as to the actual conditions encountered and requirements of the work.


22. LIABILITY INSURANCE

The Contractor is referred to OPS GC 6.0 INSURANCE PROTECTION AND DAMAGE, and the Corporation’s Supplemental GC 6.0. Notwithstanding OPS GC 6.0 and the Corporation’s Supplemental GC 6.0, the successful Tenderer shall have in effect and maintain for the period of the Project at its own expense with insurers acceptable to the City all necessary insurance considered appropriate for a prudent contractor undertaking a project similar to this Project including such of the following types of insurance as the City may elect:

a) Commercial General Liability Insurance in the joint names of the Contractor and the City shall consist of a Comprehensive Policy of Public Liability and Property Damage Insurance with limits of not less than Five Million ($5,000,000.00) Dollars inclusive per occurrence. Such Insurance shall name the Owner as an additional insured thereunder and shall be endorsed to include a Cross-Liability Endorsement with a Severability of Interest Clause, premises and Operations Liability, Blanket Contractual Liability, Products/Completed Operations Liability, Personal Injury Liability, contingent Employers Liability and Owner’s and contractors Protective Liability, including loss of use thereof, the policy SIR/deductible shall not exceed $100,000 per claim and the aggregate shall be double the required per occurrence limit.

b) Automobile Liability Insurance in respect of licensed vehicles with limits of not less than Five Million ($5,000,000.00) Dollars inclusive per occurrence for bodily injury, death and damage to property, including standard automobile policy and standard contractual liability endorsement with standard owner’s form automobile policy providing third party liability and accidental benefits insurance and covered licensed vehicles owned or leased by or on behalf of the Contractor;

c) The policy shall provide that in the event of loss or damage, payment shall be made to the City and the Contractor jointly or as their respective interest may appear;

d) The Contractor will be responsible for deductible amounts under the policies;

e) Contractor’s Equipment and Property Insurance; the Contractor shall provide and maintain Broad Form Contractors’ Equipment and Property insurance during the term of the Agreement, providing coverage for construction machinery, equipment, tools and stock owned or in its care, custody or control that will be used by the Contractor for the performance of the Work.

f) All policies shall name the City as an additional insured;

g) The Contractor shall deliver all other insurance as reasonably required by the City. Certificate of Insurance

Before beginning the project, the successful Tenderer shall provide to the City a valid Certificate of Insurance and any replacements thereof that references the project and confirms the coverage’s identified above naming the City as an additional insured. The successful Tenderer shall provide the City with a copy of the Policy if requested by the City and any renewal or replacement Certificates as may be necessary. Certificates shall state that coverage will not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days’ written notice (15 days, in the case of automobile liability insurance, and 10 days in the event of non-payment of premiums) by certified mail to the Owner.


Environmental Impairment Liability The successful contractor and each and every sub-contractor (if applicable) shall, for the term of the contract, keep in effect with insurers licensed to carry on business in the Province of Ontario, a Policy of Insurance, providing as a minimum the following:

a) $2,000,000 per claim and annual aggregate protection against Liability Imposed by law resulting from Environmental Damage of a sudden and accidental nature; also known as Limited Pollution Liability Coverage. Such coverage shall not be subject to a deductible in excess of $25,000.00;

b) Certificates of Liability to be provided allowing thirty (30) days’ notice to the City in the event of Cancellation or non-renewal of such policy;

c) Include the separation of insured clause, and;

d) Certificates to name The Corporation of The City of Belleville and any applicable boards or commissions as additional Insured’s with respect to the work performed;

e) Such coverage shall be maintained in effect continuously through the term of the contract and to be renewed for three (3) years after project completion and a Certificate of Insurance evidencing renewal filed with the City.

23. LIQUIDATED DAMAGES – COMPLETION OF CONTRACT

It is agreed by the parties to the Contract in the event that all the work called for under the Contract is

not finished or completed within the number of working days or completion date set forth in the

Tender Documents, damage will be sustained by the Corporation and that it is and will be

impracticable and extremely difficult to ascertain and determine the actual damage which the

Corporation will sustain in the event of and by reason of such delay and the parties hereto agree that

the Contractor will pay to the Corporation the sum of $500.00 per day on Contracts up to

$500,000.00 and $1,000.00 per day on Contracts over $500,000.00 for liquidated damages for each

and every calendar days delay in finishing the work in excess of the number of working days or

completion date prescribed by the Contract and it is agreed that this amount is an estimate of the

actual damage to which will accrue during the period in excess of the prescribed number of working

days or completion date.

The Corporation may deduct any amount due under this paragraph from any monies that may be

due or payable to the Contractor on any account whatsoever. The liquidated damages payable under

this paragraph are in addition to and without prejudice to any other remedy, action or other alternative

that may be available to the Corporation.

24. WARRANTY PERIOD

The Contractor guarantees and warrants that with ordinary wear and tear the said work shall, for a period of twenty-four (24) months, unless otherwise specified, from the date of Completion as set out in the Certificate of Completion, remain in such condition as will meet the approval of the Corporation, and that upon being required by the Corporation, make good in a manner satisfactory to the Corporation any imperfections therein due to materials used in the construction thereof or workmanship. The decision of the Corporation as to the nature, extent and cause of such imperfections and the necessity for remedying the same shall be final.


Should the Contractor fail to comply with the directions of the Corporation, the latter may, after giving the Contractor twenty-four (24) hours written notice, perform the necessary work, and in the event of an emergency the Corporation may without notice perform the necessary work and the cost of all such work in either event may be deducted or collected by the Corporation.

25. MAINTENANCE SECURITY

A Maintenance Security Holdback will be retained progressively, commencing on the first Payment Certificate, from monies that would otherwise be payable to the Contractor. The maximum value of the Maintenance Security Holdback shall be as follows: TOTAL AMOUNT OF BID MINIMUM DEPOSIT REQUIRED 100,000 or less 5% 100,000.01 to 500,000 3% 500,000.01 and over 2% The maximum Maintenance Security Holdback will be held commencing on the issuance of the Completion Payment Certificate. The amount withheld on Payment Certificates prior to the Completion Payment Certificate will be based on the percentage of work completed. Where additional work is added to the Contract after the closing of Tenders the Contract Administrator shall withhold additional Maintenance Security to cover such additional work, if such additional security is deemed to be in the Corporation’s best interests. The retained amount is strictly to be used as a Maintenance Security and is in addition to the Statutory Holdback and the Guaranteed Maintenance provided by the Contractor’s Performance Bond and any monies withheld due to known incomplete and/or deficient work. Except as otherwise provided hereunder, the Maintenance Security, less any deductions made there from as provided for in the Contract, shall be paid to the Contractor following the issuance by the Contract Administrator of the Final Acceptance Certificate at the end of the warranty period.

26. CONSTRUCTION LIEN

The Contractor shall give the Corporation’s Clerk notice and a copy of such notice to the Corporation’s Engineer, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or their agents. When a claim for lien is filed by a Sub-Contractor, labour or material supplier or equipment renter, the Contractor agrees and shall forthwith pay to the Corporation, its reasonable legal fees incurred in connection therewith on a solicitor and their own client basis together with all interest, costs and expenses incurred by the Corporation and such remedy shall be in addition to any other remedy available to the Corporation under the terms of the Contract Documents. Where any lien claimant asks from the Corporation the production for inspection of the Contract Documents or the state of the accounts between the Corporation and the Contractor, the Contractor shall be liable for an administration fee of up to Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract Documents, or both, as the case may be.


Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Corporation from reasonable legal fees on a solicitor and their own client basis incurred in appearing on such an application and in addition agrees to pay to the Corporation its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge. The Contractor acknowledges and agrees that any and all fees, costs, or expenses of any nature whatsoever which are the responsibility of the Contractor under this Clause shall be deductible from monies otherwise payable to the Contractor under the terms of the Contract Documents.

27. PROVISIONAL ITEMS

Any provisional items, which have been included in the Contract, are noted on the Form of Tender by the designation “Provisional”. These items have been included to establish unit prices for work that may be required to complete the Contract and the Contractor shall supply all labour, equipment and materials to complete these items as directed by the Contract Administrator.

28. ONTARIO PROVINCIAL STANDARDS

Ontario Provincial Standard Specifications and Drawings will govern all items in this Contract, unless specified otherwise in the Contract Documents. Only the municipal and provincial common standards in OPS Volumes 1 to 4 and the municipal

oriented specifications in OPS Volumes 7 and 8 apply to this Contract, unless specified otherwise in

the Contract Documents. The Ontario Provincial Standards in effect at the closing date for Tenders for this Contract shall apply for the duration of the Contract unless specified otherwise in the Contract Documents.

All interested Contractors must have access to the latest revised copies of the Ontario Provincial

Standard Specifications (OPSS), Ontario Provincial Standard Drawings (OPSD), and the Ontario

Provincial Standards General Conditions of Contract.

OPS Standards can be accessed online at http://www.ops.on.ca.

Any enquiries regarding the purchase of OPS Standards should be directed to:

Publications Ontario

50 Grosvenor Street

Toronto, Ontario M7A 1N8

Telephone: (416) 326-5300

(416) 325-3408 TTY 1-800-268-7095 1-800-668-9938 TTY

Fax: (416) 325-3407


29. CONTRACT ADMINISTRATOR

The Contract Administrator means the Corporation’s Project Contact or their designate.

30. CONSTRUCTOR

The Contractor shall be responsible for construction health and safety for this project and for compliance with the Occupational Health and Safety Act and Regulations. So as to avoid any misunderstanding as to the extent of the Contractor's responsibility, the Contractor, by executing the Contract unequivocally acknowledges that the Contractor is the Constructor within the meaning of the Act.

31. OCCUPATIONAL HEALTH AND SAFETY ACT

a) The Contractor, for purposes of the Ontario Occupational Health and Safety Act, shall be designated as the Constructor for this project and shall assume all of the responsibilities of the Constructor as set out in that Act and its regulations.

b) The Contractor acknowledges that it has read and understood the Occupational Health and Safety Act together with the Contractor’s Health and Safety Policies and Procedures.

The Contractor covenants and agrees to observe strictly and faithfully the provisions of the said Occupational Health and Safety Act and all regulations and rules promulgated there under together with the Contractor’s Health and Safety Policies and Procedures.

The Contractor agrees to indemnify and save the City harmless for damages or fines arising from any breach or breaches of the said Occupational Health and Safety Act and/or the Contractor’s Health and Safety Policies and Procedures.

The Contractor agrees to assume full responsibility for the enforcement of the said Occupational Health and Safety Act and the Contractor’s Health and Safety Policies and Procedures and to ensure compliance therewith.

The Contractor further acknowledges and agrees that any breach or breaches of the Occupational Health and Safety Act and/or the Contractor’s Health and Safety Policies and Procedures whether by the Contractor or any of its sub-contractors may result in the Contractor and/or sub-contractor being removed from the site and in the immediate termination of this contract herein and the forfeiture of all sums owing to the Contractor by the City.

The Contractor shall allow access to the work site on demand to representatives of the City to inspect work sites to ensure compliance with the Contract.

The Contractor agrees that any damages or fines that may be assessed against the City by reason of a breach or breaches of the Occupational Health and Safety Act by the Contractor or any of its sub-contractors will entitle the City to set-off the damages so assessed against any monies that the City may from time to time owe the Contractor under this contract or under any other contract whatsoever.

Where any portion of the work or services in this Contract is contracted to a sub-contractor, the Contractor agrees that the provisions of this section will apply to the sub-contractor and the Vendor will enforce said provisions.


The Contractor shall provide a list of all controlled hazardous materials or products containing hazardous materials, all physical agents or devices or equipment producing or omitting physical agents and any substance, compound, product or physical agent that is deemed to be or contains a designated substance in accordance with the Workplace Hazardous Materials Information System (WHMIS) as defined under the Ontario Occupational Health & Safety Act a. and shall provide appropriate Material Health & Safety Data sheets for these substances used

for the performance of the required work, all prior to the performance of said work. b. Where hazardous materials, physical agents and/or designated substances are used in the

performance of the required work, the Vendor shall ensure that the requirements of the Ontario Occupational Health & Safety Act and associated regulations are complied with.

c. The City reserves the right to cancel any contract for non-compliance with the terms set out

herein, health and safety regulations, the Environmental Protection Act, associated regulations and other applicable legislation.

32. WORKPLACE SAFETY INSURANCE (WSIB)

The successful Vendor is required to protect its employees with Workplace Safety and Insurance Board coverage and a valid Certificate of Clearance indicating the project involved must be provided prior to commencement of any work.

a) The Contractor must submit a copy of a valid and current "Clearance Certificate" from the WSIB with their Tender, or documentation from the WSIB confirming their exemption. This information is available to the Vendor on-line at www.wsib.on.ca.

b) The Contractor, forthwith upon being notified that they are the successful Vendor, shall provide the City with a current and valid “Clearance Certificate” from the WSIB.

c) If the Contractor does not provide a current and valid Clearance Certificate, or proof of exemption, on or before the commencement of the Contract, then at the option of the City, the Contract will be terminated and may be awarded to the next qualified Vendor.

d) During the term of the Contract, the Contractor shall ensure that the City has a current and valid “Clearance Certificate”. The City will not pay invoices unless a current and valid “Clearance Certificate” is provided.

e) The City reserves the right to terminate any Contract in the event there is not a current and valid Clearance Certificate and reserves the right to refuse the Contractor access to the jobsite.

f) The Contractor clearly understands and agrees that they are not, nor is anyone hired by them, covered by the City under the Workplace Safety Insurance Act, Employment Insurance Act, or any other act whether provincial or federal in respect of themselves, their employees and operations, and shall, upon request, furnish the City with satisfactory evidence that they have complied with the provisions of any such Acts.

g) Information on coverage under the Workplace Safety and Insurance Act can be obtained directly from the WSIB. The City is not to be deemed the employer of the Contractor or their personnel under any circumstances whatsoever.

h) The Contractor will file a “Certificate of Clearance” from the WSIB prior to commencing the Contract. Clearance certificates should be renewed every ninety (90) days during the term of the Contract.

http://www.wsib.on.ca/


33. THE ACCESIBILITY FOR ONTARIANS WITH DISABILITIES ACT, AODA 2005

The successful vendor shall comply with the provisions of the Accessibility for Ontarians with Disabilities Act, AODA 2005 and regulations thereto, in effect during the term of this Contract, in respect of all goods or services provided by the successful vendor on behalf of the City. This shall include, but is not limited to, training relating to and ensuring compliance with the policies, practices and procedures of the City respecting the provision of goods and services to person with disabilities, as may be in effect from time to time during the term of the contract. The City of Belleville’s Accessibility Policies and Procedures were approved by council on November 9, 2009 and are available online at: http://belleville.ca/files/1._ACCESSIBILITY_STANDARDS_for_CUSTOMER_SERVICE.2009.12.11.pdf “This document is available in an alternate format upon receipt of a request.”

34. TIME

Time shall be of the essence of the Agreement.

35. PAYMENTS AND INTEREST

The Corporation shall retain 10% of all payments due from Progress Payments Certificates. After the expiration of forty-six (46) calendar days after the date of publication of the Certificate of Substantial Performance, but subject to submission by the Contractor of the required documentation, including a release by the Contractor releasing the Corporation from any further claims relating to the Contract, qualified by stated exceptions such as outstanding work, statutory declarations, clearance certificates from the Workplace Safety and Insurance Board by the Contractor and Sub-Contractors, proof of publication of the Certificate of Substantial Performance, and also Property Owner’s Releases, the Corporation shall pay to the Contractor 97½% of the value estimated by the Contract Administrator, less all amounts previously paid to the Contractor. The remaining 2½% will be paid to the Contractor after the Contractor has agreed to and accepted the quantities as determined by the Contract Administrator as final. Delay by the Owner in making any payments due to the Contractor shall not be deemed that the Owner is in default of contractual obligations. Interest will only be due to the Contractor for any outstanding payments not made after seven months from date of issuance of the Completion Certificate by the Contract Administrator and provided the Contractor has certified that all the payment items including extras are final and correct. Any interest due to the Contractor will be based on 2 percent below the “PRIME RATE” OF THE CHARTERED BANKS OF CANADA.

36. FAIR WAGE AND HOURS

All persons employed by the Contractor and their Sub-Contractors or in connection with the work shall be paid fair wages and shall have hours in conformity with the latest Fair Wage Schedule of the Province of Ontario, for this area in accordance with the Ministry of Labour requirement.

http://belleville.ca/files/1._ACCESSIBILITY_STANDARDS_for_CUSTOMER_SERVICE.2009.12.11.pdf

http://belleville.ca/files/1._ACCESSIBILITY_STANDARDS_for_CUSTOMER_SERVICE.2009.12.11.pdf


37. GOVERNMENTAL REQUIREMENTS

The Contractors shall obey all Federal, Provincial, and Municipal Laws, Acts, Ordinances, Regulations, Orders in Council and By-Laws, which could in any way pertain to the work outlined in the Contract or the Employees of the Contractor.

38. WORK ON SATURDAYS, SUNDAYS, STATUTORY AND CORPORATION HOLIDAYS

The Contractor shall not work on Saturdays, Sundays, Statutory and Corporation holidays which are New Years Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, after noon on Christmas Eve, Christmas Day, Boxing Day and after noon on New Years Eve without written permission from the Contract Administrator unless working on these days is stipulated elsewhere in the Contract. Where the Contractor decides to work, with the Contract Administrator’s written approval, on Saturdays, Sundays or on any of the above-noted holidays the Contractor shall pay the Corporation any costs incurred for providing the supervisory staff deemed necessary by the Contract Administrator.

39. WORKMANSHIP

The Contractor shall employ experienced crews to carry out all work on this Contract. The Contract Administrator may approve samples of workmanship of each crew before the crew can proceed to carry out further work on the Contract.

40. DEFFECTIVE WORK AND MATERIALS

In addition to other requirements in the Contract, if the Contractor should refuse or neglect to remove any defective work or material in accordance with a written notice from the Contract Administrator, such work material may be removed by order of the Contract Administrator, at the Contractor's expense and in addition to any other remedies available to the Corporation to recover the cost and expense of such removal, it may deduct the cost and expense of such removal from any monies due or to become due to the Contractor on any account.

41. OCCUPANCY OF THE WORKS

The use or occupancy of the works or any part thereof by the Corporation shall not be taken in any manner as an acceptance by the Corporation of any work or material not in accordance with this Contract or to relieve the Contractor or their Surety from liability, whether theretofore or thereafter incurred or arising in respect of the observance or performance or any covenant or condition in this Contract not fully performed, whether such covenant or condition be by way of indemnity to the Corporation or otherwise, save to the extent that loss or damage is caused during such use or occupancy by the negligence of the Corporation.

42. ACCEPTANCE OT THE WORK

Notwithstanding other requirements of the Contract, the Contract Administrator shall not accept portions of the work but shall accept the work only when it is entirely completed.


43. PROVISIONS FOR TRAFFIC CONTROL AND SIGNING

The Contractor shall schedule the work in such a manner as to minimize disruptions to the normal flow of traffic. The Contractor should note that the work shall proceed in the same direction as that of the traffic. Traffic control and signing on this Contract shall conform with the most recent revision of the “Ontario Traffic Manual (OTM) Book 7 (Temporary Conditions)” in conjunction with the requirements of the Highway Traffic Act, Ontario Ministry of Labour Regulations, and all Municipal By-Laws. The Contractor shall be required to maintain a minimum of one (1) lane of traffic at all times within the area in which he is actively working and a minimum of two (2) lanes of traffic at times when he is not working including nights and weekends, unless noted otherwise. All intersections shall remain open for at least one (1) lane of traffic in both directions at all times, unless noted otherwise. Where, in the opinion of the Contract Administrator, the Contractor cannot practically maintain two lanes of traffic (one in each direction), the Contractor will be permitted to maintain one lane of traffic provided the traffic is controlled/”flagged” by Traffic Control Persons. Traffic control shall be provided in accordance with the OTM Book 7 and the “Handbook for Construction Traffic Control Persons” 2003 Edition (or the latest revision) issued by the Construction Safety Association of Ontario. The Contractor is hereby advised that “flagging” of traffic with Traffic Control Persons is NOT permitted in signalized intersections. If the Contractor requires traffic control in an operational signalized intersection, the Contractor shall make arrangements for traffic control with Belleville Police Services and the Contractor shall assume all cost of said traffic control at no additional cost to the Contract. No work shall be completed after 12:00 p.m. on Fridays or on the working day preceding a statutory holiday or holiday weekend, without prior consent from the Contract Administrator. Detouring of through traffic will not be permitted. All of the above requirements shall be done at no additional cost to the Contract. Access to local entrances is to be maintained at all times during construction.

44. WEIGHING OF MATERIAL

Where electronic weigh scales are employed at the source of supply, the Corporation shall accept the automatically printed tickets, but reserves the right to check these weights at random at the Corporation’s scales which are located at the Public Works Yards on Wallbridge Crescent. The Contractor is advised that daily spot checks will be performed as directed by the Contract Administrator, on the vehicles, which are hauling asphalt for this Contract. There shall be no additional charges by the Contractor or by the Corporation for this checking. Where a vehicle is hauling material for use on the work under this Contract, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit as specified in the Highway Traffic Act. Whether such vehicle is registered in the name of the Contractor, or otherwise, the Contractor shall bear the onus of the overloaded vehicle. If required by the Contract Administrator, the Contractor shall provide acceptable proof of the legal limits of the vehicles to be used on this Contract.


45. MATERIAL SAMPLES

Before the use of any materials the Contractor shall be required to provide analysis and/or samples of the materials for the Contract Administrator’s approval.

46. TESTING MATERIALS

The Contractor shall note that test results obtained from samples taken by Corporation personnel, or agents authorized by the Corporation shall be the only test results considered by the Corporation. Any test results obtained by the Contractor from sources not previously approved by the Corporation shall not be considered by the Corporation. Where the tests on samples taken by Corporation personnel, or agents authorized by, the Corporation indicate that the material is of substandard quality or strength or not in accordance with the Corporation’s specifications, the Contract Administrator may engage an independent testing agency to ascertain the field quality and/or strength of the material used in the suspect section of the work. All costs for such tests shall be paid by the Contractor or deducted from the monies due to him by the Corporation.

47. SOFT SPOTS

All soft spots will be excavated and backfilled, using surplus excavated material, if approved by the Contract Administrator. Backfill shall be consolidated to 95% Standard Proctor Density. Excavation, and where necessary, granular material and asphaltic concrete, shall be paid in accordance with the Tendered unit prices.

48. PROTECTION OF ADJACENT STRUCTURES

The Contractor shall, in the manner specified, sustain in their places and protect from injury any and all water or gas mains, public or private sewers or drains, conduits, service pipes, sidewalks, curbs and all other structures or property in the vicinity of the work, whether over or underground, or which appear in the excavation and he shall assume all costs and expenses for damage which may be occasioned by injury to any of them. Before excavation commences, the Contractor shall have the location of all underground utilities staked out by the appropriate Utility Company, and may require the utility company to be present for said excavation as required under the Occupational Health and Safety Act.

49. UTILITIES

The attention of the Tenderer is drawn to the presence of utility pole lines, overhead wires, buried cables and gas mains adjacent to and/or on this Contract. Information on the removal or relocation of these utilities and/or protection thereof, may be obtained from the Owner or from the Utility Companies concerned. The Corporation will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract. Additionally, no claims will be considered which are based on delays or inconvenience resulting from unforeseen requirements to undertake additional utility relocation work during construction in order to accommodate proposed underground or surface improvements.


The location and depth of underground utilities as shown on the Contract Drawings, are based on the investigations made by the Corporation, but are approximate only and are not guaranteed by the Corporation. It is the Tenderers responsibility to contact the appropriate Utility Companies for further information in regard to the exact location of all utilities, and to exercise the necessary care in construction operations to take such precautions as are necessary to safeguard the utilities from damage. The Contractor shall be responsible for the required construction measures and related costs associated with the protection of all utilities at the job site during the time of construction. The Tenderer shall ensure that utility service is not disturbed during the course of construction, by reason of the construction. If the Contractor’s operations cause damages to utilities, both overhead and underground, the costs to repair the damages shall be the responsibility of the Contractor.

50. OTHER CONTRACTORS

The Contractor shall co-operate with other Contractors and/or personnel of Utility Companies working on or adjacent to the site. The Contractor and other Contractors and/or personnel of Utility Companies shall be required to delineate their respective work zones in order to comply with the occupational Health and Safety Act.

51. GARBAGE COLLECTION

If the occupation of a street by the Contractor prevents, in the opinion of the Contract Administrator, the Corporation's garbage collector from carrying out the collection of garbage on their regular route, the Contractor shall remove the garbage from the area to the garbage disposal site at no additional cost to the Contract.

52. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS)

Prior to the commencement of work the Contractor shall provide, to the Contract Administrator, a list of those products controlled under WHMIS, which he expects to use on this Contract. Related Material 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 of changes to the list in writing and provide the relevant Material Safety Data Sheets.

53. 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. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1980 (or latest revision). 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.


The reporting will not relieve the Contractor of the legislated responsibilities regarding such spills or discharges.

54. EROSION AND SEDIMENT CONTROL

The Contractor is required to install and maintain erosion and sedimentation control measures to contain sedimentation within the site. Should the Contractor allow sediment to enter downstream lands or watercourses, the Contractor shall be required to undertake clean-up measures, as required to restore the area to its original condition.

55. CONTRACTORS CONDUCT

In carrying out the work, or any portion thereof, the safety and convenience of the general public must always be specifically considered and provided for, by the Contractor, who must not obstruct any street, thoroughfare, or sidewalk to any greater extent, or longer than, is absolutely necessary, in the opinion of the Corporation. Employees shall be alert, polite and courteous towards the public at all times. The Contractor shall employ only orderly, competent and skilled workers. The Contractor shall further ensure that a high standard of service, courtesy and consideration is exhibited in all of its dealings with residents, visitors and the general public and that it conducts all of its operations including its administrative functions with the utmost regard for enhancing public relations and recognition of the need to uphold and maintain the positive public image of the Corporation. The Contractor is to have someone available at a telephone during all working hours to receive instructions from the Corporation and to process complaints. The Contractor or Supervisor shall be in frequent communication with the person available at the telephone to ensure prompt attention to instructions and complaints. All accidents, incidents, and/or complaints from the construction site will be promptly investigated. The Contractor shall investigate on site by discussing the issue directly with all participants including the members of the public and/or Contractor’s staff and provide a written report back to the Contract Administrator within 48 hours from the time of the occurrence. Copies of all claims and reported damages must be submitted to the Corporation in written form for each occurrence.

56. INDEMNIFICATION

The successful Tenderer agrees to indemnify and hold harmless the City and its respective Directors, Officers, Employees and Agents from and against all suits, judgements, claims, demands, expenses, actions, causes of action and losses (including, without limitation reasonable legal expenses and any claim for lien made pursuant to the Construction Lien Act), and for any and all liability for damages to property and injury to persons (including death), and for any incidental, indirect, special or consequential damages or any loss of use, revenue or profit as a result of or arising out of or in relation to the performance by the Contractor under or any breach of the terms of the Agreement by the Contractor or arising from or relating to the Tender and any contract resulting therefrom, including the Contractor’s own negligence, fault or misconduct. The Contractor will also provide as part of the Agreement an indemnity and any waivers of claim to the City similar to that provided by the City to its funding entities.


57. LIMITATION OF LIABILITY

In no event shall either party be liable to the other for indirect or consequential damages, damages for loss of profit, revenue or reputation or other indirect damages arising out of the breach or fault or negligence of either party under the terms of this Tender or any agreement arising therefrom. Each Tenderer, by submitting a Tender, agrees that: a) In the event that any or all of the Tenders are rejected or disqualified for any reason, proper or

improper, or the Project or selection process is modified, suspended or cancelled for any reason, neither the Corporation or its employees, officers, directors or representatives will be liable under any circumstance for any claim, damages, losses, cost, reimbursement or compensation to any person or entity whatsoever arising out of this Tender, including, but not limited to the cost of preparation of the Tender, loss of anticipated profits, loss of opportunity and any other matter; and

b) The Tenderer hereby waives any claim for loss of profits or loss of opportunity if the Tender is

rejected or disqualified or the Tenderer is not successful in the selection process for any reason whatsoever.

In the event that the Corporation shall be in default under this Tender or the Agreement/Contract, or shall be negligent in the performance of its duties under this Tender or the Agreement/Contract, or shall be in default of any legal, contractual or statutory obligation to the Tenderers, then in no event shall there be any liability to the Corporation, its member municipalities, employees, officers, directors, advisors or representatives in excess of the actual out-of-pocket costs incurred by the Tenderer in preparing the Tender of such Tenderer and no claim shall be made if not made within six (6) months after the date of receipt of all of the Tenders and opening of the Tenders.

58. FREEDOM OF INFORMATION

Release of information contained within a Tender will be subject to the Municipal Freedom of Information and Protection of Privacy Act. Extracts of documents submitted and the costs of their solutions may be used as part of a public document for reporting purposes. Tenderers must indicate in their submission which, if any, parts of their response are exempt from disclosure due to proprietary information. Requests for information other than standard public information (i.e., names of those submitting tender, total amount of bid not individual line costs) must be dated and submitted in writing to the Purchasing Supervisor, after which time the municipality has thirty days to respond.

59. SUBMISSION LABEL

The Corporation tender return submission label provided must be used. Failure to submit a response with the provided submission label may result in rejection of the bid.


SUBMISSION LABEL

THE CITY OF BELLEVILLE

TENDER CALL




Legal Name of Company Submit to:

Christine Fradley Purchasing Supervisor The Corporation of the City of Belleville City Hall, 1

ST Floor

169 Front Street, Belleville, ON K8N 2Y8

Date & Time Stamp:


FORM OF TENDER To The Mayor And Council Corporation of the City of Belleville hereinafter called the "Municipality" Tender For: HOSKINS ROAD & HOSKINS COURT SIDEWALK REMOVAL AND 1.5 METER ASPHALT SHOULDER INSTALLATION. Under: CONTRACT NO. EOS-2016-23 BY: ________________________________________________________________________

(Name of Individual or Firm Tendering) ADDRESS:

NAME OF AUTHORIZED SIGNING OFFICER FOR: (Please Print Clearly) POSITION OF AUTHORIZED SIGNING OFFICER: (Please Print Clearly) EMAIL ADDRESS OF AUTHORIZED SIGNING OFFICER: (Please Print Clearly) I/We, the undersigned, having carefully examined the site of the proposed work, and having read, understood and accepted the Agreement, Addenda, Special Provisions, Contract Drawings, Information to Bidders, Supplemental Specifications, Standard Specifications, Tender Form, Supplemental General Conditions, General Conditions attached hereto, each and all of which forms part of this Tender, hereby offer to furnish all machinery, tools, labour, apparatus, plant and other means of construction; all materials, except as otherwise stated in the Contract; and to complete the work in strict accordance with the Agreement, Addenda, Special Provisions, Contract Drawings, Information to Bidders, Supplemental Specifications, Standard Specifications, Tender Form, Supplemental General Conditions, General Conditions hereto attached for the unit prices shown in the attached Itemized Bid which forms part of this Tender. I /We agree that this offer is to continue open to acceptance until the formal Contract is executed by the successful tenderer for the said work or until 60 calendar days after the said opening, whichever event first occurs; and that the Owner may at any time within that period, without notice, accept this tender whether any tender has been previously accepted or not. Attached to this Tender is a certified cheque, bid bond or cash in the amount specified in the "Bonding Requirements", made payable to the Corporation of the City of Belleville, the proceeds of which, upon acceptance of this Tender, shall constitute a deposit which shall be forfeited to the Municipality at its discretion if I/WE, fail to file with the Municipality the complete Performance Bond and the Labour and Material Payment Bond specified in the "Bonding Requirements" and an executed form of Agreement for the performance of the work within ten (10) days from the date of notification of the acceptance of this Tender by the Municipality.

I/WE hereby agree that notification of acceptance of this Tender shall be in writing, and may be sent by prepaid

post, and if sent by prepaid post, acceptance shall be deemed to have been made on the date of the mailing of such notification.


HOSKINS ROAD & HOSKINS COURT SIDEWALK REMOVAL

AND 1.5 METER ASPHALT SHOULDER INSTALLATION CONTRACT NO. EOS-2016-23

FORM OF TENDER

Page 2

SCHEDULE OF QUANTITIES AND PRICES – CONTRACT EOS – 2016- 23

Item No. Description: Unit Quantity Unit Price Total:

Total Price

900

725

525

Sidewalk Removal

Asphalt Blvd. Removal

Asphalt Shoulder

installation

1

2

3

m2

m2

m2

CONTRACT NO. EOS 2016-04

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FORM OF TENDER Page 3

In accordance with the first paragraph of the Tender, the Contractor hereby offers to complete the work specified for Contract No. EOS-2016-23 for the following prices.

HOSKINS ROAD & HOSKINS COURT SIDEWALK REMOVAL

AND 1.5 METER ASPHALT SHOULDER INSTALLATION.

Sub-Total of Tender (from previous page) $

Harmonized Sales Tax $

TOTAL TENDER AMOUNT $ The cost of the extra work completed shall be determined in accordance with the General Conditions for work completed on time and material basis or when negotiated prices are used. I/WE hereby agree that the work specified in the Contract will be performed in strict accordance with the following Agreement, Addenda, Special Provisions, Contract Drawings, and Information to Bidders, Supplemental Specifications, Standard Specifications, Tender Form, Supplemental General Conditions and General Conditions.


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HOSKINS ROAD & HOSKINS COURT SIDEWALK REMOVAL AND 1.5 METER ASPHALT SHOULDER INSTALLATION.

FORM OF TENDER Page 4

A) Agreement B) Addenda C) Special Provisions/Scope of Work: As per Schedule A D) Contract Map As per Schedule B E) Information to Bidders F) Supplemental Specifications (if applicable) G) City of Belleville Health & Safety Policy: As per Schedule D H) Form of Tender I) Supplemental General Conditions: As per Schedule C

J) General Conditions: As per Schedule C K) Ontario provincial Standards Signed at the of in the County of this day of 2016.

(Signature of Contractor) (Seal where applicable)

I have the authority to bind the Corporation.


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STATEMENT "A"

TENDERER'S EXPERIENCE FOR REFERENCES All Contractors must complete Statements A and B and Statement C – failure to complete and submit these three Statements may result in the rejection of their bid submissions.

(List of jobs of similar type of work)

NO.

YEAR

DESCRIPTION OR NAME OF CONTRACT

OWNER, LOCATION, CONTACT PERSON

AND TELEPHONE NO.

APPROXIMATE VALUE


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STATEMENT "B"

TENDERER'S SENIOR SUPERVISORY STAFF

All Contractors must complete Statements A and B and Statement C – failure to complete and submit these three Statements may result in the rejection of their bid submissions.

QUALIFICATIONS

AND

NAME APPOINTMENT EXPERIENCE


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STATEMENT "C"

LIST OF SUB-CONTRACTORS

The Contractor shall identify in the table below the Sub-Contractor to be employed in this contract

for each Sub-Trade noted. The address, contact person and phone number of the Sub-Contractor

must be listed. Where the Contractor proposes to complete the work specified, the

contractor must indicate “By Own Forces” in the space provided. Failure to fully disclose all

information requested shall result in rejection of the Contractor’s bid.

SUB-TRADE

SUB-CONTRACTOR

CONTACT NAME, ADDRESS & PHONE NUMBER OF SUB-CONTRACTOR

I/WE confirm that all proposed Sub-Contractor(s) to be used in the completion of any of the work required by this Contract have been identified above and I/WE consent and agree that other Sub-Contractor(s) will not be substituted in place of those named above; subject to the terms outlined in the Information to Bidders section of this Contract.

_______________________________ (Signature of Contractor)


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DECLARATION OF TRUTH

DOMINION OF CANADA ) IN THE MATTER of a ) proposed Contract for )

) Hoskins Road and Hoskins Court Sidewalk Removal ) and 1.5 meter Asphalt Shoulder Installation.

) ) ) CONTRACT NO. EOS 2016-23

) ) To Wit: I, of the of DO SOLEMNLY DECLARE that the several matters stated in the foregoing Tender are in all respects true. 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, and by virtue of "The Canada Evidence Act", R.S.C. DECLARED before me at the of in the County of This day of , 2016 A Commissioner etc. (or Notary Public)


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AGREEMENT TO BOND

We, the undersigned, hereby agree to become bound as Surety for in a bond totaling One Hundred Percent (100%) of the Total Tender Amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown as described herein, if the Tender for

HOSKINS ROAD AND HOSKINS COURT SIDEWALK REMOVAL AND 1.5 METER ASPHALT SHOULDER INSTALLATION PROJECT

CONTRACT NO. EOS-2016-23 is accepted by the Owner. It is the condition of this Agreement that if the above-mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be completed with the undersigned within ten (10) days of acceptance of the Tender related hereto, otherwise this Agreement shall be null and void. DATED this day of 2016. (Name of Bonding Company) (Signature of Person Signing for Company) (Seal where applicable) I have the authority to bind the corporation. (Position)

NOTE: This Agreement must be executed on behalf of the Surety Company by its authorized Officers under the Company's Corporate Seal.

One (1) form shall become a part of the Tender and the other shall be retained by the Surety Company.


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A G R E E M E N T

This Agreement made in duplicate this day of , 2016. Between of the in the District or County of and Province of Ontario, hereinafter called the "Contractor"

The Party of the First Part

AND

THE CORPORATION OF THE CITY OF BELLEVILLE, HEREINAFTER CALLED THE "MUNICIPALITY"

The Party of the Second Part Witnesseth, that the party of the first part, for and in consideration of the payment or payments specified in the Tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans and specifications and Tender herefore, which are identified and acknowledged in the Agreement, Addenda, Special Provisions, Contract Drawings, Information to Bidders, Supplemental Specifications, Standard Specifications, Tender Form, Supplemental General Conditions, and General Conditions attached to the Tender and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein.


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DESCRIPTION OF THE WORK


HOSKINS ROAD AND HOSKINS COURT SIDEWALK REMOVAL AND 1.5 METER

ASPHALT SHOULDER INSTALLATION PROJECT

The Contractor further agrees that he will deliver the whole of the works completed in accordance with this Agreement within the time stipulated in the Information to Bidders Key Data Sheet. The Contractor agrees that any monies due the Municipality as a result of non-completion of the works within the time stipulated may be deducted from any monies due the Contractor on any account whatsoever. In consideration hereof, said party of the second part agrees to pay to the Contractor for all work done, the unit prices on the Tender. This Agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. In witness Whereof, the Contractor and the Municipality have hereunto signed their names and set their seals on the day first above written.

Signature of Corporation Witnesses Signature of Contractor and Position Held (Seal where applicable) I have the authority to bind the corporation. The Corporation of the City of Belleville ______ City Clerk

Mayor Signatures of designated Municipal Seal of Municipality Officers and Position Held

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SCHEDULE “A”

SCHEDULE “A”

SPECIAL PROVISIONS

Scope of Work

Extent of Work

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SPECIAL PROVISIONS

INDEX



TITLE ____________________________________________________________________Page No. GENERAL REQUIREMENTS

1. SCOPE OF WORK 2 ROAD RESURFACING ITEM 1 SIDEWALK REMOVAL 3 ITEM 2 ASPHALT BOULVARD REMOVAL 4 ITEM 3 ASPHALT SHOULDER INSTALLATION 4

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GENERAL REQUIREMENTS

1. SCOPE OF WORK

The Contractor shall provide all labour, equipment, materials and supervision necessary to complete the work as described in the Agreement, Addenda, Special Provisions, and Contract Drawings, Information to Bidders, Supplemental Specifications, Standard Specifications, Tender Form, and Supplemental General Conditions.

The following is a brief description of the work:

The work involved with this construction project will be the removal of existing asphalt boulevard, removal of existing sidewalks, and construction a 1.5 meter asphalt shoulder. The remaining section where existing sidewalk was located, will be top-soiled and seeded as required to finish the area off for homeowners. The construction area will be approximately 520 meters in length on Hoskins Road, and 75 meters along Hoskins Court. Prior to commencing the work the Contractor, Contract Administrator and/or other representatives of the Owner shall meet for a Pre-Start Meeting. Work may commence after June 3, 2016 and must be completed by Oct 31, 2016. Once work has commenced, the Contractor shall ensure continuous operations to minimize disruption to the public. With regards to the relocation of the various utilities it is anticipated that the affected utilities will have completed their work in advance of the start of the reconstruction. The Contractor is advised that as other work may be carried out within and adjacent to the limits of this contract, the Contractor shall co-operate with other contractors and Utility Companies and they shall be allowed free access to their work at all times. The Contract Administrator reserves the right to alter the method of operations on this contract to avoid interference with other work.

ITEM 1 SIDEWALK REMOVAL

The unit price bid for this item shall be compensation in full for all labour, material and equipment as required to Remove and dispose of existing sidewalks on Hoskins Road and Hoskins Court.

All concrete sidewalk removal work shall be done in accordance with OPSS 510.

All removed concrete shall be disposed of off-site in accordance with OPSS 180 at no additional cost to the contract.

THE UNIT PRICE BID FOR THIS ITEM SHALL BE COMPENSATION IN FULL FOR ALL LABOUR, MATERIALS AND EQUIPMENT REQUIRED TO COMPLETE THE WORK UNDER THIS ITEM TO THE SATISFACTION OF THE CONTRACT ADMINISTRATOR.

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ITEM 2 EXISTING BOULVARD ASPHALT REMOVAL

The unit price bid for this item shall be compensation in full for all labour, material and equipment as required to remove and dispose of existing Asphalt Boulevard on Hoskins Road and Hoskins Court. All asphalt removal work shall be done in accordance with OPSS 510. All removed asphalt shall be disposed of off-site in accordance with OPSS 180 at no additional cost to the contract. The unit price bid for this Item shall be compensation in full for all labour, materials and equipment required to complete the work under this Item to the satisfaction of the Contract Administrator.

ITEM 3 PLACEMENT OF 1.5 METER ASPHALT SHOULDER

This item shall include the preparation, aggregate supply and compaction, and supply and placement of 50 mm HL3 to create a 1.5 meter asphalt shoulder. In general the grade for the sidewalk will be the same elevation of the existing sidewalk, measured 1.5 meters from the back of the curb/shoulder in order to match the existing driveways. The Contractor shall also be required to re-grade the existing lawns to match into new asphalt shoulder ground elevations with topsoil and seed; unless directed otherwise by the Contract Administrator.

Earth Excavation

The unit price bid for this item shall be compensation in full for all labour, material and equipment as required to complete grading, shaping, compacting a sub-base of the Asphalt shoulder. Also included under this item is as follows:

1. Hauling, handling, placing, shaping, compacting and trimming.

2. All excavation, grading shaping and finishing of sub-base

3. All work including placement of Granular “A”, grading, shaping, and compaction within the limits of the project.

4. All excess or unsuitable material will be arranged by the Contractor to be hauled and disposed of offsite at his expense.. 5. Excavation or filling as required to complete the finishing of the sub-base.

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6. If required saw cutting of asphalt existing roadway at contract limits and across driveways at the limit of excavation.

Saw-cutting existing asphalt to full depth in neat, consistent lines

7. Water required for compaction shall be deemed to be included in the respective Item.

Granular Base

Granular ‘A’ crushed quarried limestone material shall be used for the granular pathway base, all in accordance with OPSS 314. The shoulder shall be constructed to provide for 100 mm depth of Granular ‘A’. The Contractor shall, as part of the work under this item, place, level and compact 100 mm Granular “A” material to provide a granular sub-base for the asphalt surface. Water required for compaction of Granular ‘A’ shall be deemed to be included in the respective Item.

Hot Mix Asphalt / HL3

Asphaltic concrete work shall be completed in accordance with the OPSS form 310. HL 3 asphaltic concrete materials shall be in accordance with the OPSS Form 1150. The asphalt will be place to a depth of 50mm thick and compacted using a self- propelled roller to achieve compaction to 95 percent maximum dry density.

The unit price shall include saw cutting of existing asphalt surfaces as required.

The unit price bid for this item shall be compensation in full for all labour, materials and equipment as required completing the work under this item to the satisfaction of the Contract Administrator.

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SCHEDULE “B”

MAPS

QUEE

N ST

HOSKIN RD

BAY S

THOSKIN

CT

THUR

LOW

37 HWY

¯

CITY OF BELLEVILLEENVIRONMENTAL AND OPERATIONALSERVICES DEPARTMENT

SIDEWALK REMOVAL AND 1.5 METERASPHALT SHOULDER INSTALLATION

37 H

WY

ZION RD

DENYES RD

PHILL

IPST

ON R

D

BRON

K RD

SCUT

TLEH

OLE RDLATTA DR

KEY MAP

CONTRACT EOS-2016-23CONTRACT EOS-2016-23

LOCATIONMAP

MOIRA RI

VER

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CITY OF BELLEVILLE



SCHEDULE “C”

SUPPLEMENTAL GENERAL CONDITIONS

AND

GENERAL CONDITIONS

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CITY OF BELLEVILLE



SUPPLEMENTAL GENERAL CONDITIONS

Supplemental General Conditions of Contract Created on October 19, 2001 Revised on April 10, 2003 Revised on July 28, 2004 Revised on March 17, 2008

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SUPPLEMENTAL GENERAL CONDITIONS OF CONTRACT

Table of

Contents SECTION GC 1.0 INTERPRETATION GC 1.04 Definitions ...................................................................................................D-1 GC 1.05 Substantial Performance ..............................................................................D-1 GC 1.06 Completion ..................................................................................................D-2 GC 1.07 Final Acceptance .........................................................................................D-2

SECTION GC 2.0 CONTRACT DOCUMENTS GC 2.01 Reliance on Contract Documents ................................................................D-3 GC 2.02 Order of Precedence ....................................................................................D-3

SECTION GC 3.0 ADMINISTRATION OF THE CONTRACT GC 3.13 Lease and Occupancy of the Work Prior to Substantial Performance........ D-4 GC 3.15 Engineering Arbitration ...............................................................................D-4

SECTION GC 4.0 OWNER’S RESPONSIBILITIES AND RIGHTS GC 4.01 Working Area ............................................................................................. D-5 GC 4.03 Management and Disposition of Materials..................................................D-5

SECTION GC 5.0 MATERIAL GC 5.04 Substitutions ................................................................................................D-6

SECTION GC 6.0 INSURANCE PROTECTION AND DAMAGE GC 6.02 Indemnification............................................................................................D-7 GC 6.03 Contractor’s Insurance.................................................................................D-7

SECTION GC 7.0 CONTRACTOR’S RESPONSIBILITIES & CONTROL OF THE WORK GC 7.01General........................................................................................................D-9 GC 7.02Layout ....................................................................................................D-9 GC 7.05Condition of Working Area .........................................................................D-9 GC 7.06 Maintaining Roadways and Detours............................................................D-9 GC 7.10Contractor’s Right to Stop the Work or Terminate the Contract.................D-10 GC 7.11Notices by the Contractor ............................................................................D-10 GC 7.15Warranty ......................................................................................................D-11

SECTION GC 8.0 MEASUREMENT AND PAYMENT GC 8.01.01Quantities.....................................................................................................D-12 GC 8.02.02 Advance Payments for Material ..................................................................D-12 GC 8.02.03.02 Certificate of Subcontract Completion ......................................................D-12 GC 8.02.03.03 Subcontract Statutory Holdback Release Certification and Payment..........D-12 GC 8.02.04.08 Payment for Work by Sub-Contractors .......................................................D-12

(D-i)


Page 53 of 64

For the purposes of this contract, the Ontario Provincial Standards, General Conditions of Contract (September 1999 issue) shall be amended as set out herein.

SECTION GC 1.0 INTERPRETATION

GC1.04 Definitions

The definitions of Contract Time, Controlling Operation and Sub-Contractor in subsection GC 1.04 are deleted and replaced with the following:

Contract Time means the time stipulated in the contract documents for final acceptance of the work, including any extension of contract time made pursuant to the contract documents.

Controlling Operation means any component of the work, as determined by the Contract Administrator, which, if delayed, will delay the completion of the work.

Sub-Contractor means a person, firm or corporation undertaking the execution of a part of the work by virtue of an agreement with the contractor, which has been approved by the Owner.

Subsection GC 1.04 is amended by the addition of the following:

Addendum means an addition to or a change in the contract documents.

Agreement means the agreement between the Owner and the Contractor for the performance of the work, which is included in the contract documents.

Corporation means the Corporation of the City of Belleville in the Province of Ontario and includes with the same meaning and import, Owner.

Clause a) of the definition of Working Day is deleted and replaced by the following:

a) except Saturdays, Sundays, Statutory Holidays and the following City holidays which are, Canada Day, Civic Holiday, Labour Day, Remembrance Day and Boxing Day.

GC 1.05 Substantial Performance

Paragraph .01 a) of Subsection GC 1.05, is deleted and replaced by the following:

a) when the work or a substantial part thereof has passed

inspection and testing and is ready for use or is being used for the intended purposes; and


Page 54 of 64

GC 1.06 Completion

Subsection GC 1.06 is deleted and replaced by the following:

.1 The work shall be deemed to be completed when all services and materials required have been supplied.

GC 1.07 Final Acceptance

Subsection GC 1.07 is amended by the addition of the following:

.2 Final acceptance will not occur until the work has passed all inspection and testing requirements.


Page 55 of 64

SECTION GC 2.0 CONTRACT DOCUMENTS

GC 2.01 Reliance on Contract Documents

Clause GC 2.01.01 a) is deleted and replaced by the following:

The location of all mainline underground utilities, which will affect the work, will be shown to a tolerance of 1 m horizontal.

GC 2.02 Order of Precedence

Clause GC 2.02.01 shall be deleted and replaced by the following:

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) Agreement b) Addenda c) Special Provisions d) Contract Drawings e) Information to Bidders f) Supplemental Specifications g) Standard Specifications h) Tender Form i) Supplemental General Conditions j) General Conditions

Later dates will govern within each of the above categories of documents.


Page 56 of 64

SECTION GC 3.0 ADMINISTRATION OF THE CONTRACT

GC 3.13 Lease and Occupancy of the Work Prior to Substantial Performance

Clause GC 3.13.01 is deleted and replaced with the following:

Where it is not contemplated elsewhere in the Contract Documents, the Owner may use or occupy the work or any part thereof prior to Substantial Performance.

GC 3.15 Engineering Arbitration

Subsection GC 3.15, Engineering Arbitration, is deleted in its entirety.


Page 57 of 64

SECTION GC 4.0 OWNER’S RESPONSIBILITIES AND RIGHTS

GC 4.01 Working Area

Subsection GC 4.01.02 is deleted and replaced by the following:

The Geotechnical Report and Subsurface Report, is not a requirement for this work and is not included as part of the Contract Documents.

GC 4.03 Management and Disposition of Materials

Subsection GC 4.03 .01 is amended by the addition of the following:

The Contractor shall be responsible for the removal and disposition of excess material from the site at no additional cost to the Contract. The removal and disposition of this excess material shall be in accordance with OPSS 180 “General Specification for the Management and Disposal of Excess Material”. A copy of a completed form OPSF, “1800 Site Selection Notification for Management as Disposable Fill” shall be submitted to the Contract Administrator prior to the use of a disposal site by the Contractor. After Final Acceptance and prior to any reduction of holdback the Contractor shall provide the contract Administrator with a completed copy of form, OPSF 1803 “Property Owner’s Release”.


Page 58 of 64

SECTION GC 5.0 MATERIAL

GC 5.04 Substitutions

Clause GC 5.04.03 shall be deleted and replaced by the following:

If the proposed substitution is approved by the Contract Administrator, the Contract Administrator and the Contractor shall negotiate an appropriate price reduction.


Page 59 of 64

SECTION GC 6.0 INSURANCE PROTECTION AND DAMAGE

GC 6.02 Indemnification

Clause 6.02.01 is deleted and replaced by the following:

The Contractor shall indemnify and hold harmless the Owner and the Contract Administrator, their agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits or proceedings by third parties, hereinafter called “claims”, directly or indirectly arising or alleged to arise out of the performance of or the failure to perform the Work including in respect of any negligence on the part of the Owner and Contract Administrator, and their respective agents, officers and employees, in supervising the Contractor, and in respect of any negligence or breach of statutory duty on the part of the Owner, and its agents, officers and employees, in maintaining the Highway in the vicinity of the Work, provided such claims are,

a) Attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property;

b) Made in writing within a period of 6 years from the date of Substantial performance of Work as set out in the Certificate of Substantial Performance of the Work or, where so specified in the Contract from the date of certification of Final Acceptance.

Clause GC 6.02.03 is deleted.

GC 6.03 Contractor’s Insurance

Clause GC 6.03.02-01 shall be amended by changing the last sentence to read, “The form of insurance shall be the Insurance Bureau of Canada Form 2100, 03-2000 (r) “

Clause GC 6.03.01 is amended by the addition of the following clauses:

.2 The Contractor shall deal with all claims in a prompt, courteous and efficient manner. All claimants shall be advised by the Contractor to contact their own insurance company, where applicable, and advise their agent of the damage to their person or property. The Contractor shall further advise all claimants to contact the Contract Administrator.

.3 Upon request, the Contractor will provide the Contract Administrator with a letter from his insurance company, which provides an explanation for each claim where payment has been denied by the Contractor. The


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Contractor must resolve all claims to the satisfaction of the Contract Administrator.

.4 For any claims, which the Contractor is ultimately deemed

liable, the Contractor will reimburse the Corporation for all costs incurred by the Corporation in investigating the claim.

Clause GC 6.03.02.01 is amended by the addition of the following:

The insurance certificate shall name any other party deemed relevant by the Contract Administrator.

Clause GC 6.03.02.03 is deleted and replaced by the following:

The insurance shall be maintained continuously from the commencement of the work until 12 months following the date of the Completion Certificate.

Clause GC 6.03.05.03 is deleted.


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SECTION GC 7.0 CONTRACTOR’S RESPONSIBILITIES AND CONTROL OF THE WORK

GC 7.01 General

Section GC 7.01 is amended by the addition of the following clause:

.14 The Contractor shall attend such meetings with the Contract Administrator as may be required by the Contract Administrator.

GC 7.02 Layout

This section of the General Conditions of contract is amended by deleting the following sections:

.01, .03, .04, .05

GC 7.10 Contractor’s Right to Stop the Work or Terminate the Contract

Clause GC 7.10.02 is deleted in its entirety.

GC 7.11 Notices by the Contractor

Subsection GC 7.11 is amended by the addition of the following clause:

.03 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 operations of the Contractor that cause or are likely to cause adverse effects, shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1990, Chapter E.19. 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 operations of the Contractor shall, unless otherwise indicated in the Contract, be assumed to contain PCB’s and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges.


Page 62 of 64

SECTION GC 8.0 MEASUREMENT AND PAYMENT

GC 8.01.01 Quantities

This section is deleted.

GC 8.02.02 Advance Payment for Materials

Subsection GC 8.02.02 is amended by the addition of the following clause:

.03 The use of this subsection will only be activated subject to written approval from the Contractor Administrator.

GC 8.02.03.02 Certificate of Subcontract Completion


GC 8.02.03.03 Subcontract Statutory Holdback Release Certificate and Payment


of 64

GENERAL CONDITIONS OF CONTRACT

Ontario Provincial Standards For

Roads and For Public

Works November 2006

Ontario Provincial Standards General Conditions of Contract has not been reproduced as part of these Contract Documents. It will be the Contractor’s responsibility to obtain current copies of the General Conditions.

of 64

SCHEDULE D

CITY OF BELLEVILLE

HEALTH & SAFETY POLICY

City of Belleville Health & Safety Standard

Subject: Contractor Safety

Date: October, 2005 Supercedes: September, 2003

POLICY STATEMENT

The City of Belleville is aware of its responsibility as an employer to provide a safe and healthy

workplace for all workers, including contract workers. The intent of this policy and procedure is to

provide guidelines to be followed when an outside service provider is hired to perform work for the City

of Belleville.

SCOPE

This standard applies whenever a contractor is hired by the City of Belleville to perform work or provide

services on City premises. It includes on site service providers and construction contractors and

subcontractors but generally does not include delivery and pick up personnel unless the scope of their

service goes beyond the routine delivery/pickup of commodities at approved points within the City of

Belleville.

DEFINITIONS:

Construction: includes erection, alteration, repair, dismantling, demolition, structural maintenance,

painting, land clearing, earth moving, grading, excavating, trenching, digging, boring,

drilling, blasting, or concreting, the installation of any machinery or plant, and any work or

undertaking in connection with a project.

Project: means a construction project, whether public or private, including:

the construction of a building, bridge, structure, industrial establishment, mining plant,

shaft tunnel, caisson, sewer, water main, service connection, telegraph, telephone or

electrical cable, pipe line, duct or well, or any combination thereof,

the moving of a building or structure, and

any work or undertaking, or any lands appurtenances used in connection with

construction.

Constructor: a person who undertakes a project for an owner and includes an owner who undertakes all

or part of a project by himself or by more than one employer.

Contractor: an individual or company who agrees to perform work or provide a service for a specified

price but is not an employee of the City.

2

GUIDELINES

1) The management staff person hiring an outside contractor is responsible for ensuring that the

contractor provides all necessary Health and Safety information to the City of Belleville prior to

beginning the work.

2) Where a tender is required for the provision of services by an outside contractor, the staff member

responsible for the contract will ensure that the Health and Safety Program Requirements for

Contractors, as outlined in this policy, are included in the tender document.

3) When the job is a “construction project” as defined by the Occupational Health and Safety Act, the

responsible staff member will determine who is to act as the “constructor” for the project. A

Notice of Project must be completed by the constructor and submitted to the Ministry of Labour if

the total cost of materials and labour for the project is expected to exceed $50,000 and/or as

prescribed by Section 6 of the Regulations for Construction Projects.

4) Whether or not the job is a construction job, the staff member hiring the contractor is responsible

for providing appropriate information to the contractor regarding any designated substances,

WHMIS controlled substances, or hazards specific to the worksite.

Note: The substances which are designated in Ontario as requiring special precautions to control

worker exposure are: asbestos, acrylonitrile, arsenic, benzene, coke oven emissions, ethylene

oxide, isocyanates, lead, mercury, silica, vinyl chloride, and x-rays.

5) Pre-Job Health and Safety Meeting

When the job is a “construction project” or if there are significant health and safety risks involved,

a pre-job Health and Safety meeting will be held. Depending on the scope of the job, the meeting

may involve, but is not limited to: contractor representatives/supervisors, the department head

and/or supervisor, the Health and Safety Coordinator, and the department safety committee

representative.

Topics for the meeting will include, but are not limited to, the following:

An overview of the scope of the work

A review of known hazards in that work area

A review of the WHMIS controlled and/or designated substances present at the worksite and those

to be brought by the contractor to the worksite. The contractor must provide copies of the

appropriate Material Safety Data Sheets at this time.

Confirmation that contractor workers have required licences, certificates and/or training

Review of worksite emergency procedures, including notifying the contractor of all alarms and

what to do when the alarms are activated

Confirmation that the contractor will comply with the Health and Safety Requirements for

Contractors and completion of Appendix 1, Contractors Confirmation of Favourable Health and

Safety Practice.

3

HEALTH AND SAFETY REQUIREMENTS FOR CONTRACTORS

The following are requirements of all contractors and should be included in the tender document when

applicable:

The Contractor is responsible for the Health and Safety of all of its employees, sub-contractors,

visitors and business associates on the worksite. The Contractor agrees to comply with the

Occupational Health and Safety Act and its Regulations, as well as any other applicable

legislation, regulations and industry standards. The Contractor will provide appropriate

training and instruction to its employees working on the job, as required by the Occupational

Health and Safety Act and its regulations, and ensure the same has been provided to its sub-

contractors on the job.

The Contractor will notify the Ministry of Labour and the Workers Safety and Insurance Board

of any reportable injuries, as required by the applicable legislation.

A valid Certificate of Clearance from the Workplace Safety and Insurance Board must be part

of the tender document. It is the contractor’s responsibility to ensure that the Certificate of

Clearance is valid and remains current throughout the project;

If the contractor is a single owner-operator without WSIB coverage, s/he must provide proof to

the City that s/he is insured for $5,000,000. against any work related injury and/or illness;

It is the responsibility of the contractor to provide any personal protective equipment for their

own workers and to ensure that it is worn when required by the Occupational Health and Safety

Act and its regulations. The Contractor must also supply their own tools and equipment, all of

which must be properly maintained and in good repair;

The City has the right to issue a warning and/or order to stop work if there are serious

violations by the contractor(s) of the Occupational Health and Safety Act, or City Health and

Safety programs, policies and rules.

Before being awarded the contract, the successful bidder will be required to provide

information that it has a Health and Safety program compliant with the Occupational Health

and Safety Act. This would include a Health and Safety Policy and a Health and Safety

Representative or Committee as appropriate.

For all construction projects, a Notice of Project form must be completed and submitted to the

Ministry of Labour by the constructor if the total cost of labour and materials for the project is

expected to exceed $50,000 and/or as prescribed by Section 6 of the Regulations for

Construction Projects;

For all construction projects, the constructor will post the name of their company, address and

telephone number, and the address and phone number of the nearest Ministry of Labour office,

as required by section thirteen (13) of the Regulations for Construction Projects.

The Contractor must provide a list of any designated substances and/or WHMIS controlled

materials that will be brought onto the worksite, as well as material safety data sheets for same;

The Contractor must notify the City staff member in charge of the contract of any sub-

contractors they hire. The Contractor assumes responsibility for ensuring that their sub-

contractors comply with applicable Health and Safety regulations;

4

Appendix 1

CITY OF BELLEVILLE

CONTRACTOR CONFIRMATION OF FAVOURABLE

HEALTH AND SAFETY PRACTICE

This form has been developed to assist staff in evaluating the health and safety practices of potential

contractors to be hired by the City of Belleville.

To Contractor(s):

The City of Belleville is committed to the Health and Safety of all workers at City locations. To

ensure that City workplaces are healthy and safe work environments, contractors, constructors and

subcontractors must have knowledge of and operate in compliance with the Occupational Health and

Safety Act and its regulations and any other legislation pertaining to employee health and safety.

In order to evaluate your company’s health and safety experience and qualifications, we require the

following information, where applicable. Please complete below and/or attach documentation as

indicated and return the signed form to the City staff member in charge of the contract.

Copies of, or evidence of, appropriate licences, certificates and/or training for employees who will

be working for City of Belleville, as required by Health and Safety or other legislation (a list of

registration/certificate #’s and effective dates is sufficient).

Current W.S.I.B. Certificate of Clearance.

Evidence of insurance coverage in the amount of $5,000,000., including general liability and

personal injury. (For awarded bidder only.) Please attach a copy of the appropriate sections of the

policy.

Company Health and Safety Policy

Health and Safety Representative (if 5 or more employees), Health and Safety Committee (if more

than 20 employees)

5

Confirmation of Favourable Health and Safety Practice cont’d.

Has your company had any Ministry of Labour warnings or orders in the last two years? (if the

answer is yes, please provide details below)?

Contractor’s Statement of Responsibility

I agree to work safely and in accordance with the Occupational Health and Safety Act and its

Regulations, and any other applicable legislation or regulations. I accept the responsibility for

ensuring the Health and Safety of my employees and my subcontractors while they are completing

work for the City of Belleville, and for notifying the appropriate authorities should an accident occur.

I agree to notify the City staff member in charge of the contract immediately if I have any health and

safety concerns during the completion of the contracted work.

Contractor Name of Person Signing for Contractor

Signature of Contractor Date

City of Belleville Comments:

City Staff Signature Date

Original: Department Head Copy: Purchasing Department

AGREEMENT CONTRACT NO.

BID BOND Standard Construction Document

CCDC 220 - 2002 No. ______________ Bond Amount $_________________________ ________________________________________________________________________________ as Principal, hereinafter called the Principal, and

________________________________________________________________________________ a corporation created and existing under the laws

of ________________________ and duly authorized to transact the business of Suretyship in _______________________ as Surety, hereinafter

called the Surety, are held and firmly bound unto ______________________________________________________________________________ as

Obligee, hereinafter called the Obligee, in the amount of __________________________________________________________________________

_____________________________________________________ Dollars ($ ______________________ ) lawful money of Canada, for the payment

of which sum the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.

WHEREAS, the Principal has submitted a written bid to the Obligee, dated __________ day of ________________________, in the year ________ for _____________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________ The condition of this obligation is such that if the Principal shall have the bid accepted within the time period prescribed in the Obligee’s bid

documents, or, if no time period is specified in the Obligee’s bid documents, within ___________________________ ( ) days from the closing

date as specified in the Obligee’s bid documents, and the Principal enters into a formal contract and gives the specified security, then this obligation

shall be void; otherwise, provided the Obligee takes all reasonable steps to mitigate the amount of such excess costs, the Principal and the Surety will

pay to the Obligee the difference in money between the amount of the bid of the Principal and the amount for which the Obligee legally contracts

with another party to perform the work if the latter amount be in excess of the former.

The Principal and Surety shall not be liable for a greater sum than the Bond Amount. It is a condition of this bond that any suit or action must be commenced within seven (7) months of the date of this Bond. No right of action shall accrue hereunder to or for the use of any person or corporation other than the Obligee named herein, or the heirs,

executors, administrators or successors of the Obligee.

IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated __________ day of ________________________,

in the year ___________.

SIGNED and SEALED Principal in the presence of

___________________________________ Signature ATTORNEY IN FACT

___________________________________ Name of person signing

Surety

___________________________________ Signature

___________________________________ Name of person signing

Copyright 2002

Canadian Construction Documents Committee

(CCDC 220 – 2002 has been approved by the Surety Association of Canada)

No. ______________ Bond Amount $_________________________

________________________________________________________________________________ as Principal, hereinafter called the Principal, and





_____________________________________________________ dollars ($ ______________________ ) lawful money of Canada, for the payment


WHEREAS, the Principal has entered into a written contract with the Obligee, dated _________ day of ___________________, in the year ________

for _____________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

in accordance with the Contract Documents submitted, and which are by reference made part hereof and are hereinafter referred to as the Contract.

The Condition of this obligation is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably

required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect,

subject, however, to the following conditions:

1. A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or

reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power,

light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract provided that a person, firm or corporation who

rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to

be applied towards the purchase price thereof, shall only be a Claimant to the extent of the prevailing industrial rental value of such equipment for

the period during which the equipment was used in the performance of the Contract. The prevailing industrial rental value of equipment shall be

determined, insofar as it is practical to do so, by the prevailing rates in the equipment marketplace in which the work is taking place.

2. The Principal and the Surety, hereby jointly and severally agree with the Obligee, as Trustee, that every Claimant who has not been paid as

provided for under the terms of its contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last

of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein

provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms

of its contract with the Principal and have execution thereon. Provided that the Obligee is not obliged to do or take any act, action or proceeding

against the Surety on behalf of the Claimants, or any of them, to enforce the provisions of this Bond. If any act, action or proceeding is taken

either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding, shall be taken on

the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the

Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof.

Provided still further that, subject to the foregoing terms and conditions, the Claimants, or any of them may use the name of the Obligee to sue on

and enforce the provisions of this Bond.

3. It is a condition precedent to the liability of the Surety under this Bond that such Claimant shall have given written notice as hereinafter set forth

to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed, and that such Claimant shall have

brought suit or action in accordance with this Bond, as set out in sub-clauses 3 (b) and 3 (c) below, Accordingly, no suit or action shall be

commenced hereunder by any Claimant:

a) unless such notice shall be served by mailing the same by registered mail to the Principal, the Surety and the Obligee, at any place where an

office is regularly maintained for the transaction of business by such persons or served in any manner in which legal process may be served in

the Province or Territory in which the subject matter of the Contract is located. Such notice shall be given.

Page 17

LABOUR & MATERIAL PAYMENT BOND (Trustee Form)

Standard Construction Document

CCDC 222 - 2002

i) in respect of any claim for the amount or any portion thereof, required to be held back from the Claimant by the Principal, under either the

terms of the Claimant's contract with the Principal, or under the lien Legislation applicable to the Claimant's contract with the Principal,

whichever is the greater, within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's

contract with the Principal;

ii) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after

the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such

claim is made under the Claimant's contract with the Principal;

b) after the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including work performed under

the guarantees provided in the Contract;

c) other than in a Court of competent jurisdiction in the Province or Territory in which the work described in the Contract is to be installed or

delivered as the case may be and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such Court.

4. The Surety agrees not to take advantage of Article 2365 of the Civil Code of the Province of Quebec in the event that, by an act or an omission of

a Claimant, the Surety can no longer be subrogated in the rights, hypothec and privileges of said Claimant.

5. Any material change in the contract between the Principal and the Obligee shall not prejudice the rights or interest of any Claimant under this

Bond, who is not instrumental in bringing about or has not caused such change.

6. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the

provisions hereof, inclusive of the payment by the Surety of claims made under the applicable lien legislation or legislation relating to legal

hypothecs, whether or not such claim is presented under and against this Bond.

7. The Surety shall not be liable for a greater sum than the Bond Amount.

IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated __________ day of ________________________,

in the year ____________ .

SIGNED and SEALED Principal

in the presence of

___________________________________

Signature

ATTORNEY IN FACT

___________________________________

Name of person signing

Surety

___________________________________

Signature

___________________________________


Copyright 2002



No. ______________ Bond Amount $_________________________

________________________________________________________________________________ as Principal, hereinafter called the Principal, and





_____________________________________________________ Dollars ($ ______________________ ) lawful money of Canada, for the payment


WHEREAS, the Principal has entered into a written contract with the Obligee, dated _________ day of ___________________, in the year ________

for _____________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________

hereinafter referred to as the Contract.

The condition of this obligation is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and

void; otherwise it shall remain in full force and effect.

Whenever the Principal shall be, and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's

obligations thereunder, the Surety shall promptly:

1) remedy the default, or;

2) complete the Contract in accordance with its terms and conditions or;

3) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions and upon determination

by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as

work progresses (even though there should be a default, or a succession of defaults, under the contract or contracts of completion, arranged under

this paragraph) sufficient funds to pay to complete the Principal’s obligations in accordance with the terms and conditions of the Contract and to

pay those expenses incurred by the Obligee as a result of the Principal’s default relating directly to the performance of the work under the

Contract, less the balance of the Contract price; but not exceeding the Bond Amount. The balance of the Contract price is the total amount

payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal, or;

4) pay the Obligee the lesser of (1) the Bond Amount or (2) the Obligee’s proposed cost of completion, less the balance of Contract price.

It is a condition of this bond that any suit or action must be commenced before the expiration of two (2) years from the earlier of (1) the date of

Substantial Performance of the Contract as defined in the lien legislation where the work under the Contract is taking place, or, if no such definition

exists, the date when the work is ready for use or is being used for the purpose intended, or (2) the date on which the Principal is declared in default

by the Obligee.

The Surety shall not be liable for a greater sum than the Bond Amount.

No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obligee named herein, or the heirs,

executors, administrators or successors of the Obligee.

IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond dated ___________ day of _______________________,

in the year _____________.

SIGNED and SEALED Principal

in the presence of

___________________________________

Signature

ATTORNEY IN FACT ___________________________________


Surety

___________________________________

Signature

___________________________________


PERFORMANCE BOND Standard Construction Document

CCDC 221 - 2002

Copyright 2002

