Issued: September 12, 2017 TENDER CALL COVER PAGE Buyer: Christine.Sze-Louie - Toronto · Attachment ‘C' – City of Toronto, Safe Working Procedures Attachment ‘D' – Ashbridges

ECS Vertical – June 1, 2017

Tender Call No: 227-2017 (Vertical)

Contract No: 17ECS-MI-02DC

Issued: September 12, 2017

Bid Bond Amount: $259,000.00

Buyer: Christine.Sze-Louie

Telephone No: 416- 392-0627 Fax: 416-397-7779

Email: [email protected]

Client Division: Engineering & Construction Services

TENDER CALL COVER PAGE Purchasing and Materials Management Division

Bids in response to this Tender Call must be completed, properly executed by the Bidder and received at the Purchasing and Materials Management Division, 18th Floor, West Tower, City Hall, 100 Queen Street West, Toronto, Ontario, Canada M5H 2N2 by 12 O’CLOCK NOON (LOCAL TIME) ON THE SPECIFIED CLOSING DATE.

Closing Date:

October 3, 2017

Late submissions will not be considered. Delays caused by any delivery service (including Canada Post and courier services) shall not be grounds for any extension of the submission deadline. Bids will not be accepted by fax transmission or email.

DESCRIPTION

BIDS ARE REQUESTED FOR: Tubs and Gee Gage Park Rugby Field Relocation and Parking Lot Development. PUBLIC OPENING – You are invited to attend a public opening of the bids at the time and location indicated above. Unless otherwise indicated the prices will be read aloud at this time. Acceptance of any bid is subject to further review by the City of Toronto. For any questions, contact the above named Buyer in writing.

IMPORTANT NOTICE - Fair Wage Schedule(s) Update At its May 29, 2017 meeting, City Council adopted recommendations to update City of Toronto Fair Wage Schedules. Notice is given to contractors and other service providers that the fair wage schedules shall be in effect as of August 1, 2017. For more information about the fair wage schedules, please access the following web site at: http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=aa18ccc6a943b510VgnVCM10000071d60f89RCRD Any questions about the Fair Wage By-law should be directed to the Fair Wage Office at (416) 392-7300 or at [email protected] .

The undersigned, the Bidder, agrees with the City of Toronto, the party inviting the Bid referred to above (hereinafter referred to as “the City” unless otherwise indicated) that:

(a) the Bidder will furnish to the City, in conformity with all of the terms and conditions, specifications, plans, price schedules, samples, instructions, addenda or other details provided in connection therewith or referred to herein, the goods, material, articles, equipment, work or services,

specified or called for in this Tender Call, at the prices quoted herein, on receipt of an official Contract therefore; and

(b) the Bidder warrants that any goods, material, articles or

equipment to be supplied under or pursuant to any official Contract based on this Tender Call, that is or are to be made or used for a particular purpose, will be fit and suitable for that purpose.

Name of Bidder: Signature of Authorized Signing Officer:

Address:

Print Name:

Title:

Date:

Corporate Seal / I have authority to bind the Bidder Telephone:

Fax Number:

Email:

Amount of Bid Herein (HST inclusive Total Amount of

Tender Call from the Pricing Form): $

MANDATORY Site Meeting to be held on: September 20, 2017 @ 1:30 p.m., local time at the Tubs and Gee Gage Rugby Field, located at 1091 Eastern Avenue, Toronto, Ontario

I/WE ACKNOWLEDGE THE RECEIPT OF ADDENDUM TO DATED TO .

THIS TENDER CALL COVER PAGE MUST BE COMPLETED, SIGNED AND RECEIVED ALONG WITH THE TENDER SUBMISSION PACKAGE FORMS ON OR BEFORE THE CLOSING DATE AND TIME SPECIFIED, OR YOUR BID WILL NOT BE CONSIDERED.

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Tender Checklist for Bidders Tender Call No. 227-2017 Contract No. 17ECS-MI-02DC


This Tender Checklist is provided for the convenience of Bidders. Bidders are advised to read and understand the entire Tender document package.

Make sure your Tender submission is complete. The Tender Submission Package must be legible, neat and filled out in ink.

Your bid is to include the following where applicable, but not limited to:

ITEMS THAT MUST BE SUBMITTED ON TENDER CLOSING COMPLETED

Tender Call Cover page which includes:

Filling in contact information for Bidder

Filling in the Amount of Tender

Acknowledging receipt of Addendums (if applicable)

Signed Cover by Signing Officer authorized to bind the Bidder

Tender Submission Package Forms including:

Bid Bond form completed, signed and sealed by the Bidder and a Surety Company licensed in the province of Ontario

City Policies Submission form completed and signed

Pricing Forms completed

Schedule of Prices Form completed

Mandatory Submission Requirements Prior to Award:

Experience and Qualifications Form

Statutory Declaration Form for Occupational Health and Safety completed

List of Subcontractors Form

Corporate Profile Report

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Return Label Tender Call No. 227-2017 Contract No. 17ECS-MI-02DC


Please firmly affix this return label to the envelope containing your submission. Note: The front of your envelope must indicate ALL of the information shown on the label below. Purchasing and Materials Management cannot be held responsible for documents submitted in envelopes that are not labelled in accordance with the above instructions. If you have any questions feel free to contact the Corporate Buyer referred to on the Tender Call Cover Page.

Return Label

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Firm Name ____________________________________________________________ Tender Call No. 227-2017 Contract No. 17ECS-MI-02DC Closing Date: 12:00 pm Noon, October 3, 2017

Chief Purchasing Official Purchasing and Materials Management Division 18th Floor, West Tower, City Hall 100 Queen Street West Toronto Ontario M5H 2N2 Canada

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Table of Contents Tender Call No. 227-2017 Contract No. 17ECS-MI-02DC

ECS Vertical – March 1, 2017 Page-i

Page No.

Section 1 – Tender Process Terms and Conditions 14

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

Section 2 – Information for Bidders 9

1. General Information 2-1 2. Mandatory Site Meeting 2-2 3. Pre-Qualification – N/A 2-2 4. Deadline for Questions 2-2 5. Fair Wage Schedule Information 2-2 6. Social Procurement Program – Workforce Development Requirement – N/A 2-3 7. COR™ Certification Requirement – N/A 2-3 8. Invoice and Billing Requirements 2-3 9. Instructions for Section 3 – Tender Submission Package 2-5 8.1 Mandatory Bid Submission Requirements 2-5

A. Tender Call Cover Page 2-5 B. Bid Bond and Other Security 2-5

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ECS Vertical – March 1, 2017 Page-ii

Page No.

C. City Policies Submission Form 2-6 D. Pricing Form 2-6 E. Schedule of Price Savings – N/A 2-6

8.2 Mandatory Submission Requirements Prior to Award 2-6 A. Experience and Qualifications Form 2-6 B. Statutory Declaration for the Occupational Health and Safety Act 2-7 C. Certificate of Recognition COR™ Requirement – N/A 2-8 D. List of Subcontractors Form 2-8 E. Corporate Profile Report 2-8 F. Itemized Prices – N/A 2-9

Section 3 – Tender Submission Package 20

1. Bid Bond 3-1 2. Statutory Declaration Form for OHSA Occupational Health and Safety 3-3 3. City Policies Submission Form 3-6 4. Pricing Form 3-12 5. Schedule of Prices 3-14 6. Experience and Qualifications Form 3-18 7. List of Subcontractors Form 3-20

Section 4 – Scope of Work – Table of Contents

Section 4 – Scope of Work – Technical Specifications and Drawings

4-1

CD

Section 4A – Special Specifications 4A-1

Attachment 1 – Field Services Manual Appendix E - As-build Features Requirements CD

Section 5 – Supplementary Conditions to CCDC 2-2008 Stipulated Price Contract

p 107

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

Attachment ‘A' – Plant Wide Designated Substances Survey

CD Attachment ‘B' – Notice of Project (N.O.P.) Form (Sample Only) Attachment ‘C' – City of Toronto, Safe Working Procedures Attachment ‘D' – Ashbridges Bay Treatment Plant Confined Space Registry

Section 6 – Contract Execution Package 9

1. Instructions 6-1 2. CCDC 2-2008 Stipulated Price Contract 6-2 3. CCDC 221-2002 Performance Bond 6-3 4. CCDC 222-2002 Labour & Material Payment Bond 6-4 5. WSIB & Tax Statutory Declaration Form 6-5 6. Insurance Certificate 6-6 7. Supplementary Statutory Declaration Form for Occupational Health and Safety 6-8

Section 7 – City Policies 7.1

1. Chapter 67 Schedule A & Schedule C – Fair Wage Policy 7.2

2. Chapter 67 Schedule B – Labour Trades Contractual Obligations in the 7.2

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ECS Vertical – March 1, 2017 Page-iii

Page No.

Construction Industry

3. City of Toronto Accessible Customer Service Training Requirements 7.2

4. Purchase of Products Manufactured in Factories Where Children Are Used as Slave Labour

7.2

5. Environmentally Responsible Procurement Statement (Orange Copy 7.2

6. Right to Reject Debtors and Set-off Policy 7.2

7. Toronto Licensing Requirements 7.2

8. Tree Protection Policy and Specifications for Construction Near Trees 7.2

9. Contractor Performance Evaluation (CPE) Form 7.2

10. Notice of 'No-Bid' Form 7.2

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Section 1 – Tender Process Terms and Conditions Tender Call No. 227-2017 Contract No. 17ECS-MI-02DC

ECS Vertical – June 1, 2017 Page 1-1

1. Definitions

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

engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having access to information in the preparation of its Bid that is confidential to the City and not available to other Bidders; (ii) communicating with any person with a view to influencing preferred treatment in the Tender Call process including the giving of a benefit of any kind, by or on behalf of the Bidders to anyone employed by, or otherwise connected with, the City; or (iii) engaging in conduct that compromises or could be seen to compromise the integrity

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of the open and competitive Tender Call process and render that process non-competitive and unfair; or

b) in relation to the performance of its contractual obligations in the City contract, the

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

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

an equity-seeking community, or

• A social purpose enterprise whose primary purpose is to create social, environmental or cultural value and impact, and where more than 50% of the persons who are full-time equivalent employees or are participating in, or have completed, transitional employment training, experience economic disadvantage.

"Equity-seeking Community" means a group that experiences discrimination or barriers to equal opportunity, including women, Aboriginal People, persons with disabilities, newcomers/new immigrants, LGBTQ+ people, visible minorities/racialized people, and other groups the City identifies as historically underrepresented. “MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act R.S.O. 1990, Chapter M.56, as amended, or any successor or replacement legislation; “Subcontractor” means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor; “Successful Bidder” means the Bidder that has been selected to perform the Work; "Supplier Certification Organization" means a non-profit organization recognized by the City of Toronto that certifies businesses and enterprises as diverse Suppliers by assessing them using established, consistent criteria. Recognized Supplier certification organizations include:

• Canadian Aboriginal and Minority Supplier Council • Canadian Gay and Lesbian Chamber of Commerce

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• Social Purchasing Project • Women Business Enterprise Canada • Canadian Council for Aboriginal Business

"Supplier Code of Conduct" means business ethical standards contained in Article 13 Chapter 195, Purchasing, of the Toronto Municipal Code; “Tender Call” means this Tender Call package in its entirety, inclusive of all appendixes and Addenda/Addendum that may be issued by the City; “Work” means all services and deliverables to be provided by a Contractor as described in this Tender Call. "Workforce Development" means a relatively wide range of activities, policies and programs to create, sustain and retain a viable workforce that can support current and future business and industry. It is an approach that integrates career exploration, industry–driven education and training, employment, and career advancement strategies, facilitated by the collaboration between employers, training and education institutions, government, and communities.

2. Bidder’s Responsibility

It shall be the responsibility of each Bidder:

a) to acquire, from online or other sources as specified, any document (including any applicable copyright seal) that is referenced or mentioned in this Tender Call which is not physically attached herein;

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

and addenda; c) to become familiar and comply with all of the terms and conditions contained in this

Tender Call and the policies and legislation set out on the City's website at: www.toronto.ca/purchasing/policies .

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

3. Tender Submission Package

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

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discrepancy exists between the total price and the unit price, the unit price shall prevail and the total price shall be adjusted accordingly.

4. Bid Bond

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

5. Site Meetings Mandatory Site Meetings

If a mandatory site meeting has been indicated in the Tender Call, then interested Bidders MUST attend the site meeting to familiarize themselves with the project and ascertain the full extent of the Work required. Bidders must sign in with the City’s representative at the mandatory site meeting during the designated date and time for their Bid to be considered. Bids submitted by Bidders that do not attend the mandatory site meeting SHALL be declared non-compliant. Optional Site meetings If a mandatory site meeting is not required, interested Bidders may be invited to attend an optional site meeting as indicated on the Tender Call Cover Page to familiarize themselves with the project and ascertain the full extent of the work required. Any information available at the optional site meeting will be issued by an Addenda to the list of Bidders who purchased the Tender from the City.

6. Fair Wage Policy

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

7. Social Procurement Program - N/A

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8. Questions

All questions concerning this Tender Call should be directed in writing to the Buyer as designated on the Tender Call Cover Page. No other City representative, whether an official, agent or employee, is authorized to speak for the City with respect to this Tender Call, and any Bidder who uses any information, clarification or interpretation from any other representative does so entirely at the Bidder’s own risk. Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt by a Bidder to bypass the Tender Call process may be grounds for rejection of its Bid. Commencing from the issue date of this Tender Call until the time of any ensuing Award and execution of the final form of contract, no communication shall be made by any person, including potential Bidders, or its representatives, including a third-person representative employed or retained by it (or any unpaid representatives acting on behalf of either), to promote its Bid or oppose any competing Bid, nor shall any potential Bidder, or its representatives, including a third-person representative employed or retained by it (or any unpaid representatives acting on behalf of either), discuss this Tender or its Bid with any City staff, City officials or Council member(s), other than a communication with the Buyer as identified on the Tender Call Cover Page. Communications in relation to this Tender Call outside of those permitted by the applicable procurement policies and this Tender Call document contravene the Lobbying By-law, an offence for which a person is liable to a maximum fine of $25,000.00 on a first conviction and $100,000.00 on each subsequent conviction. In addition, the City's Supplier Code of Conduct provides that any Bidder found in breach of the policy may be subject to disqualification from the call or suspended from future call or calls at the discretion of the Chief Purchasing Official or Council. Notwithstanding anything to the contrary set out in this document, the obligations with respect to lobbying as set out in the City of Toronto Municipal Code, Chapter 140 shall apply. The links to the City's Supplier Code of Conduct (Article 13 of the Purchasing By-law) Procurement Processes Policy, Lobbying By-Law and Interpretive Bulletin on Lobbying and Procurement are as follows: www.toronto.ca/citybusiness/pdf/policy_procurement_process.pdf www.toronto.ca/legdocs/municode/1184_140.pdf www.toronto.ca/lobbying/pdf/interpretation-bulleting_lobbying-procurements.pdf

9. Addenda

If the City, for any reason, determines that it is necessary to provide additional information relating to this Tender Call, such information will be communicated to all Bidders by Addenda. Each Addendum shall form an integral part of this Tender Call. Such Addenda may contain important information, including significant changes to this Tender Call. Bidders are responsible for obtaining all addenda issued by the City. All Bidders must acknowledge receipt of all Addenda in the space provided on the Tender Submission Form.

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The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the final Addendum (if any) no later than two (2) days prior to the Closing Date. If any Addendum is issued after the deadline for issuing Addenda, the City may at its discretion extend the Closing Date for a reasonable amount of time.

10. Omissions, Discrepancies and Interpretations

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

11. Bidders Shall Bear Their Own Costs

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

12. Limitation of Liability

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

13. Post-submission Adjustments

No unilateral adjustments by Bidders to submitted Bids will be permitted.

14. Withdrawal of Bids

A) Prior to the Closing Date

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

B) During Opening

Not applicable.

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15. Irrevocability

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

16. Acceptance of Bids

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

B. The City may modify and/or cancel this Tender Call prior to accepting any Bid. C. Bids may be accepted or rejected in total or in part. D. The lowest quoted price may not necessarily be accepted by the City. E. In determining which Bid provides the best value to the City, consideration may be

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

F. The City reserves the right to verify the validity of information submitted in the Bid

and may reject any Bid where, in the City’s sole estimation, the contents appear to be incorrect, inaccurate or inappropriate.

G. If the City makes a request to a Bidder for clarification of its Bid, the Bidder will

provide a written response within 48 hours accordingly, unless otherwise indicated, which shall then form part of the Bid.

H. The City reserves the right to assess the ability of the Bidder to perform the Contract

and may reject any Bid where, in the City’s sole estimation, the personnel and/or resources of the Bidder are insufficient.

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

that the Bid is materially unbalanced.

A bid is materially unbalanced when:

(1) it is based on prices which are significantly less than the cost for some items of work and prices which are significantly overstated in relation to the cost for other items of work; and

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

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

17. Non-compliant Bids

The City reserves the right to waive minor irregularities in any Bid. The chart below lists irregularities and the respective action that will be taken by the Chief Purchasing Official, in determining whether a Bid is non-compliant. The Chief

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Purchasing Official is not limited to the following list for reasons to declare a Bid non-compliant. Bidders are reminded to read the entire Tender Call document, as failure to comply with other requirements may or shall result in a Bid being declared non-compliant. No. Irregularity Response

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

2 Unsealed Envelope(s) or package(s)

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

Bid Security – Execution

3

No bid security;

Cheque not certified; or,

Not an original bid security (e.g. a photocopy or a facsimile of a bid bond)

Automatic Rejection

Insufficient bid security Automatic Rejection

Does not name "City of Toronto"

Automatic Rejection

Bid bond missing bidder's seal Automatic Rejection

Bid bond missing SURETY seal Automatic Rejection

Bid bond missing authorized signature of bonding company

Automatic Rejection

Bid bond missing authorized signature of bidder

Automatic Rejection

Response Document – Execution

4

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

Automatic Rejection

Response not in English Automatic Rejection

Response document missing signature of bidder

Automatic Rejection

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

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

Incomplete Response

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

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

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Qualified Response

6

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

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

Price Form

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

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

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

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

9

Price form containing clerical error(s)

(Un-initialed erasures, overwriting, or strike-outs,)

Two (2) business days to correct after official notification

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


Unit price missing (pricing form) Automatic Rejection

Lump sum missing (pricing form)

Automatic Rejection

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

Corrected by the Purchasing Manager

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

Automatic Rejection

Bid Execution Form

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

Automatic Rejection

11

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


Other Irregularities

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

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18. Execute Contract

The Successful Bidder shall be required to execute the Contract by taking the following steps within 10 Working Days, not including Saturday, Sunday or a legal holiday, after being notified by the City that the Contract is ready for signature: • execute four—or such manner as requested by the City—original copies of the Form

of Agreement

• obtain and furnish four—as such manner as requested by the City— original copies of a CCDC 221-2002 Performance Bond and a CCDC 222-2002 Labour and Material Payment Bond all signed and sealed by itself and its surety

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

• complete and sign the City's WSIB & Tax Statutory Declaration Form, and

• complete and sign the Supplementary Statutory Declaration, if required.

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

19. Offer to Agencies and Corporations (Piggyback Option) – N/A

20. Failure or Default of Bidder

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

Calls issued by the City for a period of one year; and

b) require the Bidder to pay the City the difference between its Bid and any other Bid which the City accepts, if the latter is for a greater amount and, in addition, to pay the City any cost which the City may incur by reason of the Bidder’s failure or default.

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

21. Currency

Unless otherwise stated herein, prices quoted are to be in Canadian dollars. 22. Tied Bids

In the event that the City receives two or more Bids identical in price, the City reserves the right to select one of the tied Bids as set out in the Tied Bid procedure under the Purchasing Procurement Processes Policy. The Tied Bid procedure allows for first to

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consider whether any of the bidders are a Diverse Supplier as defined in the Social Procurement Policy to break the tie. If no bidder is a Diverse Supplier then the tie will be broken by way of coin toss or lottery.

23. Mathematical Errors

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

24. Ownership and Confidentiality of City Provided Data

All correspondence, documentation and information provided by City staff to any Bidder or prospective Bidder in connection with, or arising out of this Tender Call, the Work or the acceptance of any Bid: a) is and shall remain the property of the City; b) must be treated by Bidders and prospective Bidders as confidential; c) must not be used for any purpose other than for replying to this Tender Call, and for

fulfillment of any related subsequent agreement.

25. Ownership and Disclosure of Bid Documentation

The documentation comprising any Bid submitted in response to this Tender Call, along with all correspondence, documentation and information provided to the City by any Bidder in connection with, or arising out of this Tender Call, once received by the City: a) shall become the property of the City; b) shall become subject to MFIPPA, and may be released, pursuant to that Act. Because of MFIPPA, prospective Bidders are advised to identify in their Bid material any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury. Each Bidder’s name and total bid price shall be made public. Bids will be made available to members of Council on a confidential basis and may be released to members of the public pursuant to MFIPPA.

26. Intellectual Property Rights

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

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27. Notification to Other Bidders

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

28. Debriefing Bidders may request a debriefing after receipt of a notification of the outcome of the selection process. All requests must be in writing to the City Contact and must be made within sixty (60) days of notification of the outcome of the selection process. The intent of the debriefing information session is to aid the Bidder in presenting a better bid in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the Tender process.

29. Bid Protest Procedure A) Pre-award bid disputes.

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

B) Post-award bid disputes.

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

A. A specific description of each act or omission alleged to have materially

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

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

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

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

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

30. Supplier Code of Conduct

A. Honesty and Good Faith

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

Bidders must maintain confidentiality of any confidential City information disclosed to the Bidder as part of the Tender Call. C. Conflicts of Interest and Unfair Advantage

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

D. Collusion or Unethical Bidding Practices

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

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

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

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

Bidders are prohibited from misrepresenting their relevant experience and qualifications in relation to the Tender Call and acknowledge that the City's process of evaluation may include information provided by the Bidder's references as well as records of past performance on previous contracts with the City or other public bodies. I. Prohibited Communications

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

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

Bidders shall fully perform their contracts with the City and follow any reasonable direction from the City to cure any default. Bidders shall maintain a satisfactory performance rating on their previous contracts with the City and other public bodies to be qualified to be awarded similar contracts. L. Disqualification for Non-compliance with Supplier Code of Conduct

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

31. Governing Law and Interpretation

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

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Section 2 – Information for Bidders Tender Call No. 227-2017 Contract No. 17ECS-MI-02DC


1. General Information

Section 1 – Tender Process Terms and Conditions sets out the terms and conditions that will be used during the process of the Tender Call. Each Bidder should review the terms and conditions to understand the rules related to the Tender Call process.

Section 2 – Information for Bidders contains general information and instructions for Bidders in relation to filling out this Tender Call.

Section 3 – Tender Submission Package contains the forms that must be filled out and returned to form a complete Bid. Please see below for instructions.

Section 4 – Scope of Work contains the scope of work for the Tender Call, the specifications that must be abided by for the Tender Call and any related drawings to understanding the work required. Bidders should review this section in detail to fully understand what the Bidder is bidding on. Section 4A – Special Specifications contains special requirements for the Work. Refer to GC 1.04 in Section 5 – General Conditions of Contract for the definition of 'Special Specification'.

Section 5 – General Conditions of Contract contains the CCDC-2 – 2008, Stipulated Price Contract and the City of Toronto’s Supplementary General Conditions to the CCDC-2 -2008, Stipulated Price Contract. The Bidder should review these terms, along with any Specific Conditions of Contract that may be included as Section 5A, to understand the Contract being entered into with the City.

Section 5A – Specific Conditions of Contract, if included, contains additional terms for the Contract that supersedes or adds to the General Conditions of Contract. The Bidder should review these terms to understand the Contract being entered into with the City.

Section 6 – Contract Execution Package will contain: (i) the CCDC-2 – 2008, Stipulated Price Contract (CCDC -2 is published by the Canadian

Construction Document Committee ("CCDC") and is available for purchase from authorized document outlets listed on the following Web site: www.ccdc.org/document/ccdc2/

(ii) the CCDC 221-2002 Performance Bond and the CCDC 222-2002 Labour and Material

Bond (both of these bonds must be obtained by the Successful Bidder and are available for purchase from authorized document outlets listed on the following Web site: www.ccdc.org/document/ccdc-221/ or a surety company);

(iii) the City's form of Insurance Certificate; (iv) the WSIB & Tax Statutory Declaration; and (v) if applicable, a Supplementary Statutory Declaration for Occupational Health and

Safety/Asbestos.

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These forms do not have to be submitted for the Bid to be valid. Please see Section 1, Article 18 for additional information on the execution of the Contract.

Section 7 – City Policies contains specific policies related to the Tender Call. It is the responsibility of the Bidder to review all of the City’s policies in Section 7 and as found on the City’s website at www.toronto.ca/purchasing/policies . This section of the document contains a copy of the Contractor Performance Evaluation Form. The form helps to summarize and quantify performance. It provides guidance to City staff on creating and maintaining an evaluative record of a Contractor's performance on City projects for the purpose of contract management and future purchasing decisions. Further information regarding the Contractor Performance Procedure can be found at City's website at CPE Procedure.

2. Mandatory Site Meeting

Bidders are required to attend the following mandatory site meeting to ascertain the amount of work involved. A mandatory site meeting will take place at 1:30p.m. local time on September 20, 2017 on site. Meet with the City representative at Tubs and Gee Gage Rugby Field at 1091 Eastern Avenue, Toronto. Site meetings will not be available at any other times.

Bidders must sign in with the City’s representative at the mandatory site meeting during the designated date and time for their Bid to be considered. Bids submitted by Bidders that do not attend the mandatory site meeting SHALL be declared non-compliant.

3. Deadline for Questions

All questions concerning this Tender Call should be directed in writing to the Buyer indicated on the Tender Call Cover Page. The last day for questions with respect to this Tender Call is three (3) working days before closing time and date.

4. Fair Wage Schedule Information

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

“INDUSTRIAL, COMMERCIAL, INSTITUTIONAL (I.C.I.) WORK”

Please review a copy of the Fair Wage Schedule applicable to this Tender Call. The Fair Wage Schedules can be found at the following website:

www.toronto.ca/fairwage/index.htm

In the event that other Fair Wage Schedules may overlap the work covered by this Contract or if you have any questions with respect to the Fair Wage Policy or the Fair Wage Schedules please contact the fair wage office by:

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Phone: 416-392-7300 Fax: 416-392-0801 E-mail: [email protected]

5. Social Procurement Program – Workforce Development Requirement – N/A

6. Certificate of Recognition (COR™) Requirement Information – N/A 7. Invoice and Billing Requirements

To assist in prompt payment, it is essential that all required billing information is provided on the invoice submitted to the City. If billing information is missing from an invoice it will result in a payment delay and the invoice may be returned to you without payment.

It is the vendor's responsibility to submit accurate invoices for goods and services delivered to the City divisions. If an inaccurate invoice, for example pricing, quantity or services provided is submitted, the vendor will be requested to issue a credit note and submit a new invoice. If the invoice in question offered an early payment discount, the re-issue date of the new invoice will be used to calculate the early payment discount terms.

7.1 Standard Invoices

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

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

2) Electronic Invoices

To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will accept electronic vendor invoices submitted via email to [email protected] . Electronic invoices submitted must be in a PDF format with either single or multiple invoice(s) per attachment. Note: Do not send statements or past due invoices to this email address, only current invoices will be accepted. Do not send hard copy invoices to Corporate Accounts Payable if you have submitted an electronic invoice. If you have any questions regarding this process, please contact AP Customer Service at 416-397-5235 and follow the prompts.

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

I. Name of City division,

II. The City division’s contact name and phone number (the person ordering or picking up the goods and/or services),

III. Delivery location of goods and/or services (excluding pick-up order),

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

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

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

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

Corporate Accounts Payable. These invoices are considered paid.

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

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

not Corporate Accounts Payable.

7.2 Construction Contracts and Consultant Assignments Related to Capital Projects With a Holdback Only Invoices related to an approved capital project with a holdback and managed by a Contract Administrator must be forwarded to the Contract Administrator for review and approval. Billing requirement direction will be provided by the contract custodian or City divisional designate prior to the start of the contract. 1) All invoices must be addressed and sent directly to:

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

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

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

information including:

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

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

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

VII. Location of work VIII. Bill through dates(work done): from and to

IX. Invoice date X. Sub-total amount: excluding all taxes

XI. Total invoice amount; including all taxes

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

7.3 Payment Terms

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

7.4 Discount Terms The City will consider offers of early payment discount terms. If correct billing information has been indicated on the invoice, it is the City’s policy to pay within vendor’s discount terms from the receipt date of the invoice in the Corporate Accounts Payable unit – Metro Hall, 55 John Street, 14th Floor.

Early Payment terms should be clearly indicated on the invoice. Note: Discount terms for early payment cannot be earlier than 15 days from the receipt

date of the invoice by the City of Toronto, Corporate Accounts Payable unit. 7.5 Direct Deposit

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

8. Instructions for Section 3 – Tender Submission Package

8.1 Mandatory Bid Submission Requirements

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

A. Tender Call Cover Page

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

Remember to indicate the receipt of all addenda.

B. Bid Bond and Other Security

Every Bidder shall submit with their Bid a Bid Bond in the amount of $259,000.00 and will agree to provide a Performance Bond and a Labour and Material Bond for the due and proper performance of the Work, each in the amount of 50 per cent of the Contract amount including an extended 24 month warranty period. The Bonds will be issued by a

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licensed surety company authorized to transact business in the province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. The bonds shall be in accordance with the City's standard form attached to this document.

Failure of a Bidder to submit a fully completed Bid Bond, in the form enclosed in the Tender Submission Package, SHALL result in the Bid being rejected as non-compliant. Should the Bidder fail or refuse to execute the Form of Contract within 10 Working Days after being requested by the City, it will be considered that the Bidder has abandoned all rights and interests in the award and the City will call on the Bid Bond.

C. City Policies Submission Form

The Policy Submission Form contains statements from different City of Toronto policies. The complete text of these policies can be found on the City’s website www.toronto.ca/purchasing/policies . The Bidder shall answer the questions posed and include the signed submission form with the completed Tender Submission Package.

D. Pricing Form

All instructions to fill out the Pricing Form can be found on the first page of the Pricing Form in Section 3 – Tender Submission Package. In the event of any discrepancy between the information provided by the Bidder on the Tender Call Cover Page and the amount set out in the Pricing Form, the Pricing Form shall govern. In the event of any discrepancy between the total price and the unit price, the unit price shall prevail and the total price may be adjusted and verified according to City's Mathematical Errors Procedure.

E. Schedule of Price Savings – N/A

8.2 Mandatory Submission Requirements Prior to Award

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

A. Experience and Qualifications Form

The Bidder must have the following experience in order to be considered for award:

1. Must have completed a minimum of three (3) similar sports field projects with a minimum value of $1,000,000.00 Canadian dollars each (excluding taxes) within City of Toronto and the Greater Toronto Area. At least one (1) of these projects must include municipal work including coordination with operations and tie in with existing watermain systems.

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In order to prove they have the required experience, the Bidder must complete and submit the Experience and Qualifications Form as contained in Section 3 – Tender Submission Package as part of their Tender submission and provide the following information:

Project description, that is location, scope of work, project value and contract number;

Approval authority contact along with telephone or e-mail information; Owner contact information; Consultant contact information; and List of Sub-Contractors for each project.

In providing this information, the Bidder gives the City and/or the Consultant consent to contact these individuals to confirm the information. Failure to provide the required information listed on the Experience and Qualifications Form shall render the Bid non-compliant. If required, the City will make its own arrangements in contacting the references. If, at the City’s sole discretion, the references do not confirm the Bidder’s ability to undertake the Work associated with the requirements stated in this Tender Call, the Bid will be declared non-compliant and will not be considered for award.

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

B. Statutory Declaration for the Occupational Health and Safety Act

It is the Bidder’s responsibility as "Constructor" under the provisions of the Occupational Health and Safety Act of Ontario, R.S.O. 1990, c. O.1, as may be amended (hereinafter “OHSA”), to co-ordinate the activities of all employees and workers under the Bidder’s control operating within the Contract limits to ensure that the requirements of the OHSA are satisfied. To that end, the Bidder must complete the Statutory Declaration found in Section 3 indicating whether they comply with the OHSA. This Statutory Declaration must be signed and declared before a Commissioner of Oaths. The Statutory Declaration states that: i) the Bidder and all Subcontractors have in place safety programs according to the

requirements of the OHSA; ii) all employees of the Bidder and Subcontractors have received training in

occupational safety in accordance with the requirements of the OHSA; and iii) a representative of the Bidder, whom he shall designate and name in the required

Statutory Declaration, with responsibility for supervising the Contract's implementation is qualified as a "Competent Person" as defined in the OHSA.

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

C. Certificate of Recognition COR™ Requirement – N/A

D. List of Subcontractors Form

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

E. Corporate Profile Report Upon request the Contractor will be required to provide a copy of the Contractor's and/or any of the Contractor's Affiliated Person's Corporate Profile Report(s) (Ontario), or equivalent official record issued by the appropriate government authority.

The City also reserves the right to require the Contractor to provide a copy of the

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Corporate Profile Report or equivalent official record for all of the Contractor's affiliated or related legal entities.

The Corporate Profile Report(s) must have been issued not more than ten (10) working days prior to the date that the City requests the report. The City reserves the right to confirm the accuracy of the information contained in the Corporate Profile Report, and to require additional information from the contractor as necessary.

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

F. Itemized Price – N/A

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Section 3 – Tender Submission Package Bid Bond

Tender Call No. 227-2017 Contract No. 17ECS-MI-02DC


Bond No:

KNOW ALL MEN BY THESE PRESENTS that we

herein called the "Principal"

- and -

herein called the "Surety"

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

TWO HUNDRED AND FIFTY NINE THOUSAND DOLLARS ($259,000.00)

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

SEALED with our several and respective seals.

DATED this day of 20

WHEREAS the said Principal is herewith submitting to the City its Tender for

TENDER CALL NO. 227-2017 CONTRACT NO. 17ECS-MI-02DC

Tubs and Gee Gage Park Rugby Field Relocation and Parking Lot Development

and the said Tender provides that it is to continue open to acceptance and to be irrevocable until the formal contract is executed by the successful Bidder.

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Section 3 – Tender Submission Package Bid Bond



NOW the condition of this obligation is such that if, on acceptance of the Tender of the aforesaid Principal in accordance with the terms and conditions of said Tender within 120 days from the closing date of the Tender, the said Principal shall, within the time required, enter into a formal contract and give good and sufficient bonds required by the said Tender to secure

(i) the performance of the terms and conditions of the contract, and

(ii) payment for certain labour and materials,

both in the forms required by the City then this obligation shall be void; otherwise the Principal and Surety will pay unto the City the difference in money between the total amount of the Tender of the said Principal and the sums of the amount for which the City legally contracts with another party to perform the work and for which the City of Toronto may expend or for which it may become liable by reason of such default or failure, including the cost of any advertisement for new Tenders if the latter sums of the amount be in excess of the former; but in no event shall the Surety's liability exceed the penal sum hereof.

AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable as Principal and that nothing of any kind or matter whatsoever that will not discharge the Principal shall operate as a discharge or release of liability of the Surety, any law or usage relating to the liability of Sureties to the contrary notwithstanding.

SEALED AND DELIVERED )

in the presence of )

)

) Principal

)

)

)

Surety

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Section 3 – Tender Submission Package Statutory Declaration Form for Occupational Health and Safety Act



DOMINION OF CANADA } IN THE MATTER of a proposed Contract for } PROVINCE OF ONTARIO } } JUDICIAL DISTRICT } } OF YORK; } } TO WIT: } as hereinbefore described on the first page of the TENDER CALL.

I/we

of the city / town / village of

in the province of do solemnly declare as follows:

IF AN INDIVIDUAL STRIKE OUT "OF"

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

of (State Firm Name)

the Bidder herein.

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

I am the Bidder herein and I carry on business at

under the name of and (State Firm Name)

there is no other person associated with me in partnership.

IF A PARTNERSHIP, USE THE FOLLOWING PARAGRAPH

We are the Bidders herein and we carry on business at

in partnership,

under the name of and (State Firm Name)

we are the only members of such partnership.

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

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

a) HAVE/HAVE NOT YET ** conducted training for all personnel to be involved in providing such goods and services as required by the OHSA and all regulations thereunder, including those with respect to the workplace hazardous materials information system, industrial establishments, construction projects and designated substances.

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

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

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

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

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

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

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

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

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

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Section 3 – Tender Submission Package City Policies Submission Form



Policies

The Bidder has read, understood and agrees to comply with the terms and conditions contained in this Tender Call and the City’s Policies and Legislation set out on the City of Toronto website at: www.toronto.ca/purchasing/policies .

Declaration of Compliance with the City's Supplier Code of Conduct

By signing this form, the Bidder acknowledges that it has read and understands its obligations under the Supplier Code of Conduct and further certifies that the Bidder, and any of its proposed subcontractors, will provide the services in compliance with the Supplier Code of Conduct.

Refer to the Supplier Code of Conduct in Article 13 of Chapter 195, Purchasing, of the Toronto Municipal Code.

Prohibition against Collusion and Unethical Bidding

If the box below is left blank, the Bidder will be deemed to declare that it had no affiliation or other relationships with other Bidders that might be seen to compromise the principle of fair competition, including any proposed subcontracting relationships.

If the Bidder declares an affiliation or other relationship with other Bidders that might be seen to compromise the principle of fair competition, the Bidder must set out the details below:

Refer to the Supplier Code of Conduct mentioned above.

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Prohibition against Illegality

If the box below is left blank, the Bidder will be deemed to declare that is has no previous convictions of itself or affiliated persons for collusion, bid-rigging, price-fixing, bribery, fraud, or other similar behaviors or practices prohibited under the Criminal Code, the Competition Act, or other applicable law, for which the Bidder has not received a pardon.

If the Bidder declares that it has previous convictions of itself or affiliated persons, the Bidder must set out the details below:

Refer to the Supplier Code of Conduct mentioned above.

Conflicts of Interest or Unfair Advantage

If the box below is left blank, the Bidder will be deemed to declare that (a) there was no Conflict of Interest in connection with preparing its Bid; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in this Tender Call.

Potential Conflicts of Interest or unfair advantage include, but are not limited to:

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

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

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

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

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Bidders; or

5) The Bidder or its affiliated persons are indebted to or engaged in ongoing or proposed litigation with the City in relation to a previous contract.

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

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

Name of Individual

Job Classification

Department

Last Date of Employment with the City

Name of Last Supervisor

Brief Description of Individual’s Job Functions

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

(Repeat above for each identified individual. Bidders may include this information on a separate sheet if more space is required)

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The Bidder agrees that, upon request, the Bidder shall provide the City with additional information from each individual identified above in a form prescribed by the City.

Purchase of Products Manufactured in Factories Where Children are Used as Slave Labour or Other Exploitive Circumstances Which Impedes Child Development (If Applicable)

Purpose:

To advise suppliers that the City of Toronto does not wish to encourage the use of products manufactured in factories where children are used as slave labour or other exploitive circumstances which impedes child development.

Policy:

Bidders must state where the products offered have been made. City Council does not wish to see products used that have been made in factories in countries where children are used as slave labour or other exploitive circumstances, which impedes child development. Therefore, preference will be given to bidders that obtain products from any country other than the aforementioned, but this criteria will not be used to disqualify any bidder.

Bidders must state where the products offered have been made:

_______________________ (Specify)

Bidders to state if products offered have been made in factories in countries where children are used as slave labour or other exploitive circumstances which impedes child development: _______________________ (Specify)

This policy will be considered in the evaluation of all Bids received.

Environmentally Responsible Procurement Statement (If Applicable)

To download a copy of the City of Toronto Environmentally Responsible Procurement Policy, go to policy at www.toronto.ca/calldocuments/pdf/environment_procurement.pdf

State if environmentally preferred products/service is being offered: Yes______ No______

State briefly the environmental benefit of the product/service offered:

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

Organizations/individuals in Ontario, including the City of Toronto, have obligations under the Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, the City of Toronto also has policies that prohibit discrimination on the additional grounds of political affiliation or level of literacy, subject to the requirements of the Charter. Organizations are required to have and post policies, programs, information, instruction, plans and/or other supports, and an appropriate internal process available to their employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints under the applicable legislation and including the additional grounds of discrimination prohibited under City policy. Individuals are obliged to refrain from harassment/hate activity.

The City of Toronto requires all organizations and individuals that contract with the City to sign the following Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy. This Declaration must be signed by your organization and submitted with the contract or Letter of Understanding. The name of your organization and the fact that you have signed this declaration may be included in a public report to City Council.

Declaration:

I/we uphold our obligations under the above provincial and federal legislation. In addition, I/we uphold our obligations under City policies which prohibit harassment/discrimination on a number of grounds including political affiliation and level of literacy.

WHERE LEGALLY MANDATED I/we have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with our obligations, and I/we have an internal process available to my/our employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. I/we agree that I/we shall, upon the request of the City, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the City to determine compliance. I/We acknowledge that failure to demonstrate compliance with this declaration to the satisfaction of the operating Division, in consultation with the City Solicitor, may result in the termination of the contract.

Accessibility for Ontarians with Disabilities Standards

The Bidder acknowledges that it shall deliver, as appropriate for each Deliverable, accessible and inclusive Services consistent with the Ontario Human Rights Code (OHRC), the Ontarians with Disabilities Act, 2001 (ODA) and Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and its regulations in order to achieve accessibility for Ontarians with disabilities. Bidders are also required to comply with the City’s accessibility standards, policies, practices, and procedures, which may be in effect during the Term of the Agreement and which apply to

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the Deliverables. The accessible customer service training requirements which are applicable to the Deliverables may be reviewed at: www.ontario.ca/laws/regulation/110191 .

Disclosure of Bid Information

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

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

______________________________________________

Signature of Authorized Signing Officer ______________________________________________

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

This Form is a Mandatory Submission Requirement

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Section 3 – Tender Submission Package Pricing Form



The Bidder hereby tenders and offers to enter into a Contract, being the Contract herein before referred to, to supply and do all or any part of the work which is set out or called for in this Bid, on the terms and conditions and under the provisions set out or called for in this Bid, at and for the following sum, which includes excise tax, patent fees, duty, exchange, all other charges, and Harmonized Sales Tax (HST), as specified and shown on the drawings for: All spaces for the aforementioned information must be completed in ink ensuring the printing is clear and legible.

Tubs and Gee Gage Rugby Field Relocation and Parking Lot Development

1 Basic Lump Sum Bid Price, excluding HST $

2 Total Allowance for Schedule of Prices, excluding HST,

(Carry forward from Section 3, page 3-16) $

3 Lump Sum Bid Price, excluding HST,

( addition of rows 1 and 2) $

4 Total HST (13%) Added to amount on row 3 $

5 TOTAL LUMP SUM BID PRICE :

( for evaluation purposes ) ( addition of rows 3 and 4 ) $

The Total Lump Sum Tender Price of: *

Canadian Dollars

* Insert the Total Lump Sum Bid Price amount above in words in the space provided and carry

forward this amount to the Tender Call Front Cover. Contract Time means the duration in weeks from the date of the written order to commence Work from the Executive Director of Engineering & Construction Services, or his/her designate, until completion of the Work. The City has estimated the reasonable range of Contract Time at between a minimum of 34 weeks and a maximum of 40 weeks. The Bidder agrees that the Contract Time shall be 37 weeks in absence of its own estimate set out below, or where the Bidder proposes a Contract

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Section 3 – Tender Submission Package Pricing Form



Time outside of the range provided by the City.

Subject to the above, the Bidder proposes the following Contract Time (in number of weeks) for the purposes of their Bid: __________**

( ** The Bidder to fill in number of weeks ). It is the Bidder's responsibility to reasonably assess the time required to complete the Work. If the Bidder's assessment indicates that the reasonable range set out above is insufficient to complete the Work, the Bidder must notify the City no later than the deadline for questions set out in Section 2 – Information for Bidders. In the absence of an addendum issued by the City altering the reasonable Contract Time range set out above, the Bidder shall be deemed to accept the Contract Time range set by the City. The Bidder agrees that, if the Bid is accepted, the Bidder will supply whatever additional articles and materials and execute whatever alterations, extras or deductions may be required to the works, and that payment for such alteration, extras or deductions shall be in accordance with the requirements of the General Conditions of this Contract.

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Section 3 – Tender Submission Package Schedule of Prices



The Bidder must fill in the following Schedule of Prices to cover alterations, extras or deductions. The terms of this Schedule apply notwithstanding anything to the contrary in the Contract Documents.

Schedule of Prices to Cover Alterations, Extras or Deductions

Item No

Description Provisional

Quantity Unit Unit Price Total Price

1 Additional Type 1A light duty

concrete paving to be placed under each of the rugby bleachers

300 m2 $ _______ / m2 $ ___________

2 Supply and install water bottle filling

station 1 LS

$ _______ each

$ ___________

3

Additional removal and disposal of contaminated soil (as defined by O.Reg. 153/04, exceeding Table 3 Standards) and classified as non-

hazardous waste (i.e., meeting Schedule 4 Leachate Quality

Criteria) under R.R.O. Reg. 347 to a licensed waste disposal facility.

2000 tonne $ _______ / tonne $ ___________

4

Removal and disposal of contaminated soil (as defined by O.

Reg. 153/04, exceeding Table 3 Standards) and classified as

hazardous waste (i.e. exceeding Schedule 4 Leachate Quality

Criteria) under R.R.O. Reg. 347 under manifest to a licensed waste

disposal facility.

100 tonne $ _______

/ tonne $ ___________

5 Removal and disposal of large

debris greater than 0.5m3 50 m3

$ _______ / m3 $ ___________

6

Geotextile membrane of a noticeable colour to be placed at the

interface between top of in-situ contaminated material and the base of the newly placed clean soil cap

10000 m2 $ _______ / m2 $ ___________

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Water Supply Connection Within Parkland

7

Supply and install water servicing (including meter chamber) from internal site connection up to the

point of connection for irrigation and water bottle filling station lines

1 LS $ _______

each $ ___________

8 Supply and install 75mm irrigation

supply line from point of connection to field

315 m $ _______

/ m $ ___________

9 Supply and install water bottle filling station 12mm supply line from point

of connection to bottle filler 305 m

$ _______ / m

$ ___________

Alternate #1 - Water Supply Connection On Eastern Avenue Road Allowance

10

Supply and install water servicing from Eastern Avenue within right of

way by City pre-approved contractor. Item includes, but is not limited to, water connection, apply and obtain Cut Permit, apply and

obtain Road Occupancy Permit, all remedial roadway and boulevard

work, and capping of water service at park property line.

1 LS $ _______ /

each $ ___________

11

Supply and install water servicing from Eastern Avenue Right of Way

line within park property. Item includes installation of chamber and service to the point of connection for

irrigation and water bottle filling station lines.

1 LS $ _______

each $ ___________

12 Supply and install 75mm irrigation supply line from Eastern Avenue point of connection to rugby field.

220 m $ _______ /

each $ ___________

13

Supply and install 12mm supply line to water bottle filling station from

Eastern Avenue point of connection to bottle filler.

210 m $ _______

/ m $ ___________

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Alternate #2 - Water Supply Connection On Lakeshore East Blvd. Road Allowance

14

Supply and install water servicing and connection from Lakeshore Blvd

including trenchless construction across Lakeshore Blvd. right of way

by City pre-approved contractor. Item includes, but is not limited to, water connection, apply and obtain Cut Permit, apply and obtain Road

Occupancy Permit, all remedial roadway and boulevard work, and capping of water service at park

property line.

1 LS $ _______

each $ ___________

15

Supply and install water servicing from Lakeshore Blvd within park

property. Item includes installation of chamber and service to the point of connection for irrigation and water

bottle filling station lines.

1 LS $ _______

each $ ___________

16 Supply and install 75mm irrigation supply line from Lakeshore Blvd point of connection to rugby field.

90 m $ _______

each $ ___________

17

Supply and install 12mm supply line to water bottle filling station from

Lakeshore Blvd point of connection to bottle filler.

175 m $ _______

each $ ___________

18 Testing allowance (environmental,

geotechnical etc.) 1 LS $80,000

19 Smog Alert Response Allowance 1 LS $ 20,000.00

20 GRAND TOTAL (Rows 1-19) $ ____________________________

(Carry forward to Page 3-12)

Total Allowance for Schedule of Prices To Cover Alterations, Extras or Deductions (Excluding HST) The contingency and cash allowances listed in this Schedule are for potential Work which may be required beyond the scope of this Contract. The unit prices entered by the Bidder for the items listed in this Schedule shall be used by the City to determine payments for the Work

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where those Work items are ordered by the Consultant, and shall also be used by the City to determine credits to the City from the Contractor where quantities ultimately required for unit price items under the base scope of the Contract are less than the original Contract quantities. The unit prices in the schedule shall not include HST nor overhead and profit. The unit prices inserted above for provisional quantities shall be used to determine payment for those items or credits even if actual quantities are found to vary considerably from them. In accordance with CCDC-2 Part 4, the Contract Price includes the cash allowances and the Contract Price includes all overhead and profit for those allowances. Profit and overhead on cash allowance Work will be in addition to the figures in the Schedule and will be calculated in accordance with the Contract Documents. The City will evaluate the three alternate options for water servicing scope prior to award. The City has a right to delete any items listed in Schedule of Prices to Cover Alterations, Extras or Deductions at the time of award. The City will add contingency at the time of award, the amount has not been determined yet. The contingency allowance includes all overhead and profit in connection with Work undertaken under the contingency allowance. The Bidder agrees that no part of the cash allowances or contingency allowance shall be expended without written direction from the Consultant. Payments from the contingency allowance will be made only following issuance of a Change Order approved by the Consultant. Any unused portion of the contingency allowance and cash allowances, and any credits to the City for unit price items shall be deducted from the Contract Price. In the event of obvious mathematical errors in the Schedule of Prices, the unit prices tendered shall be considered correct and arithmetic extensions and totals shall be corrected accordingly. Any such corrections resulting in adjustment to the total for the Schedule of Prices will be similarly applied as an adjustment to the Total Lump Sum Price tendered for the project. Bidders that do not fully complete these forms (such as leaving lines blank), or have unclear answers (such as "n/a", "-", "tba" or "included" etc.) will be declared non-compliant. Prices that are intended to be zero cost/no charge to the city are to be submitted in the space provided in the price schedule as "$0.00" or "zero". Payment for Work not listed in this Schedule will be made in accordance with the Contract Documents. Taxes Harmonized Sales Tax (HST) is to be applied to the prices submitted as specified in the relevant sections of the call document or in the Price Schedule provided in the call. HST for the supply and delivery of materials/goods are to be shown as additional separate line items on the Price Schedule and any subsequent invoice.

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Section 3 – Tender Submission Package Experience and Qualification



Name of Bidder: Date: The Bidder must provide a minimum of three (3) reference projects for the purpose of confirming the Bidder's experience and track record of success as per Section 2, Item 8.2 A. Each reference project shall include: Failure to provide verifiable experience will declare the bid non-compliant 1. Project Experience / Comparable Projects (Section 2, Clause 6.1.G.1)

First Reference

Project Description

Location:

Scope of Work:

Date of Start and Substantial Performance:

Project Value

Owner contact (phone and e-mail)

Authority contact (phone and e-mail)

Consultant contact (phone and e-mail)

Second Reference

Project Description

Location:

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Section 3 – Tender Submission Package Experience and Qualification



Scope of Work:


Project Value




Third Reference

Project Description

Location:

Scope of Work:


Project Value




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Section 3 – Tender Submission Package List of Subcontractors Form



Upon request, the Bidder shall provide the subcontractor’s name for each work type indicated in the table below or indicate “OWN FORCES” in the “Subcontractor Name” column if a subcontractor will not be used for the work type indicated. The names of all subcontractors to be used for each work type indicated must be provided.

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

List of Subcontractors

Name of Bidder: Date:

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

Work Types Subcontractor Name

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Section 4 – Scope of Work - CD Technical Specifications


ECS Vertical – March 1, 2017 Page 4-1

Table of Contents DIVISION 01 GENERAL REQUIREMENTS

01040 Use of Owner's Site 01 11 00 Summary of Work 01 14 00 Work Restrictions 01 29 00 Payment Procedures 01 33 00 Submittal Procedures 01 35 00.06 Special Procedures for Traffic Control 01 35 43 Environmental Procedures 01 41 00 Regulatory Requirements 01 45 00 Quality Control 01 51 00 Temporary Utilities 01 52 00 Construction Facilities 01 56 00 Temporary Barriers and Enclosures 01 61 00 Common Product Requirements 01 71 00 Examination and Preparation 01 73 00 Execution 01 74 11 Cleaning 01 78 00 Closeout Submittals

DIVISION 02 EXISTING CONDITIONS

02 814 01 Hazardous Materials

DIVISION 03 CONCRETE

03 30 00.01 Cast-in-Place Concrete - Short Form

DIVISION 16 ELECTRICAL

16000 Electrical General Requirements 16005 Basic Materials and Methods 16010 Lighting Systems and Schedules

DIVISION 31 EARTHWORK

31 11 00 Clearing and Grubbing 31 22 13 Rough Grading 31 23 19 Dewatering 31 23 33.01 Excavating, Trenching and Backfilling 31 32 19.01 Geotextiles 31 37 00 Rip-Rap

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 16.01 Granular Sub-base 32 12 16.01 Asphalt Paving - Short Form 32 15 40 Crushed Stone Surfacing 32 16 15 Concrete Walks, Curbs and Gutters

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Section 4 – Scope of Work Technical Specifications


ECS Vertical – March 1, 2017 Page 4-2

32 17 23 Pavement Marking 32 37 00 Exterior Site Furnishings 32 84 10 Landscape Irrigation 32 91 19.13 Topsoil Placement and Grading 32 92 23 Sodding 32 93 10 Trees, Shrubs and Ground Cover Planting 32 93 43.01 Tree Pruning

DIVISION 33 - UTILITIES

33 11 13 Watermains 33 41 13 Sewers 33 46 16 Subdrainage Piping 33 49 13 Manholes and Catchbasins

APPENDICES TO THE SPECIFICATION SECTIONS

APPENDIX A - SUPPLEMENTAL HEALTH & SAFETY AND SOIL MANAGEMENT PLAN

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Section 4A – Special Specifications Tender Call No. 227-2017 Contract No. 17ECS-MI-02DC

ECS Linear Rev. 5.15c Page 4A-1

These Special Specifications are comprised of two documents: Supplementary Specifications and Special Provisions. In reviewing these two documents, and with respect to the Order of Precedence contained in General Condition 2.02, the Special Provisions will take precedence over the Supplementary Specifications in the event of any inconsistency or conflict between the two documents. Table of Contents Page No. 4A- Supplementary Specifications ................................................................................................... 3

1. Access to Site – GN103SS ................................................................................................. 3

2. Access to Properties – GN104SS ...................................................................................... 3

3. Safety Cranes and Manlifts – GN107SS ............................................................................ 4

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

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

6. Quality Control – GN111SS ................................................................................................ 5

7. Utility Locates – GN112SS ................................................................................................. 5

8. Restoration Work – GN121SS ............................................................................................ 6

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

10. Excavation Work – GN125SS ............................................................................................. 9

11. Dust and Mud Control – GN105SS .................................................................................. 10

12. Saw Cutting – GN106SS ................................................................................................... 10

13. Piling and Shoring – GN117SS ........................................................................................ 10

14. Crossing of Transmission Watermain – GN118SS ........................................................ 13

15. Vibration Monitoring During TTC Track Removal – GN119SS – N/A ............................ 14

16. Tree Protection – GN128SS .............................................................................................. 14

17. Cathodic Protection – WM204SS ..................................................................................... 15

18. Locating Existing Water Services – All Sizes – WM205SS............................................ 15

19. Private Side Water Service Replacement – WM208SS – N/A ........................................ 16

20. Operating Valves – WM209SS .......................................................................................... 16

21. Water Supply Interruptions – WM211SS ......................................................................... 16

22. Flush, Clean and CCTV Inspection of Sewers – SW302SS ........................................... 17

23. Clean Out Existing Catchbasins – SW303SS ................................................................. 18

24. Private Side Sewer Service Replacement – SW304SS – N/A ........................................ 18

25. Cleanouts – SW306SS – N/A ............................................................................................ 19

26. Gutter Adjustment – RD407SS ......................................................................................... 19

27. Street Furniture – RD409SS – N/A ................................................................................... 19

28. Remove, Salvage and Reinstall Existing Bollards – RD410SS – N/A ........................... 19

29. Remove Salvage and Replace Interlocking Stone – RD411SS – N/A ........................... 19

30. Remove and Dispose of Concrete Unit Pavers – RD412SS – N/A ................................ 19

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31. Bicycle Locking Rings – RD413SS .................................................................................. 19

32. Cold Weather Work – RD414SS ....................................................................................... 21

33. Astral Media Bus Shelter Bases – RD415SS – N/A ........................................................ 21

34. Performance Graded Asphalt Cement – RD416SS ........................................................ 21

35. Construction Specification for Pavement Marking – RD419SS .................................... 25

36. Deployment of Paid Duty Police Officers in Road Construct Activities – RD420SS –

N/A 28

37. Utility Adjustment – RD422SS ......................................................................................... 28

38. Additional TTC Constructor Requirements – TR501SS – N/A ...................................... 29

39. Restoration of Concrete Road Base, Adjacent To TTC Tracks – TR502SS – N/A ....... 29

40. Track Allowance Excavation – TR503SS – N/A .............................................................. 29

41. TTC Transit Signal Priority – Rail Crossing – TR505SS – N/A ...................................... 29

42. TTC Track and Sidewalk Hand Well – TR506SS – N/A ................................................... 29

43. Removal of TTC Track Drains – TR507SS – N/A ............................................................ 29

44. Pedestrian Wooden Bridge – TR508SS – N/A................................................................. 29

Special Provisions .................................................................................................................... 30

1. Capital Improvement Project Construction Sign – GN101SP ....................................... 30

2. Construction and Traffic Constraints – GN102SP ......................................................... 31

3. Notices to Public – GN113SP – N/A ................................................................................. 32

4. Pre-Construction Photos and Videos – GN114SP ......................................................... 32

5. Opening and Adjustment of Toronto Hydro Hand Wells – GN115SP ........................... 33

6. Pre- and Post-construction Condition Surveys – GN116SP – N/A ............................... 34

7. Test Pits to Expose and Verify Existing Utilities – GN122SP........................................ 34

8. Construction Survey and Layout – GN126SP................................................................. 35

9. Portable Changeable Message Sign – GN127SP – N/A ................................................. 37

10. Watermain and Large Diameter Water Service Installation – WM201SP ..................... 37

11. Fire Hydrants – WM202SP – N/A ...................................................................................... 44

12. Small Diameter Water Service Installation – WM203SP ................................................ 44

13. Test Pits to Determine Location, Size and Material of Water Services – WM206SP ... 47

14. Replace Non-operational Water Service Curb Stops – WM207SP – N/A ..................... 49

15. Sewer and Sewer Service Installation – SW301SP ........................................................ 49

16. Trench Stabilization – SW305SP ..................................................................................... 52

17. Rock and Shale Excavation – SW307SP ......................................................................... 53

18. Cold Wet Mill and Disposal of Asphalt Pavement Containing Asbestos – RD403SP –

N/A 53

19. Excavation of Soft Spots – RD408SP .............................................................................. 53

20. Installation of Traffic Actuation Equipment – RD 421SP – N/A ..................................... 54

Attachment 1 ............................................................................................................................. 55

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Supplementary Specifications

1. Access to Site – GN103SS

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

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

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

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

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

Basis of Payment

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

2. Access to Properties – GN104SS

Supplementary Specification April 2017

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Further to General Conditions of Contract clauses GC 7.07, GC 6.01 and GC 6.02, the Contractor shall direct their operations to minimize any inconvenience to the owners or occupants of the affected properties. The Contractor shall supply, place and compact granular material or hot mix asphalt or both to provide ramps for temporary driveway access and to provide safe and pothole-free access along roadways under construction.

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

Basis of Payment

All costs associated with this Work shall be considered incidental to all related items of Work. No separate payment shall be made. The Contractor shall be compensated for ‘hi-early’ strength concrete premiums for this type of work, if approved by the Contract Administrator in advance of the work.

3. Safety Cranes and Manlifts – GN107SS

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

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

Basis of Payment


4. Collection of Garbage – GN108SS

Supplementary Specification April 2017 Garbage collection shall be according to TS 1.20 – Construction Specification for Garbage Collection.

Amendment to TS 1.20, April 2014

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TS 1.20.09 Measurement for Payment

Section 1.20.09 of TS 1.20 is amended by deleting the entire section.

TS 1.20.10 Basis of Payment


5. Geotechnical Investigations – GN110SS

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

6. Quality Control – GN111SS

Supplementary Specification October 2016 The Contractor shall be responsible for all quality control sampling and testing of all supplied material. The Contractor when requested, shall provide the Contract Administrator with a copy of their quality control plan and the results of the tests performed.

7. Utility Locates – GN112SS

Supplementary Specification October 2016

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

Not all utilities subscribe to Ontario One Call. It is therefore the Contractor's responsibility to obtain all necessary utility stakeouts, whether from Ontario One Call, the individual utility owners

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or by hiring private utility locating companies or both to ensure that all utilities are identified and located in a timely fashion. Regardless of the method(s) used to locate utilities, it is the Contractor's responsibility to ensure that all Contract Work is completed within the number of Working Days or within the schedule outlined in the Contract. No extension of Contract Time shall be permitted for meeting the requirements of this Supplementary Specification, nor shall any delay claim be considered by the City if the Contractor fails to meet this responsibility.

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

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

Basis of Payment

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

8. Restoration Work – GN121SS

Supplementary Specification April 2017 Restoration of Driveways, Sidewalks and Private Walkways

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

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

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

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

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

Basis of Payment

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

Boulevard Sodded Areas

Within sodded boulevards, all trenches and excavations backfilled with Granular B Type II or select native material shall be restored with 100 mm topsoil and sod according to TS 5.10 – Construction Specification for Growing Medium and TS 5.00 – Construction Specification for Sodding, respectively. The Work includes the removal and disposal of an equivalent amount of materials.

Basis of Payment

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

Restoration of Landscaping Features

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

Subdrains

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

Basis of Payment

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

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Retaining Wall

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

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

Basis of Payment

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

Temporary Trench Restoration

Temporary restoration of trenches within roadways, driveways, sidewalks, and intersections shall be completed by the next Working Day after backfilling of the trench with unshrinkable fill according to TS 13.10 – Construction Specification for Unshrinkable Fill with a 100 mm lift of HL-8 asphalt to the top of the existing asphalt surface for maintenance of traffic.

Basis of Payment

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

Permanent Trench Restoration

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

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

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

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

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The Contractor shall permanently restore all roadways, concrete road base, curbs, curb and gutters, driveways and sidewalks (minimum three bays). This work shall be included in the Contract Price when affected by underground infrastructure installation. A separate payment shall be made for permanent top asphalt restoration over the trench, utility adjustments and pavement marking.

Supplemental costs for trench restoration when asphalt containing asbestos, composite pavement over flexible pavement and concrete pavement over flexible pavement shall be paid under the respective item.

When restored with concrete pavement, trench restoration shall include up to the top surface. The width of trench shall cover the 0.6 metres plus the outer diameter of the pipe.

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

Basis of Payment

All costs for permanent restoration work when affected by underground infrastructure construction shall be included in the Contract Price.

9. Provisional Items – GN123SS

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

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

10. Excavation Work – GN125SS

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

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11. Dust and Mud Control – GN105SS

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

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

Basis of Payment


12. Saw Cutting – GN106SS

Supplementary Specification October 2016 Basis of Payment

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

13. Piling and Shoring – GN117SS

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

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

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

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

Old¹ sewer / watermain 10 mm /s

Modern sewer / watermain 25 mm /s

Old¹ bridge—old construction methods or materials

10 mm /s

Modern bridge—steel or reinforced concrete

25 mm /s

Heritage building or structurally sensitive buildings

10 mm /s

¹ Old, as defined here, is related to both the age and condition of the structures. Old pipes and bridges are the structures that were constructed with old methods and materials, such as lined tunnel, brick, and clay, cast iron for pipes; and brick and wood for bridges. The old structures also refer to the structures that have high failure rates due to accelerated ageing process. All piling activities shall cease when the ambient vibrations at the structure are above the maximum allowable vibration levels. The method of construction shall be revised accordingly such that the vibration levels do not exceed the maximum allowable limits.

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

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

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

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

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

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

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

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

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

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

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

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

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

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14. Crossing of Transmission Watermain – GN118SS

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

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

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

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

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

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

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

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

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

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

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

15. Vibration Monitoring During TTC Track Removal – GN119SS – N/A

16. Tree Protection – GN128SS

Supplementary Specification April 2017 Tree Protection Plan

A Tree Protection Plan must be submitted prior to construction that will detail how the Contractor shall protect trees from damage. An arborist may need to be consulted to develop the Tree Protection Plan. It should be noted that in some situations where Work will be undertaken within a Tree Protection Zone, erecting tree protection fencing may not be feasible. This shall be addressed in the Tree Protection Plan. For more information on the Tree Protection Policy and Specifications for Construction near Trees (July 2016) go to www1.toronto.ca/city_of_toronto/parks_forestry__recreation/urban_forestry/files/pdf/TreeProtSpecs.pdf .

Basis of Payment

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

Damage to Trees

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

In the event a tree is damaged in any way, the damage must be reported to the Contract Administrator immediately. All Work in the area must cease until the damage can be assessed by an approved arborist and corrected properly. Any pruning of branches or roots that may be required due to the damaged shall be completed in accordance with good arboricultural practices according to the Tree Protection Policy. If proper tree protection is not in place or any

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tree damage is a result of the Contractor's negligence, urban forestry may issue a fine to the Contractor.

Basis of Payment

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

17. Cathodic Protection – WM204SS


Amendment to TS 7.22, November 2016

TS 7.22.07 CONSTRUCTION

TS 7.22.07.02 Anode Locations

Subsection 7.22.07.02 of TS 7.22 is amended by the addition of the following:

The Contractor shall install the following when exposed during excavation:

Magnesium anode Type 9 (4.1 kg) on existing copper water services connected to cast iron, ductile iron and PVC watermain pipes; and

Magnesium anode Type 17 (7.7 kg) on existing cast or ductile iron fittings, valves and hydrants.

TS 7.22.08.01 Quality Assurance


In lieu of the City's corrosion consultant the Contractor, upon completion of the watermain, shall conduct a cathodic survey of the new main and submit a report prepared by a National Association of Corrosion Engineers (NACE) certified corrosion technologist confirming that all the anodes are properly installed and connected and the new main is cathodically protected. The Contractor shall be responsible for rectifying any deficiency in the system.

18. Locating Existing Water Services – All Sizes – WM205SS

Supplementary Specification October 2016 Toronto Water division does not stake out existing water services. The Contractor or their sub-contractor shall equip themselves with the appropriate equipment and methods to locate all

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existing water services within the contract limits even if they may not be shown on the Contract Drawings. The location of existing water services cannot necessarily be determined by the location of existing curb stops. Also, some abandoned water services may be connected to the existing watermain but are still active.

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

Basis of Payment

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

19. Private Side Water Service Replacement – WM208SS – N/A

20. Operating Valves – WM209SS

Supplementary Specification April 2017 No valve, hydrant, curb stops or other control on the existing water distribution system shall be operated, for any purpose, by the Contractor. When required, the Contractor shall make a request, with 2 Working Days advanced notice, for the Contract Administrator to make the necessary arrangements for the operation of existing valves and appurtenances.

21. Water Supply Interruptions – WM211SS

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

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

For all watermain and water service connections, the Contractor shall provide at least 48 hours advance notice of any building service interruptions and schedule such operations at a time, either during normal working hours, off normal working hours, night work on weekdays or on

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weekends that least inconveniences the building operations as some businesses may require water during day time hours.

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

Basis of Payment


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

Supplementary Specification October 2016 Prior to the start of construction, the Contractor shall power-flush or hand and machine-clean or both the existing sewers, maintenance holes, catch basins and catch basin leads. The Contractor shall deploy proper flushing and cleaning methods required to remove all debris including scoops, buckets, shovels, vac-all equipment and sewer flushing equipment. The material shall be removed from the sewer system and cannot be flushed further down the sewer. The material removed shall be dried and mixed in equal parts with sand. The resulting material is then to be disposed of as a non-hazardous, non-registerable solid industrial waste by the Contractor.

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

If excessive debris is encountered in the sewers and additional high-pressure flushing is required, the Contractor shall be compensated for the additional flushing under the relevant provisional item.

Payment for this additional flushing shall only apply for pre-construction activities. The payment will be made only if properly supported by Inspector’s report and the sub-contractor’s invoice(s) for sewer flushing and videotaping.

Post-construction flushing, cleaning and videotaping of existing and new sewers, maintenance holes and catch basin leads must also be undertaken immediately following surface course asphalt paving, topsoil and sodding to confirm that no debris entered the sewer systems as a

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result of construction. The DVDs shall be submitted to the Contract Administrator for review within two Days of videotaping. Any damage caused to the sewers or structures by the Contractor because of their operations shall be repaired at no extra cost to the City.

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

Measurement for Payment

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

Basis of Payment

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

23. Clean Out Existing Catchbasins – SW303SS

Supplementary Specification October 2016 Prior to commencement of construction, all existing catch basins within the contract limits shall be inspected by the Contractor and the Contract Administrator and where necessary cleaned of all debris by the Contractor. The Contractor is advised that all debris in the catch basins shall be removed, including any material from usual storm water run-off or previous construction activities. The material removed shall be dried and mixed in equal parts with sand. The resulting material is then disposed as a non-hazardous, non-registrable solid industrial waste by the Contractor.

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

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

Basis of Payment


24. Private Side Sewer Service Replacement – SW304SS – N/A

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25. Cleanouts – SW306SS – N/A

26. Gutter Adjustment – RD407SS

Supplementary Specification April 2017 The Contractor shall saw cut full depth of 200 to 300 mm from the proposed face of curb or front of gutter and remove and dispose of the existing pavement to accommodate the reconstruction of the curb or curb and gutter. If the Contractor removes concrete pavement or base beyond the 300 mm limitation, the Contractor shall supply and install anchored hook dowels at 300 mm spacing to stabilize the gutter adjustment and at no extra cost to the City.

After the curb or curb and gutter is reconstructed, the Contractor shall supply and place the necessary granular and pavement materials to reinstate the roadway to its original composition

Measurement of Payment

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

Basis of Payment


27. Street Furniture – RD409SS – N/A

28. Remove, Salvage and Reinstall Existing Bollards – RD410SS – N/A

29. Remove Salvage and Replace Interlocking Stone – RD411SS – N/A

30. Remove and Dispose of Concrete Unit Pavers – RD412SS – N/A

31. Bicycle Locking Rings – RD413SS

Supplementary Specification April 2017 Remove, Salvage and Reinstall Bicycle Locking Ring

The Contractor is to remove, salvage, store and reinstall existing bicycle locking rings including the removal and disposal off site of existing footings and backfilling of existing holes with unshrinkable fill. The Contractor must exercise care when removing the existing bicycle locking ring so as not to cause any damages, and store the bicycle locking ring temporarily at a secure

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location. Any damaged or stolen bicycle locking rings shall be replaced with identical items by the Contractor at no extra cost to the City.

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

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

Existing Concrete Base

The concrete footing for salvaged bicycle locking rings is to extend into the existing concrete base a minimum of 152.4 mm below grade and shall have the same diameter as the existing footing or 101.6 mm diameter minimum. The bicycle locking ring pipe must extend 152.4 mm into the concrete footing.

Independent Concrete Base

The concrete footing for salvaged bicycle locking rings is to extend a minimum of 305 mm below grade and shall have the same diameter as the existing footing or 203.5 mm diameter minimum. The bicycle locking ring pipe must extend 279.4 mm into the concrete footing.

Height Requirement

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

Installing New Bicycle Locking Rings

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

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

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For measurement purposes, a count shall be made of the number of bicycle ring installed.

Basis of Payment


32. Cold Weather Work – RD414SS

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

Basis of Payment

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

33. Astral Media Bus Shelter Bases – RD415SS – N/A

34. Performance Graded Asphalt Cement – RD416SS

Supplementary Specification October 2016

Amendment to OPSS.MUNI 1101 November 2013 – Material Specification for Performance Graded Asphalt Cement

1101.02 REFERENCES

Section 1101.02 of OPSS.MUNI 1101 is amended by the addition of the following:

ASTM International:

D 3665-06 Standard Practice for Random Sampling of Construction Materials

American Association of State Highway and Transportation Officials (AASHTO):

T 40-02 (2012) Sampling Bituminous Materials T 350 Multiple Stress Creep Recovery (MSCR) Test of Asphalt Binder Using a Dynamic

Shear Rheometer (DSR)

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Ministry of Transportation Publication:

MTO Laboratory Testing Manual:

LS – 299 Determining Asphalt Cement’s Resistance to Ductile Failure Using Double-Edge-Notched Tension Test (DENT)

LS – 308 Determination of Performance Grade of Physically Aged Asphalt Cement Using Extended Bending Beam Rheometer (BBR) Method

1101.03 DEFINITIONS


Low Temperature Limiting Grade (LTLG) means the warmest of the Limiting Grades, TL obtained for 1 hour, 24 hours, 72 hours and the two conditioning temperatures according to LS-308, and Form B of LS-308.

Low Temperature Performance Grade (-YY) means the low temperature performance grade specified elsewhere in the Contract Documents and also referred to as the -YY specified for the performance graded asphalt cement where the PGAC Grade specified is PG XX-YY, and the minimum design pavement temperature.

1101.04 DESIGN AND SUBMISSION REQUIREMENTS

1101.04.01 Submission Requirements

1101.04.01.01 PGAC Test Documentation

Clause 1101.04.01.01 of OPSS.MUNI 1101 is amended by the addition of the following:

Test results for the product demonstrating compliance to the requirements of Table 1.

A two (2) litre sample of the asphalt cement for each grade of asphalt cement for possible owner testing.

The Contract Administrator shall review the test results submitted and may elect to have quality assurance testing undertaken at the same time on the sample(s) provided. No asphalt mix shall be placed until the Contract Administrator provides written confirmation of the conformance of the PGAC to the requirements of the Contract Documents based on the submitted test results and owner quality assurance testing. Within ten (10) business days of receipt of the Contractor samples and test results, the Contract Administrator shall provide confirmation of conformance or shall advise of any non-conformance to the Contract requirements. Confirmation of conformance to Contract requirements does not constitute any guarantee that the mix can be produced or constructed or both to Contract requirements, and does not relieve the Contractor of the responsibility for ensuring the specified quality of materials and workmanship.

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1101.05 MATERIALS

Section 1101.05 of OPSS.MUNI 1101 is amended by deleting the fourth paragraph and replacing with:

The asphalt cement shall not contain more than 0.3% polyphosphoric acid (PPA) and it shall only be used as a catalyst for the purpose of modification with epoxy-type polymers. All grades of PGAC shall not contain any orthophosphoric acid.


The asphalt cement shall not be air blown or catalytically oxidized in any manner and shall not be blended with air blown or catalytically oxidized residues in any manner. The asphalt cement shall not contain any of the following additives: alkaline bases; insoluble particulates or fibres; orthophosphoric acid; salts of iron, copper, manganese and/or cobalt; silicates; synthetic waxes; vegetable oils; waste oils (including but not limited to the following: waste engine oils, waste engine oil residues, re-refined engine oils, cracked residues, tall oils, waste cooking oils, etc.). If modifiers or additives other than styrene-butadiene (e.g., SB, SBS, SBR) or epoxy-type (e.g. reactive ethylene terpolymers) polymers are used for the modification of neat asphalt cement, pre-approval from the Contract Administrator is required.

1101.08 QUALITY ASSURANCE

1101.08.01 Basis of Acceptance

Subsection 1101.08.01 of OPSS.MUNI 1101 is deleted in its entirety and replaced with the following:

Material acceptance of asphalt cement for performance grading and the properties and attributes specified in Table 1 shall be based on quality assurance test results conducted by the Owner’s designated laboratory, unless superseded by referee test results, subject to the conditions specified in the Contract Documents.

Test results used to determine if the material complies with the requirements of the Contract Documents shall be forwarded to the Contractor.

1101.08.03 Sampling

Subsection 1101.08.03 of OPSS.MUNI 1101 is deleted in its entirety and replaced with the following:

The Contract Administrator shall determine the frequency of sampling and testing based on the HMA tender quantity for each grade of PGAC.

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All test samples shall be obtained during the production of the asphalt mix at the asphalt mix plant from the storage tank which is directly feeding the production of the asphalt mix according to AASHTO T 40 and the asphalt plant’s health and safety plan. The asphalt plant’s health and safety plan and procedure for sampling shall be reviewed in advance.

The quality assurance, referee, and other required samples for possible Owner testing shall all be taken at the same time.

PGAC shall be sampled when notified by the Contract Administrator.

Sampling frequency, labelling and delivery requirements shall be according to Table 2. Samples shall be delivered in a condition suitable for testing.

Table 1 of OPSS.MUNI 1101 is deleted in its entirety and replaced with the following:

Table 1 – Additional testing requirements and acceptance criteria for PGAC grades

PGAC grade

Property and attributes

(Unit) Test method

Results reported rounded

to the nearest

Acceptance criteria Rejectable

All PGAC grades

Ash content, % by mass of residue (%)

LS-227 0.1 ≤ 0.8 >0.8

All PGAC grades except PG58-28 and PG52-34

Low temperature limiting grade (LTLG) (°C) LS-308

0.5 ≤ (–YY) > (–YY)

Grade loss (°C) 0.5 ≤ 6 >6 Non-recoverable creep compliance at 3.2 kPa (Jnr-3.2) (kPa-1 )

Multiple stress creep and recovery (MSCR) testing according to AASHTO T 350 testing conducted at a temperature of 58°C

0.01 < 4.5 ≥ 4.5

Average percent recovery at 3.2 kPa (R3.2) (%)

0.1

> the lesser of [(29.371) (Jnr-3.2

)-0.2633] or 55

≤ the lesser of [(29.371) (Jnr-3.2)-

0.2633 -10] or 55

Percent difference in non-recoverable creep compliance between 0.1 kPa and 3.2 kPa, Jnrdiff (%)

0.1 N/A

Testing carried out only for information purpose

Average critical crack tip opening displacement (t) (mm)

LS-299 0.1 ≥ 8 <8

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35. Construction Specification for Pavement Marking – RD419SS


Amendment to OPSS 710, November 2010

OPSS 710.01 CONSTRUCTION

OPSS 710.07.01 General

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

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

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

OPSS 710.07.02 Surface Preparation

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

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

OPSS 710.07.03 Pavement Marking Obliterating

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

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

OPSS 710.07.05 Temporary Pavement Marking

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

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

OPSS 710.07.06 Short Term Pavement Marking

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

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

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

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

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

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

OPSS 710.07.08 Selection of Materials

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

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

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

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

OPSS 710.07.09.02 Organic Solvent Based Traffic Paint

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

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

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

OPSS 710.07.09.05 Field Reacted Polymeric Pavement Marking Materials

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

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

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

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

OPSS 710.10 BASIS FOR PAYMENT

OPSS 710.10.01 Pavement Marking - Item

Pavement Marking Symbols - Item

Pavement Marking, Durable - Item

Pavement Marking Symbols, Durable - Item

Pavement Marking Temporary - Item

Pavement Marking Symbols, Temporary - Item

Pavement Marking Temporary Removable - Item

Pavement Marking Symbols, Temporary - Removeable - Item

Raised Pavement Markers, Temporary - Item

Pavement Marking Obliterating - Item

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

All costs associated with temporary pavement marking and short term pavement marking shall include the permanent removal of the markings and any and all interim removals and

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replacements due to the failure of pieces to remain in according to specifications. Payment shall be considered incidental to the traffic control item. No separate payment shall be made.

Payment for permanent pavement marking, when paid under the lump sum item for various locations, shall be paid upon final completion of each project location and shall be paid as a percentage based on the value of that project over the total value of the contract.

Payment for permanent pavement marking, when paid under a unit price item, shall be paid upon final completion of each project location.

36. Deployment of Paid Duty Police Officers in Road Construct Activities – RD420SS – N/A

37. Utility Adjustment – RD422SS


Amendment to TS 4.50, April 2014

TS 4.50.05 MATERIAL

TS 4.50.05.03 Precast Adjustment Units

Subsection 4.50.05.03 of TS 4.50 is amended by the deleting the first paragraph in its entirety and replacing it with the following:

Adjustment units for maintenance holes, valve chambers and catch basins shall be according to OPSS 1351.

TS 4.50.05.06 New Frame and Covers

Section 4.50.05 of TS 4.50 is amended by the addition of the following subsection:

All new frame and covers shall meet the requirements of OPSS 1850.

TS 4.50.07 CONSTRUCTION

TS 4.50.07.01 General

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

For maintenance holes, valve chambers and catch basins, if the adjustment is by 300 mm or less, brick and mortar or precast concrete adjustment units shall be used. If the frame is to be raised more than 300 mm, poured concrete shall be used with one or two courses of brick or precast concrete adjustment units immediately below the frame.

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TS 4.50.09 MEASUREMENT FOR PAYMENT

TS 4.50.09.01 Utility Adjustment

Subsection 4.50.09.01 of TS 4.50 is amended by the deleting the first paragraph in its entirety and replacing it with the following:

For measurement purposes, a count shall be made of the number of adjustments performed and prorated in accordance with Table 2. Changes in height of 300 mm or less will be paid at the specified rate. For changes in height of more than 300 mm, the rate will be prorated based on a height of 300 mm. Measurements will be made to the nearest 10 mm increment.

Section 4.50.09 of TS 4.50 is amended by the addition of the following:


For measurement purposes, a count shall be made of the number of new frame and covers installed.

TS 4.50.10 BASIS OF PAYMENT

TS 4.50.10.01 Utility Adjustment

Subsection 4.50.10.01 of TS 4.50 is amended by the deleting the last paragraph in its entirety.



Payment at the Contract Price shall be full compensation for all labour, Equipment and Material to do the work and shall include all adjustments required. No separate payment shall be made for utility adjustments when new frame and covers are installed.

38. Additional TTC Constructor Requirements – TR501SS – N/A

39. Restoration of Concrete Road Base, Adjacent To TTC Tracks – TR502SS – N/A

40. Track Allowance Excavation – TR503SS – N/A

41. TTC Transit Signal Priority – Rail Crossing – TR505SS – N/A

42. TTC Track and Sidewalk Hand Well – TR506SS – N/A

43. Removal of TTC Track Drains – TR507SS – N/A

44. Pedestrian Wooden Bridge – TR508SS – N/A

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Special Provisions

1. Capital Improvement Project Construction Sign – GN101SP

Special Provision October 2016 The Contractor is responsible for the fabrication, installation, relocation, maintenance and removal of the project construction sign. The signs must be in place prior to the commencement of the Work. Signs should be located near entry and exit points or at the beginning and end locations of the project. Signs should be posted in the area where the work is taking place and visible to the public. The Contractor shall in consultation with the Contract Administrator, determine the appropriate location taking into account obstructions and sight lines.

Upon the completion of the project, the Contractor shall remove and dispose of the signs.

The following information shall be shown on the construction sign and shall be specialized for each project location:

Field: Description Text 1: Project Title Tubs and Gee Gage Park Rugby Field Relocation and

Parking Lot Development

2: Project Details Relocating the Tubs and Gee Gage rugby field and constructing a new on-grade parking lot north of Ashbridges Skatepark (north of Lake Shore Boulevard East and west of Coxwell Avenue).

3: Start Date October 2017

4: End Date September 2018

5: Contract Number 17ECS-MI-02DC

The size of the construction sign shall be 1200 mm x 1200 mm.

The design layout and specifications for the Capital Construction / Improvement Sign can be found by going to Engineering and Construction Services web page at www.toronto.ca/ecs-standards .


For measurement purposes, a count shall be made of the number of new capital improvement project construction signs fabricated and installed.

Basis of Payment

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2. Construction and Traffic Constraints – GN102SP

Special Provision April 2017 The Contractor’s schedule shall accommodate the below constraints, but is required to meet all stipulated contract completion dates:

1. Working hours during construction shall be restricted in accordance to the table below. No extension of Contract Time shall be permitted nor any delay claim shall be considered by the City due to adherence to these hours.

Day Working Description Monday to Friday 7:00 a.m. to 7:00 p.m. Saturday No work permitted Sunday No work permitted Civic/Statutory Holidays No work permitted

• The Contractor shall not begin their work before 7 a.m..

• The Contractor shall schedule their work to complete the Contract by the stipulated completion date. The cost of all overtime, weekend work, night work where permitted shall be included in the appropriate bid prices.

• Where the Contractor works past daylight hours, all provisions must be made to ensure a safe working environment including portable lights and generators, lighting equiped barriers as necessary.

• The Contractor shall make a request to the Contract Administrator and provide at least 5 Days in advance notice for review and approval of any work that is to be undertaken outside of normal working hours or on Saturday and Sunday.

• If emergency works to be carried out arise as a result of the Contractor’s negligence or fault and the Contractor is required by the City to work on Sunday, Civic Holiday, Federal Holiday or on a Statutory Holiday in order to remedy the consequences of their negligence, the Contractor will not be compensated for such remedial works.

• The Contractor shall not work during Jewish High Holy Days of Rosh Hashanah and Yom Kippur in North York District. The Contractor should divert the work crews to other projects on these days.

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2. The following traffic restrictions will apply:

• For any watermain work on Eastern Avenue: only one-half of the road width, within the limits of each staging, shall be closed to vehicular traffic at a time. Uninterrupted pedestrian traffic on both side of the street shall be maintained at all times during construction. Pedestrians shall be separated from the construction activities with temporay fast fence or equivalent.

• The Contractor shall maintain uninterrupted TTC bus routes at all times during construction. The Contractor shall provide adequate temporary signs and proper access ramps for public transit passengers.

• Due to the requirement to inform the public of any impending closures of the roadway, the Contractor shall give the Contract Administrator at least 7 Day notice before any closures.

• The Contractor shall have no claim for delay or any cost or expense arising out of:

a. a rejection by the City of a request to close lanes other than as provided in this Special Provision, or

b. Cancellation of any scheduled closure of lanes due to inclement weather or unforeseen circumstances.

• If when paving on a Saturday, inclement weather or otherwise, prevents the Contractor from completing the work, then the Contractor shall continue paving on the next day (Sunday) in order to complete the work.

• Lane widths shall be restricted to a minimum of 3.3 metres for lanes with a bus route or 3.0 metres otherwise and maintained during construction with "narrow lane" warning signage posted. Lanes shall be shifted and repainted if required.

Should any unforeseen conditions arise the Contract Administrator will have the right to direct the Contractor to re-schedule construction in a manner that minimizes the effects thereof.

Basis of Payment

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

3. Notices to Public – GN113SP – N/A

4. Pre-Construction Photos and Videos – GN114SP

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Special Provision April 2017 The Contractor shall provide the Contract Administrator photos or videos or both in digital format that clearly shows every property adjacent to the Working Area prior to the start of construction. Driveways, the skatepark, walkways, and surrounding vegetation affected by the construction should be clearly visible on the recording media.

The digital photos or video or both shall be used by the Contract Administrator to verify that the restoration of any affected areas is restored to pre-construction conditions.

Should the Contractor not have pre-construction photos or video of the area being restored, shall in no way, relieve the Contractor of any responsibility to complete the restoration to match existing conditions to the complete satisfaction of the Contract Administrator and the property owners.

Basis of Payment


5. Opening and Adjustment of Toronto Hydro Hand Wells – GN115SP

Special Provision October 2016 Adjustments to composite Toronto Hydro Electric Services (THES) hand wells shall be made using the appropriate composite spacers. The supplier and part number for the hand wells and spacers are as follows:

Composite Power Group Phone: 519-942-8485 x121

Pencell Plastics No. PEMR-1212-24PC-THES

The opening or adjustment or both of THES appurtenances shall be completed by crews, which have been approved by THES. Furthermore, any operation which involves opening or adjustment or both of THES hand wells, or other THES appurtenances, requires that a certified electrician be present during the operation.

Basis of Payment

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6. Pre- and Post-construction Condition Surveys – GN116SP – N/A

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

Special Provision April 2017 The Contractor shall arrange for non-mechanical type excavations, such as Hydrovac or hand digging to undertake the exposure of the existing utilities or structures within the roadway or sidewalk and as required by utility companies.

A plan of the proposed locations of all test pits is to be supplied by the Contractor to the Contract Administrator. Prior to proceeding with the proposed test pits approval from the Contract Administrator is required.

The test pits to expose and verify utilities shall include the following:

• all traffic control;

• excavation, sheathing, shoring, trench dewatering;

• the removal and disposal off site of asphalt pavement, concrete road base, brick gutter, concrete or asphalt curb, curb and gutter, monolithic curb and sidewalk, sidewalk, crosswalks, walkways, boulevards, driveways and entrances (all thicknesses);

• protecting and supporting of adjacent components that shall remain during and after the work including existing structures, sewers, laterals and watermains, services and utilities, light poles, hydro and traffic signal poles, hand wells, maintenance holes, catch basins, retaining walls, curbs, road base, driveways, sidewalks, crosswalks, walkways, valve boxes, signs and posts, fences, bollards, gardens, decorative stones, garden edging and vegetation, residential sprinkler systems and lighting systems. Any damage to existing components shall be properly repaired at no extra cost to the City;

• disposal of excavated material off site;

• the supply, placing and compacting of unshrinkable fill according to TS 13.10 under hard surfaces such as asphalt, concrete, interlock stone and Granular B Type II or select native material at other locations for backfilling;

• the installation and maintenance of permanent restoration for concrete and asphalt sidewalks, curb and roadway;

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• restoration of test holes by the next Day; and

• permanent restoration of all existing landscaping, sodding, vegetation, concrete and asphalt walkways or driveways (all types), sodding to pre-construction conditions or better.

A minimum of 300 mm of compacted Granular A (free of RAP; reclaimed asphalt pavement) material shall be placed around any water services before unshrinkable fill is placed.

For gas mains, a minimum of 150 mm of sand padding must be placed over the pipe for protection. The gas main and valve assemblies must be sand padded before placement of the unshrinkable fill. The Contractor must ensure that placement of the unshrinkable fill does not displace the sand padding or directly contact the pipeline.

Test pits agreed to by the Contract Administrator shall be at the Contract Price for test pits as specified in the Contract Documents.

8. Construction Survey and Layout – GN126SP

Special Provision October 2016 This special provision for survey and layout is supplemental to clause GC 7.02.01 Layout by Contractor.

The survey and layout shall be performed or supervised by a competent surveyor with a minimum of five years related field experience (the "Surveyor"). The Contractor shall ensure the Surveyor attends a pre-construction meeting and other meetings as requested by the Contract Administrator.

The Contractor shall provide a hard copy of the Contract Drawings to the Surveyor who will conduct or supervise the construction survey and layout.

The City will provide to the Surveyor a digital copy of the Contract Drawings in a read only format for the purpose of creating layout reports to enable field layout of the Project.

Prior to the commencement of the survey and layout, the Contractor, the Surveyor and the City shall meet to review, establish and confirm the following:

1. staging of construction;

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

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3. sequencing of construction, that is to say the order of removal and replacement of surface and sub-surface services and infrastructures.

Use of Global Positioning System (GPS) technology for the performance of survey and layout is not permitted.

Layout survey must be integrated into the existing horizontal and vertical control network and must be geographically referenced to the Ontario Coordinate System (MTM NAD27/CGS 1928).

The control and sub-control points established during the pre-engineering phase of the Project shall be used, and all of which must be verified and preserved over the course of the Contract.

The horizontal and vertical stations along the alignment shall be established at an appropriate offset and frequency to enable the accurate construction of the proposed features. The grade layout shall be carried out at no further apart than 20 m and where grade/direction changes occur.

All match points shall be verified and align with the existing conditions.

The grades of the constructed features shall be confirmed before proceeding to the next stage of work.

Any conflict or inconsistencies found between the Contract Drawings and the existing physical conditions shall be reported to the Contract Administrator immediately, and the survey and layout work shall be suspended until further directed by the Contract Administrator.

All readings and measurements taken during the survey and layout, including the following, must be properly recorded —in digital format with supplemental hard copy where necessary—and maintained for verification and future reference:

1. all control and sub-control points;

2. all horizontal and vertical stations;

3. layout/offset points;

4. grade sheets and field notes; and

5. information required for the preparation of as-built drawings ("Survey" column of Field Services Manual Appendix E - As built Features Requirements, Attachment 1 of this Section 4A).

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A copy of the records produced shall be stored by the Contractor on site and be accessible to the Contract Administrator at any time.

The Contractor shall submit grade sheets to the Contract Administrator within 7 days of completion of layout.

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

9. Portable Changeable Message Sign – GN127SP – N/A

10. Watermain and Large Diameter Water Service Installation – WM201SP

Special Provision April 2017 The installation of watermains, hydrant leads and large diameter water services 100 mm in diameter and larger shall include;

the removal and disposal off site of asphalt pavement, concrete road base, brick gutter, concrete or asphalt curb, curb and gutter, monolithic curb and sidewalk, sidewalk, crosswalks, walkways, boulevards, driveways and entrances (all thicknesses);

supply, install, monitor and removal of ground water conrol measures;

dewatering;

protecting and supporting of adjacent components that shall remain during and after the work including existing structures, sewers, laterals and watermains, services and utilities, light poles, hydro and traffic signal poles, hand wells, maintenance holes, catch basins, retaining walls, curbs, road base, driveways, sidewalks, crosswalks, walkways, valve boxes, signs and posts, fences, landscaping walls, bollards, gardens, decorative stones, garden edging and vegetation, residential sprinkler systems and lighting systems, any damage to existing components shall be properly repaired at no extra cost to the City;

removal and disposal off-site of trench excavation including unshrinkable fill;

removal and disposal of existing watermains, storm serwes, sanitary sewers and other appurtenances where indicated on the Contract Drawings or encountered during installation of new watermains or both;

watermain pipe including installation within valve chambers;

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tracer wire including tracer wire continuity test report and all other incidentals to completely test the watermain;;

cathodic protection and test stations according to TS 7.22;

all fittings including bends, tees, crosses, end caps, reducers, couplings, adapter flanges, restrained joints, thrust and anchor blocks, anchor tees;

installation and removal of temporary blow-offs, corporation stops for disinfection, taps, pressure gauges, sampling cocks, back-flow preventers, caps, plugs on new and existing watermains and hydrant leads;

swabbing, chlorination and bacteriological testing according to TS 7.30. Contractor to fill in Form TS 115;

pressure testing;

supply and placement of embedment or bedding material, cover material and backfill as specified in the Contract Documents (Note: Where Granular A material is specified in this special provision, it shall be from a source that is free of reclaimed asphalt pavement (RAP) and according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates – Base, Subbase, Select Subgrade and Backfill Material (April 2013));

supply and placement of unshrinkable fill;

permananent restoration for concrete and asphalt sidewalks, curb and roadway; and

permanent restoration of all existing landscaping, sodding, fences, river stone, gardens, decorative rocks, vegetation, interlock stone/lock stone, unit pavers, concrete and asphalt walkways or driveways (all types) to pre-construction conditions.

Flexible Pipe (PVC watermain)

Embedment material as it relates to flexible pipe from the bottom of the trench to the bottom of the backfill shall be Granular A according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates – Base, Subbase, Select Subgrade, and Backfill Material (April 2013). The embedment material shall extend 200 mm below the pipe invert and extend 300 mm above the top of the pipe. The embedment material shall be worked carefully under the sides of the pipe and compacted in 150 mm layers to 98% of maximum dry density with light equipment by hand so as not to damage the pipe or alter its installation in any way. Granular A RAP shall not be used for embedment material.

The embedment and backfill shall be according to OPSD 802.010 Type 4 soil.

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Rigid Pipe (Ductile Iron Watermain)

Bedding material used to support rigid pipe shall be Granular A according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates – Base, Subbase, Select Subgrade, and Backfill Material (April 2013). The bedding material shall be worked carefully under the sides of the pipe and compacted by approved mechanical means in 150 mm layers to 95% of maximum dry density.

The pipe bedding, cover and backfill shall be according to OPSD 802.031 Class B bedding.

Cover Material (Ductile Iron Watermain)

Cover material placed from the top of the bedding to the bottom of the backfill for rigid pipe shall be Granular A compacted by approved mechanical means in 150 mm layers to 95% of maximum dry density.

Backfill Material (PVC or Ductile Iron Watermain)

Backfill material used above the embedment or cover material and below the lower of the subgrade or finished grade or the ground shall be unshrinkable fill when under concrete and asphalt sidewalks, curb and roadway. Backfill material in other areas other than the roadway shall be Granular B Type II or select native material according to TS 1010 compacted by approved mechanical means in 150 mm layers to 98% of maximum dry density.

Valves – Open /Close Direction

The open/close direction for valves shall be according to TS 441. All valves supplied for this contract shall open in the counterclockwise direction.

Trench Box

The use of trench boxes is permitted within the roadway on this Contract.

Feed Points

Feed points for the new watermains shall be determined by the City and the locations of source water will be provided to the Contractor at the pre-construction meeting. Feeds from fire hydrants is not permitted. The Contractor may supply their own water for testing purposes at no extra cost to the City. If this occurs, the feed points shall remain the same.

This provision shall be considered incidental to all items related to the installation of new watermains. No separate payment shall be made.

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Restrained Joints

Joint restraints are to be used on all bends, tees and valves. All bends and tees are to include thrust blocking as well as joint restraints. All pipe joints within 5.5 metres of a restrained fitting or appurtenance shall be mechanically restrained.

All 100 mm diameter and larger water service connections, including the valves, bends and fittings will be fully restrained from the watermain pipe to the property line. If there are more than two consecutive joints, the necessity of installing restraints will be reviewed on an individual case-by-case basis.

The cost of the joint restrainers shall be included as part of the watermain installation. No separate payment shall be made.

Pipe Crossing

At all locations where the proposed watermain crosses under or above the existing sewers or utilities, Granular A native or Granular A RCM according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates – Base, Subbase, Select Subgrade, and Backfill Material (April 2013) material is to extend from the lower pipe to the top of the upper pipe.


No separate payment shall be made.

Bending Under or Over of Proposed Watermain

This tender item shall be used when bending under or over existing utilities when conflicting within the proposed watermain alignment and where not shown on the Contract Drawings.

This item shall include the supply of all required bends for horizontal and vertical alignment changes including the installation of all necessary fittings, piping, machining, sleeve couplings, thrust/anchor blocks, anchor bolts and tie rods as required and cathodic protection for all fittings, backfilling excavation and permanent site restoration including any incidental works.

Connecting to Existing Watermain with a Tapping Sleeve and Valve

One connection shall require live tapping to the existing watermain as indicated on the Contract Drawings. Tapping sleeve and valves (TS&V) shall be from the approved material list in the latest Design Criteria for Sewers and Watermains, Chapter 6, Material Specifications. The Work

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for installation of tapping sleeve and valve shall include connection of tapping sleeve and valve to the existing watermain under pressure, that is to say wet (live) tapping, not dry tapping. Where a tapping sleeve and valve is required at the connection, the TS&V valve shall be paid as a separate item.

Branch Connections to Existing Watermain

In completing the connection to existing watermains, the Contractor shall follow the connection procedure according to TS 7.70 – Watermain Replacement and Connection Procedure. The Contractor must plan his connection works such that the water shutdown to complete the connection works do not exceed four hours in duration. The works must be prepared in such a way so that fulfillment of this requirement becomes realistic. The City will inspect all preparation works and approve go ahead with the shutting down of water in order to execute the connection works. The City will not entertain any claim on the delay on water shutdown if adequate notice has not been provided or the Contractor’s preparation works fail to receive City’s acceptance or both.

For watermain filler pieces, Toronto Water will take one bacteriological water sample. The Contractor cannot connect until a pass reading is received from the Contract Administrator.

When connecting to an existing valve that is to remain in operation, following acceptance of the new watermain by the City, the Contractor shall leave the existing valve in the open position, remove the valve box or break down the valve chamber to 1.2 m below surface and dispose off-site.

Backfill material shall be unshrinkable fill when under the concrete and asphalt sidewalks, curb and roadway. Backfill material in other areas other than the roadway shall be Granular B Type II or select native material.

Forty-eight hours notice is required to be given to the water customers for any planned disruption of water services. All proper and relevant health and safety regulations should be followed at all times.

This item shall be applicable for new watermain branch connection connecting to an existing watermain.

Installation of Large Diameter Water Services

The Contract Price shall include the supply and installation of 100 mm diameter and larger water service pipe, copper tracer wire and all appurtenances to complete the Work.

A temporary valve within 5.5 metres of the property line is required to facilitate the connections of the larger diameter water services, while reducing the disruption of water to the immediate

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residents or businesses. Once the connection is completed, the valve will be buried while in the ON position. All costs associated with these connections shall be paid under the linear metre price for water services 100 mm in diameter and larger in the Pricing Form.

The service valve and valve box may be located at the watermain location if the length of the service connection is less than 3.5 metres. For more Information see Guidelines on the Use of Anchor Tees for New Watermain Replacement Construction Projects.

All existing large diameter water service valves which are to be abandoned shall have the existing valve box removed and the excavation shall be backfilled with unshrinkable fill. The existing valve shall be abandoned in place.

The cost for the domestic water service off a fire service line shall be paid for separately under the appropriate tender item.

Connection of Large Diameter Water Services at Property Line

All new large diameter water services shall be flushed before connecting to the existing water service at street line. A same size tail extended to the surface for flushing and swabbing purposes shall be included. The short filler piece shall be disinfected according to TS 7.30 – Procedure for Disinfecting Watermains. The new water services cannot be connected to the existing service at the property line until the new watermain is pressure tested and the bacteriological tests pass.

No bacteriological water samples are required for large diameter water service filler pieces.

The Contractor shall contact the building owners in advance before the installation of any service 100 mm in diameter or greater to confirm the location, size and material type of the existing water service. The purpose is to determine the best location for the replacement of the connection and to confirm the anchor tee size prior to the mainline watermain installation.

The linear metre price for water services equal to or larger than 100 mm shall be paid under the corresponding item for watermain. Valves at street line and anchor tee shall be paid separately.

Temporary Restoration

The Contractor shall complete temporary restoration of all roadways upon completion of the watermain and backfill operation at the end of each Working Day of watermain constructed, even before work is started on installation of the water services. Temporary restoration of driveways, sidewalks and intersections must be completed by the next Working Day after backfilling of the trench with unshrinkable fill backfill.

For more requirements on temporary and permanent trench restoration see supplementary specification GN121SS.

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Notice to Toronto Water

A notice of two Working Days shall be given to Toronto Water to:

• operate any service valve • operate any fire hydrant • operate any curb stop • take one bacteriological water sample from the watermain filler pieces.

Confirmation of bacteriological test results from Toronto Water may take upto 7 Days. The Contractor shall accommodate this in their scheduling.

Tunneling

The Contractor shall use a tunnel method such as tunnelling, boring or directional drilling to install the watermain, water services at locations where existing utilities cannot facilitate open cut trench method. The Contractor’s choice of method of installation shall be approved by the Contract Administrator and shall include:

• supplying shop drawings;

• excavation in all materials, dewatering, test pits for exposing utilities, sheathing, shoring, support of existing utilities, watermain, restrained joints, support blocking;

• construction compound and workshafts;

• supply and installation of unshrinkable backfill, and;

• temporary restoration of roadways, sidewalks, concrete curb and gutter, permanent restoration of boulevards and driveways, and all other incidental work to complete the installation by tunnel method.

Dewatering

The Contractor shall submit a Construction Water Control Plan for approval, a minimum of 30 Days prior to commencement of any shaft construction, tunnel, boring, or directional drilling works which includes the following:

1. Shop drawings including descriptions, manufacturer’s technical operation and maintenance instruction literature;

2. Workplan narrative of the proposed groundwater and surface water control facilities including, but not limited to, equipment, methods, standby equipment and power supply,

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instrumentation layouts, provision for measuring pumped water as required, and monitoring procedures;

3. A contingency plan and options shall be submitted. Submittal may take into consideration that staged expansion of pumping facilities is reasonable (resubmit as appropriate if the system is modified during instalation or operation);

4. Shop drawings of temporary tunnel, jacking, or horizontal directional drilling, shaft sump locations, and sump discharge piping layouts;

5. Monitoring of groundwater level and discharge quality;

6. Removal of system components and piping when groudwater control is no longer required;

7. Backfill methodology; and

8. Decommissioning of wells and piezometers installed by the Contractor according to O.Reg. 903 – Wells Regulation.


Measurement of watermains shall be by length in metres along the horizontal centreline of the pipe. No deductions shall be made for valves that are installed along the watermain.

Basis of Payment


11. Fire Hydrants – WM202SP – N/A

12. Small Diameter Water Service Installation – WM203SP

Special Provision April 2017 Installation of Small Diameter Water Services

Installation of water services shall be according to T-1104.01, T-1104.02-1 or T-1104.02-3.

A service saddles is required for 19 mm, 25 mm, 32 mm, 38 mm and 50 mm diameter main stops on new or existing metallic, asbestos or plastic watermain pipes.

For new ductile iron watermains, main stops shall be drilled directly and tapped using AWWA inlet threads.

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Water service connections, 50 mm and smaller are to be connected to the new watermain under pressure, that is to say wet tapping not dry tapping.

The installation of small diameter water services, 19 to 50 mm, shall be by trenchless methods such as auger or torpedo method with a typical installation consisting of an excavation at the City's watermain and an excavation in the sidewalk or boulevard for augering or torpedo purposes. No two water service connections shall be installed in the same auger hole. All excavations required for trenchless construction shall be located outside any tree protection zone.

Any additional road cuts must be approved by the Contract Administrator prior to commencement of work. Additional road cuts other than the road cut over the City watermain will be at no extra cost to the City.

In instances where the new water service is installed in the same location as the existing service, the Contractor shall disconnect the old water service by excavating at the water main where the service is connected, shut the existing main stop, and cut and plug the existing water service pipe. In case of a driven nipple, it should be plugged or a sleeve repair used around the main to cover the nipple’s hole.

The abandoned water service curb box and rod shall be removed regardless of whether they are found inside or outside of the excavation for the work to install the new service.

Substandard Water Services

Water services less than 19 mm in diameter shall be removed and replaced with 19 mm diameter copper services between the watermain and the property line.

Lead and galvanized water services that are 19 mm or larger in diameter shall be removed and replaced with the same size copper services between the watermain and the property line.

Exposed copper services 19 mm or larger in diameter shall be removed and replaced only if they are found to be in unsatisfactory condition as determined by the Contract Administrator.

If a 19 mm water service is to be replaced and the distance is greater than 30 metres to the existing building, the service shall be replaced with a 25 mm diameter copper service.

Repair of Double Water Services

If, in the course of undertaking a service installation, it is determined by the Contract Administrator that the service being replaced is a double or wye service serving two properties, the Contractor shall install a service to the second property at the Contract Price for water service installation.

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New Water Services

New water services 50 mm diameter and smaller, shall be Type K soft copper between the street line and new watermain or as shown on the Contract Drawings including:

excavation and disposal of excess material;

augering;

pipe material, cathodic protection, service saddles, main stops, curb stops, couplings, service boxes and rods;

connection of new water service to existing water service at street line;

connection of new water service to new watermain;

chlorine residual testing of water service;

backfill;

permananent restoration for concrete and asphalt sidewalks, curb and roadway; and

permanent restoration of all existing landscaping, sodding, fences, river stone, gardens, decorative rocks, vegetation, interlock stone/lock stone, unit pavers, concrete and asphalt walkways or driveways (all types) to pre-construction conditions or better.

Connecting New or Existing Small Diameter Water Serivces to New Watemains

Any new or existing small diameter water services cannot be transferred until the new watermain is chlorinated, disinfected, pressure tested and all bacteriological tests have passed. All new water services must be flushed prior to connecting to the curb stop. Water service couplings are not permitted

Bedding and Cover Material

Bedding and cover material shall be Granular A (free of (RAP); reclaimed asphalt pavement) according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates - Base, Subbase, Select Subgrade and Backfill Material (April 2013) and compacted in 150 mm layers to 98% of maximum dry density.

Unshrinkable fill according to TS 13.10 – Construction Specification for Unshrinkable Fill shall be used as backfill under hard surfaces such as asphalt, concrete, interlock stone and Granular B Type II or select native material at all other locations.

All excavations in boulevards shall be restored with imported 100 mm topsoil and sod to original condition or better. The Contractor shall roll all newly placed sod and water the sod as required to obtain growth acceptable to the Contract Administrator. Sodded areas will not be accepted until growth acceptable to the Contract Administrator has been established. The Contractor shall re-grade the boulevard back to the original condition or better and approved by the Contract Administrator prior to topsoil and sodding.

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Curbs Stops

The curb stop shall be located at the street line. The Contractor shall be responsible for verifying that all service curb stops are operational. In the event that the curb stop is not operational, the Contractor shall notify the Contract Administrator immediately.

The Contractor shall note that some addresses do not have visible water service valves or curb stops. At these locations, either the water service valve or curb stop is buried or no valve or curb stop exists. The Contractor shall include all added cost incurred to locate services and buried valves prior to construction and to make such connections from the new water services to the existing water services in their Contract Price. No separate payment shall be made.

Water Service Crossings

The Contractor shall determine the size of all existing water services which cross over or under the new mainline watermain constructed and verify the size of tees or saddles or both required on the new mainline watermain.

Construction Constraints

The connection of new water services shall be co-ordinated with the affected property owners and businesses, at least 48 hours prior to connection, with minimum inconvenience and delay to the property owners and businesses. The Contractor will be required to notify and co-ordinate with the property owners and businesses. The Contractor shall schedule the relocating and reconnection of watermains and water services to minimize the disruption of water supply.

The Contractor shall include the cost of such connections in their Contract Price. No separate payment shall be made.

Measurement of Payment

For measurement purposes, a count shall be made of the number of water service connections installed.

Basis of Payment

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

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

Special Provision April 2017

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Some of the City water service records for water services within the contract limits do not indicate the material or size or both of the water service or from which watermain they are feeding off of. The Contractor shall be required to excavate test pits to determine the material and size of these services. The method of excavation can be by hand, mechanical or Hydrovac method.

The test pits shall be excavated at the existing watermain or at the property line to minimize disturbance of existing roads, sidewalks and boulevards.

The test pits to determine the location, size and material of the water services shall include the following:

excavation, sheathing, shoring, trench dewatering;

the removal and disposal off site of asphalt pavement, concrete road base, brick gutter, concrete or asphalt curb, curb and gutter, monolithic curb and sidewalk, sidewalk, crosswalks, walkways, flag stone, boulevards, driveways and entrances (all thicknesses);

remove and salvage existing unit pavers and interlock stone;

protecting and supporting of adjacent components that shall remain during and after the work including existing structures, sewers, laterals and watermains, services and utilities, light poles, hydro and traffic signal poles, hand wells, maintenance holes, catch basins, retaining walls, curbs, road base, driveways, sidewalks, crosswalks, walkways, valve boxes, signs and posts, fences, bollards, gardens, decorative stones, garden edging and vegetation, trees, residential sprinkler systems and lighting systems. Any damage to existing components shall be properly repaired at no extra cost to the City;

disposal of excavated material off site;

the supply, placing and compacting of unshrinkable fill according to TS 13.10 - Specification for Unshrinkable Fill under hard surfaces such as asphalt, concrete, interlock stone and Granular B Type II or select native material at all other locations for backfilling;

the installation and maintenance of permananent restoration for concrete and asphalt sidewalks, curb and roadway; and

permanent restoration of all existing landscaping, sodding, fences, river stone, gardens, decorative rocks, vegetation, interlock stone or lock stone, unit pavers, concrete and asphalt walkways or driveways (all types), sodding to pre-construction conditions or better.

A minimum of 300 mm of compacted Granular A (free of RAP; reclaimed asphalt pavement) material shall be placed around any water services before unshrinkable fill is placed.

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For measurement purposes, a count shall be made of the number of test pits completed.

Basis of Payment


No payment shall be made for water services that the Contract Administrator has already identified for replacement. If the Contract Administrator determines that the water service is in need of replacement, no payment shall be made for the test pit and all costs associated with the excavation shall be included in the Contract Price for the replacement of existing water services.

14. Replace Non-operational Water Service Curb Stops – WM207SP – N/A

15. Sewer and Sewer Service Installation – SW301SP

Special Provision April 2017 Installation

The installation of sewer pipe, maintenance holes, catch basins, catch basin leads and sewer laterals shall include:

excavation, sheathing, shoring, and trench dewatering;

the removal and disposal off site of asphalt pavement, concrete road base, brick gutter, concrete or asphalt curb, curb and gutter, monolithic curb and sidewalk, sidewalk, crosswalks, walkways, flag stone, boulevards, driveways and entrances (all thicknesses);

protecting and supporting of adjacent components that shall remain during and after the work including, existing structures, sewers, laterals and watermains, services and utilities, light poles, hydro and traffic signal poles, hand wells, maintenance holes, catch basins, retaining walls, curbs, road base, driveways, sidewalks, crosswalks, walkways, valve boxes, signs and posts, fences, landscaping walls, bollards, gardens, decorative stones, garden edging and vegetation, residential sprinkler systems and lighting systems, any damage to existing components shall be repaired at no extra cost to the City;

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removal and disposal off-site of trench excavation including unshrinkable fill or concrete bedding according to TS 2.10 – Construction Specification for General Excavation;

removal and disposal of existing sewer pipe, maintenance holes, catch basins and other appurtenances where indicated on the Contract Drawings or encountered during installation of new sewers or both;

control of sewage flow during construction with bypass pumping shall be according to TS 4.01 – Construction Specification for Sewer Bypass Flow Pumping;

supply and installation of sewer pipe, maintenance holes, catch basins and catch basin leads complete with gaskets and fittings;

supply and installation of sewer laterals by open cut or augering;

supply and installation of all tees for services, couplings, adopters, Kor-N-Seals and all components and pieces of pipes in various locations;

connect service connections to new sewers according to TS 410 – Amendment to OPSS 410 (Nov 2012) – Construction Specification for Pipe Sewer Installation in Open Cut;

coring into existing maintenance holes, catchbasins and existings sewers shall be according to TS 410 – Amendment to OPSS 410 (Nov 2012) – Construction Specification for Pipe Sewer Installation in Open Cut;

connecting to existing sewers by core drilling into the sewer to ensuring only vertical bends are installed in the connection;

connect sewers, services and leads to maintenance holes, catch basins and main line sewers;

supply and placement of embedment or bedding material, cover material and backfill as specified in the Contract Documents (Note: Where Granular A material is specified in this special provision, it shall be from a source that is free of reclaimed asphalt pavement (RAP) and according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates – Base, Subbase, Select Subgrade and Backfill Material (April 2013));

supply and placement of unshrinkable fill according to TS 13.10 – Construction Specifcation for Unshrinkable Fill;

permanent restoration of all existing landscaping, sod, fences, river stone, gardens, decorative rocks, vegetation, interlock stone or lock stone, unit pavers, concrete and asphalt walkways or driveways (all types), to pre-construction conditions or better.

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Flexible Pipe

Embedment material as it relates to flexible pipe from the bottom of the trench to the bottom of the backfill shall be Granular A according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates - Base, Subbase, Select Subgrade, and Backfill Material (April 2013). The embedment material shall extend a minimum 200 mm below the pipe invert and extend 300 mm above the top of the pipe. The material shall be worked carefully under the sides of the pipe and compacted in 150 mm layers to 98% of maximum dry density with light equipment by hand so as not to damage the pipe or alter its installation in anyway. Recycled granular material shall not be used for embedment material.

The embedment and backfill shall be according to OPSD 802.010 Type 4 soil.

Rigid Pipe

Bedding material used to support rigid pipe shall be Granular A according to TS 1010 (April 2015) – Amendment to OPSS.MUNI 1010 – Material Specification for Aggregates - Base, Subbase, Select Subgrade, and Backfill Material (April 2013). The bedding material shall be compacted by approved mechanical means in 150 mm layers to 98% of maximum dry density.

The pipe bedding, cover and backfill shall be according to OPSD 802.031 Class B bedding.

Cover Material

Cover material placed from the top of the bedding to the bottom of the backfill for rigid pipe shall be Granular A compacted by approved mechanical means in 150 mm layers to 95% of maximum dry density.

Backfill Material

Backfill material used above the embedment or cover material and below the lower of the subgrade or finished grade or the ground shall be unshrinkable fill when under concrete and asphalt sidewalks, curb and roadway. Backfill material in other areas other than roadway shall be Granular B Type II according to TS 1010 compacted by approved mechanical means in 150 mm layers to 98% of maximum dry density.

Sewer Service Installation and Connections

Prior to installing the sewer service lateral tees in the sewer mainline pipe, the Contractor shall confirm the location of all existing sewer service laterals.

Minimum trench widths shall be as specified in the Contract Documents.

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The Contractor shall excavate the trench using non-mechanical methods where utility congestion is present. The cost for non-mechanical excavation shall be included in the cost for sewer service lateral connection installation. No separate payment shall be made.

Temporary Restoration

The Contractor shall complete temporary restoration of all excavations at end of each Working Day of sewer construction, even before work is started on installation of the sewer services.

For more requirements on temporary and permanent trench restoration see supplementary specification GN121SS.


Measurement for payment shall be according to TS 410.

Basis of Payment


16. Trench Stabilization – SW305SP

Special Provision October 2016 Should the Contractor encounter an unstable trench condition, the Contractor must immediately stop their operation, notify the Contract Administrator of the condition, and only proceed when approved to do so by the Contract Administrator.

The work of trench stabilization shall include:

1. Additional sub-excavation;

2. Supply and placement of Terrafix 24-15 woven geotextile overlapped a minimum of 600 mm;

3. 50 mm crushed aggregate according to TS 1010 to a depth of 300 mm for the full width of the trench; and

4. Disposal of excess material.

Basis of Payment

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

17. Rock and Shale Excavation – SW307SP

Special Provision October 2016 The Contractor could during excavation or trenching encounter rock and shale during the installation of the following:

storm pipe sewers,

watermains and associated appurtenances;

underground utilities; and

maintenance holes, catch basins, ditch inlets, and valve chambers.

The Contractor shall refer to the geotechnical report included in the Contract Documents which identify the presence of rock or shale at various locations in this project.

Should bedrock be encountered, it should be removed by chipping. Under no circumstances will blasting or other methods causing vibrations to nearby structures be permitted.

The rock surface shall be cleaned by mechanical and manual means to provide a sound, and un-shattered surface free of loose rock, rock fragments, earth and debris.

Basis of Payment

All costs associated with the removal of rocks smaller than 0.5 m³ in size shall be considered incidental to all related items of Work. No separate payment shall be made.

Payment for the removal of rocks larger than 0.5 m³ in size shall be paid under Schedule A – Schedule of Prices for Changes in the Work and shall be full compensation for all labour, Equipment and Material to do the Work.

18. Cold Wet Mill and Disposal of Asphalt Pavement Containing Asbestos – RD403SP – N/A

19. Excavation of Soft Spots – RD408SP

Special Provision April 2017

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When the Contractor identifies soft areas that have developed after the main excavation operation has been completed, the Contractor shall notify the Contract Administrator immediately. The Contractor shall demarcate the width, length and depth of the soft spot for removal. Soft spots identified during the main excavation operation shall be considered as General Excavation.

In either case, the over excavated area shall be backfilled in the following manner:

1. If the existing ground is still unstable, the Contractor shall place geotextile fabric over the entire section. If the area has stabilized, the geotextile fabric shall not be required at this stage.

2. The over excavated area shall be backfilled with 50 mm crushed aggregate according to TS 1010 or other suitable material determined by the Contract Administrator to the subgrade elevation;

3. Geotextile fabric shall be placed across the section, the fabric material shall be according to Terrafix 24-15 woven geotextile; and

4. The geotextile fabric shall be immediately covered with the full depth of granular base as specified in the Contract Documents, to provide the maximum stability possible.

Basis of Payment

Payment for soft spot removal (excavation), placement of geotextile fabric, supply and placement of granular material shall be according to the respective Contract Price.

20. Installation of Traffic Actuation Equipment – RD 421SP – N/A

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Attachment 1

Field Services Manual Appendix E – CDAs-built Features Requirements

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CITY OF TORONTO

SUPPLEMENTARY CONDITIONS TO CCDC 2-2008

STIPULATED PRICE CONTRACT

June 2014

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Supplementary Conditions, June 2014 1

AMENDMENTS TO THE STIPULATED PRICE CONTRACT, CCDC2-2008

The Standard Construction Document for Stipulated Price Contract, English version, consisting of the Agreement Between Owner and Contractor, Definitions, and General Conditions of the Stipulated Price Contract, Parts 1 to 12 inclusive, governing same is hereby made part of these Contract Documents, with the following amendments, additions and modifications:

1. AGREEMENT BETWEEN OWNER AND CONTRACTOR

1.1 ARTICLE A-3-CONTRACT DOCUMENTS

1.1.1 Amend paragraph 3.1 by adding the following after the words, "The General Conditions of the Stipulated Price Contract":

- "These Supplementary Conditions

-The Specific Conditions, if any

-Drawings

-Specifications"

1.2 ARTICLE A-5 – PAYMENT

1.2.1 Delete paragraph 5.3 – Interest, in its entirety.

1.3 ARTICLE A-6 – RECEIPT AND ADDRESSES FOR NOTICES IN WRITING

1.3.1 Amend paragraph 6.1, by deleting the words, "or by facsimile" in the second sentence, the words, "facsimile or other form of" in the fourth sentence, and the words, "facsimile number" wherever they appear.

2. DEFINITIONS

2.1.1 Delete Definition 4, "Consultant", and replace it with the following:

"The 'Consultant', shall be the person or entity designated as the Consultant by the Owner, from time to time.

2.1.2 Add a new Definition, "Act", as follows:

"'Act" means the Construction Lien Act (Ontario), as amended."

2.1.3 Add a new Definition, "OHSA", as follows:

"'OHSA' means the Occupational Health and Safety Act (Ontario)."

2.1.4 Add a new Definition, "Submittals", as follows:

"Submittals

Submittals are documents or items required by the Contract Documents to be provided by the Contractor in accordance with the Contract Documents such as:

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- Shop Drawings, samples, models, mock-ups to indicate details or characteristics, before the portion of the Work that they represent can be incorporated into the Work; and

- As-built drawings and manuals to provide instructions to the operation and maintenance of the Work.

2.1.5 Add a new Definition, "WSIB", as follows:

"'WSIB' means the Workplace Safety & Insurance Board."

2.1.6 Add a new Definition "Daily Work Records", as follows:

"'Daily Work Records' mean daily records detailing the number and categories of workers and hours worked or on standby, types and quantities of Construction Equipment, and descriptions and quantities of Product utilized."

3. GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT

Where a General Condition or paragraph of the General Conditions of the Stipulated Price Contract is deleted by these Supplementary Conditions, the numbering of the remaining General Conditions or paragraphs shall remain unchanged, and the numbering of the deleted item will be retained, unused.

3.1 GC 1.1 - CONTRACT DOCUMENTS

3.1.1 Delete paragraph 1.1.7.1 in its entirety and replace it with new paragraph 1.1.7.1:

"1.1.7.1 If there is a conflict within the Contract Documents, the order of priority of documents, from highest to lowest, shall be:

any amendment to the Agreement between the Owner and the Contractor,

the Agreement between the Owner and the Contractor, as amended by these Supplementary Conditions

the Definitions,

Specific Conditions

Supplementary Conditions,

the General Conditions,

the Drawings,

Division 1 of the Specifications,

Technical Specifications,

material and finishing schedules."

3.1.2 Delete paragraph 1.1.8 in its entirety and replace it with new paragraph 1.1.8:

"1.1.8 The Owner shall provide the Contractor, without charge, up to ten copies of the Contract Documents. If requested by the Contractor, the City shall provide additional copies at the cost of printing handling and shipping."

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3.1.3 Amend paragraph 1.1.9 by deleting the period at the end and replacing it with ", which shall not unreasonably be withheld."

3.2 GC 1.3 – RIGHTS AND REMEDIES

3.2.1 Amend paragraph 1.3.2 by deleting the word, "Consultant" and replacing it with "his representative".

3.3 GC 1.4 - ASSIGNMENT

3.3.1 Delete paragraph 1.4.1 in its entirety and replace it with the following:

"1.4.1 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of the Owner."

3.4 GC 2.1 – AUTHORITY OF THE CONSULTANT

3.4.1 Delete paragraph 2.1 in its entirety and replace it with new paragraph 2.1:

"2.1.1 The Consultant will be the Owner's representative during construction and until the issuance by the Consultant of a certificate at completion of the Work ("Completion Certificate") or the issuance by the Consultant of a certificate of final acceptance ("Final Acceptance Certificate") whichever is later. All instructions to the Contractor including instructions from the Owner will be issued by the Consultant. The Consultant will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents.

2.1.2 The Consultant will inspect the Work for its conformity with the plans and Specifications, and record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the Work completed in the case of a lump sum price contract.

2.1.3 The Consultant will investigate all claims of a change in the Work made by the Contractor and issue appropriate instructions.

2.1.4 In the case of non-compliance with the provisions of the Contract by the Contractor, the Consultant, after consultation with the Owner, will have the authority to suspend the Work for such reasonable time as may be necessary to remedy such non-compliance. The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances.

3.5 GC 2.2 - ROLE OF THE CONSULTANT

3.5.1 Amend paragraph 2.2.3 by deleting the second sentence thereof.

3.5.2 Amend paragraph 2.2.7 by deleting the words "except with respect to GC 5.1 – FINANCING INFORMATION REQUIRED OF THE OWNER."

3.5.3 Delete paragraph 2.2.16 and replace it with the following:

2.2.16 The Consultant and the Contractor will jointly conduct reviews of the Work to determine the date of Substantial Performance of the Work and completion of the Work as provided in GC 5.4 SUBSTNATIAL PERFORMANCE OF THE WORK and GC 5.7 – FINAL PAYMENT, respectively.

3.6 GC 2.4 - DEFECTIVE WORK

3.6.1 Amend paragraph 2.4.1 by adding the following at the end, "at no additional cost to the Owner"

3.6.2 Add new subparagraphs 2.4.1.1 and 2.4.1.2:

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"2.4.1.1 The Contractor shall rectify, in a manner acceptable to the Owner and the Consultant, all defective Work and deficiencies throughout the Work, whether or not they are specifically identified by the Consultant.

2.4.1.2 The Contractor shall prioritize the correction of any defective Work which, in the sole discretion of the Owner, adversely affects the day to day operation of the Owner."

3.7 GC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS

3.7.1 Delete subparagraphs 3.2.2.4 and 3.2.2.5 in their entirety.

3.8 GC 3.4 - DOCUMENT REVIEW

3.8.1 Delete paragraph 3.4.1 in its entirety and replace it with new paragraph 3.4.1:

"3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency or omission the Contractor may discover. Such review by the Contractor shall comply with the standard of care described in GC 3.14 STANDARD OF CARE. Except for its obligation to make such review and report the result, the Contractor does not assume any responsibility to the Owner or to the Consultant for the accuracy of the Contract Documents. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies, or omissions in the Contract Documents, which the Contractor could not reasonably have discovered. If the Contractor does discover any error, inconsistency or omission in the Contract Documents, the Contractor shall not proceed with the Work affected until the Contractor has received corrected or missing information from the Consultant."

3.8.2 Add new paragraph 3.4.2:

"3.4.2 If the Contractor finds discrepancies in and/or omissions from the Contract Documents or has any doubt as to the meaning or intent of any part thereof, the Contractor shall immediately notify the Consultant, who will provide written instructions or explanations. Neither the Owner nor the Consultant will be responsible for oral instructions."

3.9 GC 3.5 - CONSTRUCTION SCHEDULE

3.9.1 Add the following sections 3.5.1.1.1 to 3.5.1.1.5

"3.5.1.1.1 The schedule shall take into account the sequence of construction and the completion dates contained in the information for bidders and the tender submission package;

3.5.1.1.2 Only computerised type schedules will be accepted;

3.5.1.1.3 The schedule must show the Project critical path and the critical path must be identified in a contrasting colour (red) from the other activities;

3.5.1.1.4 The schedule must clearly show, in weekly intervals, the logic and timing of major activities, proposed start dates and estimated duration for activities;

3.5.1.1.5 The schedule must have a level of detail sufficient to identify the Contractor and each specific Subcontractor and their respective parts of the Work and the specific location thereof."

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3.10 GC 3.6 – SUPERVISION

3.10.1 Amend paragraph 3.6.1 by adding the following after the words, "competent representative", "who shall be a Competent Person, as that term is defined in the Occupational Health and Safety Act,", and by deleting the last sentence, and replacing it with the following, "The Contractor shall not be entitled to change the Competent Person without the prior written authorization of the Owner, which shall not be unreasonably withheld."

3.10.2 Add paragraphs 3.6.3 to 3.6.7 as follows:

"3.6.3 The Contractor shall furnish competent and adequate staff, who shall be in attendance at the Place of the Work at all times, as necessary, for the proper administration, co-ordination, supervision and superintendence of the Work; organize the procurement of all Product and Construction Equipment so that they will be available at the time they are needed for the Work; and keep an adequate force of skilled workers on the job to complete the Work in accordance with all requirements of the Contract Documents.

3.6.4 Prior to commencement of the Work, the Contractor shall select a competent and experienced full time Project manager (the “Project Manager”) who shall be in attendance at the Place of the Work or on the road and engaged in the Work at all times, and a competent and experienced full time site supervisor (the “Site Supervisor”) who shall be in attendance at the Place of the Work at all times. The Project Manager shall have full responsibility for the prosecution of the Work, with full authority to act in all matters as may be necessary for the proper co-ordination, supervision, direction and technical administration of the Work, who shall attend site meetings in order to render reports on the progress of the Work and who shall have authority to bind the Contractor in all matters related to this Contract. The Project Manager and the Site Supervisor shall be satisfactory to the Owner and shall not be changed except for good reason and with the prior written approval of the Owner, which shall not unreasonably be withheld. The Project Manager may be the same person as the competent representative set out in section 3.6.1.

3.6.5 The Project Manager and Site Supervisor shall represent the Contractor at the Place of the Work and notices and instructions given to the Project Manager and/or the Site Supervisor shall be held to have been received by the Contractor.

3.6.6 The Owner acting reasonably, shall have the right to order the Contractor to remove from the Project any representative or employee of the Contractor, Subcontractors or Suppliers who, in the opinion of the Owner, are a detriment to the Project.

3.6.7. The Contractor shall provide the Owner and the Consultant with the names, work addresses and telephone numbers of the Project Manager, the Site Supervisor and other responsible field persons who may be contacted for emergency and other reasons during non-working hours.”

3.11 GC 3.7 - SUBCONTRACTORS AND SUPPLIERS

3.11.1 Add a new paragraph 3.7.1.4, as follows:

"3.7.1.4 at all times ensure full compliance with all of the Owner's policies including the Owner's Fair Wage Policy, and its collective agreements."

3.11.2 Delete paragraphs 3.7.3, 3.7.4, and 3.7.5 in their entirety, and replace them with sections 3.7.3, 3.7.4, 3.7.5, 3.7.6, 3.7.7, and 3.7.8 as follows:

"3.7.3 The Contractor may subcontract any part of the Work, subject to these General Conditions and any limitations specified in the Contract Documents.

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3.7.4 The Contractor shall notify the Consultant, in writing, of its intention to subcontract. Such notification shall identify the part of the Work and the Subcontractor with whom it is intended to subcontract.

3.7.5 The Contractor shall not, without the written consent of the Owner, and whose consent shall not be unreasonably withheld, change a Subcontractor who has been engaged in accordance with this General Condition.

3.7.6 The Contractor shall preserve and protect the rights of the Owner with respect to that part of the Work to be performed under subcontract and shall enter into agreements with the intended Subcontractors to require them to perform their Work in accordance with the Contract Documents and shall be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly and indirectly employed by them as for acts and omissions of persons employed directly by the Contractor.

3.7.7 The Owner's consent to subcontracting by the Contractor shall not be construed as relieving the Contractor from any obligation under the Contract and shall not impose any liability on the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner.

3.7.8 The Contractor and all associated Subcontractors shall be subject to the Owner's policies, including any Fair Wage Policy, if any, as may be adopted by the Owner from time to time, and any of the Owner's or legislated labour trades requirements. Failure to comply with these policies or requirements may lead to termination of the Contract, or rejection of a Subcontractor, as the case may be."

3.12 GC 3.8 - LABOUR AND PRODUCTS

3.12.1 Paragraph 3.8.2 is amended by adding the following sentence to the end:

"The Contractor shall not change the source of supply of any Product without the written authorization of the Consultant."

3.12.2 Amend paragraph 3.8.3 by adding the following at the end thereof:

"and shall not employ any persons on the Work whose labour affiliation (or lack thereof) is incompatible with other labour employed in connection with the Work or at the Place of the Work."

3.13 GC 3.11- USE OF THE WORK

3.17.1 Amend section 3.11.2 by adding the words, ", individuals and the area adjacent to the work.", at the end thereof.

3.14 GC 3.12- CUTTING AND REMEDIAL WORK

3.18.1 Amend paragraph 3.12.1 by adding the word, "coring," before the word, "cutting".

3.15 GC 3.13- CLEANUP

3.15.1 Amend paragraph 3.13.2 by adding the following at the end thereof, "all to the satisfaction of the Consultant and the Owner, acting reasonably."

3.15.2 Add a new paragraph 3.13.4 as follows:

"3.13.4 The Owner shall have the right to back charge cleaning to the

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Contractor if the cleaning is not completed within 24 hours of written notice to clean and the Owner shall have the right to back charge the cost of damage to the Place of the Work caused by the Contractor’s, Subcontractor’s or Supplier's transportation in and out of the Place of the Work if not repaired within 5 Working Days of written notice to repair or before final payment, whichever is earlier.”

3.16 GC 3.14 – STANDARD OF CARE

3.16.1 Add new General Condition 3.14 as follows:

"3.14.1 In performing its services and obligations under the Contract, the Contractor shall exercise a standard of care, skill and diligence that would normally be provided by an experienced and prudent Contractor supplying similar services for similar projects. The Contractor acknowledges and agrees that throughout the Contract, the Contractor's obligations, duties and responsibilities shall be interpreted in accordance with this standard. The Contractor shall exercise the same standard of due care and diligence in respect of any Products, personnel, or procedures which it may recommend to the Owner.

3.14.2 The Contractor further represents covenants and warrants to the Owner that there are no pending, threatened or anticipated claims that would have a material effect on the financial ability of the Contractor to perform its Work under the Contract."

3.17 GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER

3.17.1 Delete GC 5.1.1 and 5.1.2 in their entirety and replace them with "Intentionally left blank."

3.18 GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT

3.18.1 Amend paragraph 5.2.4 by deleting the words "calendar days" and replacing them with "Working Days".

3.18.2 Amend paragraph 5.2.7 by adding the following at the end thereof:

"Any Products delivered to the Place of the Work but not yet incorporated into the Work shall remain at the risk of the Contractor notwithstanding that title has passed to the Owner pursuant to GC 13.1 OWNERSHIP OF MATERIALS."

3.18.3 Add new paragraphs 5.2.8, 5.2.9 , 5.2.10, 5.2.11, 5.2.12, and 5.2.13 as follows:

"5.2.8 The Contractor shall submit a WSIB clearance certificate and a Statutory Declaration of Progress Payment Distribution by Contractor in a form acceptable to the Owner with each application for progress payment.

5.2.9 The Contractor shall, within 21 days of the signing of the Contract, and prior to the first claim for monthly payment, submit to the Owner a detailed breakdown of the lump sum tender price for the purpose of establishing monthly payments. The Owner, acting reasonably, reserves the right to modify costs allocated to the various breakdown items to prevent unbalancing.

5.2.10 Payment for mobilizing and setting up plant, temporary buildings and services, premiums and other disbursements, shall be prorated based on the value of the Work performed during a billable period..

5.2.11 Payment for bonds and insurance will be paid 100 per cent on the first progress payment, provided that respective invoices are submitted as proof of payment.

5.2.12 An “as-built” item shall be identified on the cost breakdown with a corresponding fair and reasonable value for the purpose of ensuring that the as-built information drawings are given due diligence. A detailed description of as-built information/drawings performed for that month shall accompany the invoice.

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5.2.13 Prior to applying for any payment from the City, the Contractor shall submit a monthly projected/estimated payment schedule based on the detailed construction schedule and the Contract Price for the duration of the Contract."

3.19 GC 5.3 - PROGRESS PAYMENT

3.19.1 Amend subparagraph 5.3.1.2 by adding the following sentence at the end thereof:

"For clarity, the ten calendar day period referenced in this paragraph shall not commence until such time as the Consultant has determined that he has received from the Contractor all required documents supporting the invoice and evidencing the Work being invoiced, all to the Consultant's reasonable satisfaction."

3.19.2 Amend paragraph 5.3.1.3 by deleting the number "20" and replacing it with the number, "30", and by deleting everything after the word "after" and replacing it with the following:

"the Consultant and the Contractor have reached mutual agreement on the amount of the invoice evidencing the Work being invoiced with required supporting documents."

3.20 GC 5.4 – SUBSTANTIAL PERFORMANCE OF THE WORK

3.20.1 Delete paragraph 5.4.3 in its entirety and replace it with the following:

"Immediately prior to the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, shall establish a schedule for completion of the Work and cor rec t ing def ic ien t Work , and the construction schedule shall be deemed to be amended to include this completion schedule."

3.20.2 Add new paragraphs 5.4.4 and 5.4.5:

"5.4.4 Prior to submitting its written application for Substantial Performance of the Work, the Contractor shall submit to the Consultant all:

.1 guarantees;

.2 warranties, completed as per paragraph 12.3.6;

.3 certificates;

.4 testing and balancing reports;

.5 distribution system diagrams;

.6 spare parts;

.7 maintenance/operation manuals;

.8 training manuals;

.9 samples;

.10 reports and correspondence from authorities having jurisdiction in the Place of the Work;

.11 Shop Drawings, and marked up Drawings;

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.12 completed as-built drawings in the latest edition of a Computer Assisted Design Drawing software program;

.13 inspection certificates;

and other materials or documentation required to be submitted under the Contract, together with written proof acceptable to the Owner and the Consultant that the Work has been substantially performed in conformance with the requirements of municipal, governmental and utility authorities having jurisdiction in the Place of the Work.

5.4.5 Where the Contractor is unable to deliver the documents and materials described in paragraph

5.4.4, then, provided that none of the missing documents and materials interferes with the use and occupancy of the Project in a material way, and except as described herein, the failure to deliver shall not be grounds for the Consultant to refuse to certify Substantial Performance of the Work. However, certification of Substantial Performance of the Work ma y be withheld if the Contractor f a i l s to deliver maintenance manuals, as required in paragraph 5.4.4.7, o r completed a s -built drawings, as required in subparagraph 5.4.5.12. Any documents or materials not delivered in accordance with paragraph 5.4.5 shall be delivered as provided in paragraph 5.7.1.2 of GC 5.7."

3.21 GC 5.5 - PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK

3.21.1 Amend paragraph 5.5.1.2 by adding the following at the end thereof:

"The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance of the Work. Payment of such statutory holdback shall be due 46 days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents: a satisfactory certificate of clearance from the WSIB; a Release and Waiver in a form acceptable to the City; and proof of publication of the Certificate of Substantial Performance."

3.21.2 Amend paragraph 5.5.2 by deleting from line 1, the words, "the statement" and replacing them with the words, "the documents".

3.21.3 Delete paragraph 5.5.3 in its entirety.

3.21.4 Amend paragraph 5.5.4 by deleting the last sentence and replacing it with the following: "In accordance with the Construction Lien Act, the Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work and, the Owner acting reasonably, may retain any amounts in respect of claims of third parties made to the Owner in respect of the Contract or the Work, and in respect of any claims the Owner may have against the Contractor."

3.22 GC 5.6 - PROGRESSIVE RELEASE OF HOLDBACK

3.22.1 Amend paragraph 5.6.1 by deleting the period at the end of the first sentence and substituting ",subject to, and in accordance with, the terms of this GC 5.6." and by deleting the last sentence thereof and by adding the following as paragraphs 5.6.1.1, and 5.6.1.2:

"5.6.1.1 The holdback in respect of a subcontract shall be released 46 days after the date the subcontract is certified complete , provided the Contractor submits the following to the Consultant:

(a) a document satisfactory to the Consultant that will release the Owner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies;

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(b) evidence satisfactory to the Consultant that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract;

(c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and

(d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due to the Subcontractor from the Contractor."

5.6.1.2 The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work and any amounts in respect of claims of third parties made to the City in respect of the Contract or the Work. "

3.23 GC 5.7 - FINAL PAYMENT

3.23.1 Amend paragraph 5.7.1 by renumbering it as 5.7.1.1 and adding the following subparagraph as 5.7.1.2,.

"5.7.1.2 The Contractor’s application for final payment shall be accompanied by any documents or materials not yet delivered pursuant to paragraph 5.4.4. The Work shall be deemed not to be performed until all of the aforementioned documents have been delivered, and the Owner may withhold payment in respect of the delivery of any documents in an amount determined by the Consultant in accordance with the provisions of GC 5.8 WITHHOLDING OF PAYMENT."

3.23.2 Amend paragraph 5.7.4 by deleting the number, "5" and replacing it with "45".

3.24 GC 6.2 - CHANGE ORDER

3.24.1 Add new paragraphs 6.2.3 and 6.2.4 as follows:

"6.2.3 Work on a Lump Sum Basis

6.2.3.1 Any agreement reached by the Owner and Contractor on an adjustment of the Contract Price on either a lump-sum or unit price basis shall be subject to the conditions contained in this paragraph 6.2.3.

6.2.3.2 Where a change in the Work, is performed by the Contractor’s own forces, the negotiated lump sum price for change in the Work, or negotiated unit price(s) for each unit priced item shall be all-inclusive, except HST and mark-up as provided hereafter, and shall include, without limitation, all costs, charges, expenses and fees whatsoever required or related to perform such change, or such unit priced item. The Contractor shall be allowed a mark-up to a maximum amount of 15% of the lump sum price, or aggregate of unit items and applicable unit price(s), for such change, net of taxes on the first $100,000 and 10% thereafter. The Contractor shall provide a written quotation identifying each amount to be charged for transportation, labour, Product, Construction Equipment and services and all other costs for the performance of the Work. The HST, as applicable, shall be identified separately in a manner satisfactory to the Owner.

6.2.3.3 Where a change in the Work is performed by a Subcontractor’s forces, the Subcontractor’s lump sum price for change in the Work, or unit price (s) for each unit priced item shall be all-inclusive, except HST and mark-up as provided hereafter, and shall include all of its costs, charges, expenses and fees whatsoever required or related to perform such change, or such unit priced item. The Contractor shall provide a written quotation with back-up documentation from the Subcontractor identifying each amount to be charged for transportation, labour, Product, Construction Equipment and services and all other costs for the performance of the Work and the total price charged by the Subcontractor. The Subcontractor shall be allowed a mark-up to a maximum amount of 15% of the lump sum price, or aggregate of unit items and applicable unit price(s), for such change, net of taxes on the first $100,000 and 10% thereafter. The Contractor is allowed a maximum mark-up of 10% on the total price charged by the Subcontractor to the

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Contractor for such change, net of taxes and Subcontractor mark-up. The HST, as applicable, shall be identified separately in a manner satisfactory to the Owner.

6.2.3.4 In the event any of the change in the Work, contains items or parts that, in the opinion of the Consultant, are the same or equivalent to items for which the Contractor submitted unit prices in the tender submitted by the Contractor, then the prices in the tender shall be the prices paid by the Owner for that work or parts of the work in respect of any such change in the Work.

6.2.3.5 Where a change in the Work is performed either by the Contractor or a Subcontractor, and requires Construction Equipment, reasonable rental charges for Construction Equipment, such as tractors, bulldozers, ditching machines, air compressors, compactors, concrete mixers and graders, for the actual time required in operation for the performance of the Work must be agreed upon before commencing the Work.

6.2.3.6 The mark-ups provided for in paragraph 6.2.3.2 and 6.2.3.3 shall constitute the only compensation the Contractor shall be entitled to for any and all overhead, profit, incidental and administrative costs whatsoever related to the change, including but not limited to, costs relating to superintendence and supervision, shop drawing production, estimating, site office and home office expenses, workers tools, temporary facilities and controls, and coordination of any and all Work-related activities.

6.2.3.7 No claim whatsoever for a change in the Contract Time, delay, prolongation charges, remobilization or otherwise shall be permitted with respect to a change, unless first authorized by the Consultant and approved by the Consultant and set out in the Change Order or Change Directive, as the case may be, by the Owner.

6.2.3.8 No compensation for any change in the Work shall be allowed unless such change is first ordered in writing by the Consultant and authorized by the Owner.

6.2.4 Work on a Time and Material Basis

6.2.4.1 Where agreement is not reached on a lump-sum or unit price basis for a change in the Contract Price arising out of a change in the Work, the Owner may choose to issue a Change Order for Work on a Time and Material Basis, in which case the following provisions in this section 6.2.4 shall apply:

6.2.4.2 For the purposes of this paragraph 6.2.4, the following definitions apply:

Cost of Labour: means the amount of wages, salary, travel, travel time, food, lodging or similar items and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs incurred for general supervision, administration or management time spent on the entire Work or any wages, salary or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Construction Equipment.

Cost of Product: means the cost of Product purchased, or supplied from stock, and valued at current market prices, for the purpose of carrying out extra Work, by the Contractor, or by others when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices.

Operated Rented Construction Equipment: means rented Construction Equipment for which an operator is provided by the supplier of the Construction Equipment and for which the rent or lease includes the cost of the operator.

Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment insurance, sickness and accident insurance, pension fund and such other welfare and benefit payments forming part of the Contractor's normal labour costs.

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Rented Equipment: means Construction Equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by the Securities Act, R.S.O. 1990, Chapter c.S.5, as amended, and is approved by the Consultant.

Road Work: means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures.

Sewer and Watermain Work: means the preparation, construction, finishing and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures.

Standby Time: means any period of time which is not considered Working Time and which together with the Working Time does not exceed 10 hours in any one Working Day and during which time a unit of Construction Equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition.

Structure Work: means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, building, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel or retaining wall and the installation of equipment and appurtenances incidental thereto.

The 127 Rate: means the rate for a unit of Construction Equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment Including Model and Specification Reference, which is current at the time the Work is carried out or for Construction Equipment which is not so listed, the rate which has been calculated by the Owner, using the same principles as used in determining The 127 Rates.

Work on a Time and Material Basis: means changes in the Work approved by the Consultant for payment on a time and material basis. The Work on a Time and Material Basis shall be subject to all the terms, conditions, Specifications and provisions of the Contract.

Working Time: means each period of time during which a unit of Construction Equipment is actively and of necessity engaged on a specific operation and the first 2 hours of each immediately following period during which the unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition.

6.2.4.3 Daily Work Records prepared as the case may be by either the Contractor's representative or the Consultant and reporting the labour and Construction Equipment employed and the Product used for Work on a Time and Material Basis, shall be reconciled and signed each day by both the Contractor's representative and the Consultant.

6.2.4.4 Payment as herein provided shall be full compensation for all labour, Construction Equipment and Product to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a time and material basis shall apply to each individual Change Order authorized by the Consultant.

6.2.4.5 The Owner will pay the Contractor for labour employed on each time and material project at 135% of the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of $3000.

6.2.4.6 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor’s actual cost of Payroll Burden.

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6.2.4.7 At the Owner’s discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Work on a Time and Material Basis.

6.2.4.8 The Owner will pay the Contractor for Product used on each time and material project at 120% of the Cost of Product up to $3,000, then at 115% of any portion of the Cost of Product in excess of $3,000.

6.2.4.9 The Owner will pay the Contractor for the Working Time of all Construction Equipment other than rented Construction Equipment and Operated Rented Construction Equipment used on the Work on a Time and Material Basis at the 127 Rates with a cost adjustment as follows:

(a) Cost $10,000 or less - no adjustment;

(b) Cost greater than $10,000 but not exceeding $20,000 - payment $10,000 plus 90% of the portion in excess of $10,000; and

(c) Cost greater than $20,000 - $19,000 plus 80% of the portion in excess of $20,000.

6.2.4.10 The Owner will pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Consultant up to a maximum of 110% of the 127 Rate. This constraint will be waived when the Consultant approves the invoice price prior to the use of the Rented Equipment.

6.2.4.11 The Owner will pay the Contractor for the Working Time of Operated Rented Construction Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Construction Equipment invoice price approved by the Consultant prior to the use of the Construction Equipment on the Work on a Time and Material Basis.

6.2.4.12 The Owner will pay the Contractor for Standby Time of Construction Equipment at 35% of the 127 Rate or 35% of the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Place of the Work for extended periods agreed to by the Consultant. This will include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis.

6.2.4.13 In addition, the Owner will include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis.

6.2.4.14 Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the Rented Equipment can be resumed. The Owner will pay such costs as result directly from such return.

6.2.4.15 When Construction Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Place of the Work, payment will be made by the Owner only in respect of the transporting units. When Construction Equipment is moved under its own power it shall be deemed to be working. Construction Equipment rates shall be subject to the approval of the Consultant.

6.2.4.16 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of hand tools or equipment that are tools of the trade.

6.2.4.17 For changes in the Work, where the Work is performed by a Subcontractor the Owner shall pay the Contractor a mark up in the amount of 10 % of the first $10,000 plus 5 % of the amount in excess of $10,000.

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6.2.4.18 No further markup will be applied regardless of the extent to which the Work is assigned or sublet to others. If Work is assigned or sublet to an associate, as defined by the Securities Act no markup whatsoever will be applied.

6.2.4.19 At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable labour and Construction Equipment rates not already submitted to the Consultant during the course of such work.

6.2.4.20 Separate summaries shall be completed by the Contractor according to the standard form “Summary for Payment of Accounts on a Time and Material Basis”. Each summary shall include the order number and covering dates of the Work and shall itemize separately labour, Product and Construction Equipment. Invoices for Product, Rented Construction Equipment and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary.

6.2.4.21 Each month the Consultant will include with the monthly progress payment certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the Contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis.

6.2.4.22 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the Contractor within 60 days after the completion of the Work on a Time and Material Basis."

3.25 GC 6.3 - CHANGE DIRECTIVE

3.25.1 Delete paragraph 6.3.7.1 in its entirety and replace it with the following:

".1 salaries, wages and benefits paid to personnel in the direct employ of the Contractor, applying the labour rates set out in the wage schedule in the Contract Documents or as otherwise agreed between the Owner and Contractor for personnel,

(1) carrying out the Work, including necessary supervisory services;

(2) engaged in expediting the production or transportation of material or equipment, at shops or on the road;

(3) engaged in the preparation of Shop Drawings, fabrication drawings, coordination drawings and Contract as-built drawings, or,

(4) including clerical staff engaged in processing changes in the Work."

3.25.2 Amend paragraph 6.3.8 by adding the words "except for paragraph 6.3.14" after the word "Contract" in the first line.

3.25.3 Add new paragraph 6.3.14 as follows:

"6.3.14 For greater certainty, and without limitation, the cost of performing the Work attributable to the Change Directive does not include, and no payment shall be made for:

.1 head office salaries and benefits and all other overhead or general expenses, except only for the salaries, wages and benefits of personnel described in paragraph 6.3.7.1 and the contributions, assessments or taxes referred to in paragraphs 6.3.7.2;

.2 capital expenses and interest on capital;

.3 general clean-up, except where the performance of the Work in the Change Directive causes specific additional clean-up requirements;

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.4 wages paid for project managers, superintendents, assistants, watch persons and administrative personnel, provided the Change Directive does not result in an extension of Contract Time;

.5 wages, salaries, rentals, or other expenses that exceed the rates that are standard in the locality of the Place of the Work that are otherwise deemed unreasonable by the Consultant;

.6 any costs or expenses attributable to the negligence, improper Work, deficiencies, or breaches of Contract by the Contractor or Subcontractor;

.7 any cost of quality assurance, such as inspection and testing services, charges levied by authorities, and any legal fees unless any such costs or fees are pre-approved in writing by the Owner."

3.26 GC 6.5 - DELAYS

3.26.1 Amend paragraphs 6.5.1, and 6.5.2 by deleting the period at the end of each paragraph, and substituting the following words, ", but excluding any consequential, indirect or special damages, loss of profit, loss of opportunity or loss of productivity resulting from such delay."

3.26.2 Add new subparagraphs 6.5.6, 6.5.7, 6.5.8 and 6.5.9 as follows:

"6.5.6 If the Contractor is delayed in the performance of the Work by an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly, or by any cause within the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Owner shall be reimbursed by the Contractor for all reasonable costs incurred by the Owner as the result of such delay, including all services required by the Owner from the Consultant as a result of such delay by the Contractor and, in particular, the cost of the Consultant's services during the period between the date of Substantial Performance of the Work stated in Article A-1 herein as the same may be extended through the provisions of these General Conditions and any later, actual date of Substantial Performance of the Work achieved by the Contractor.

6.5.7 The Contractor shall be responsible for the care, maintenance and protection of the Work in the event of any suspension of construction as a result of the delay described in paragraphs 6.5.1, 6.5.2 or 6.5.3. In the event of such suspension, the Contractor shall be reimbursed by the Owner for the reasonable costs incurred by the Contractor for such care, maintenance and protection, but excluding the costs of the Contractor's head office personnel. The Contractor's entitlement to costs pursuant to this paragraph 6.5.7, if any, shall be in addition to amounts, if any, to which the Contractor is entitled pursuant to paragraphs 6.5.1, 6.5.2 or 6.5.3.

6.5.8 Without limiting the obligations of the Contractor described in GC 3.2 – CONSTRUCTION BY OWNER OR OTHER CONTRACTORS and GC 9.4 – CONSTRUCTION SAFETY, the Owner may, by Notice in Writing, direct the Contractor to stop the Work where the Owner determines that there is an imminent risk to the safety of persons or property at the Place of the Work. In the event that the Contractor receives such notice, it shall immediately stop the Work and secure the Project site. The Contractor shall not be entitled to an extension of the Contract Time or to an increase in the Contract Price unless the resulting delay, if any, would entitle the Contractor to an extension of the Contract Time or the reimbursement of the Contractor's costs as provided in paragraphs 6.5.1, 6.5.2 or 6.5.3.

6.5.9 The Contractor recognizes and agrees that the Owner will suffer financial loss if the Work is not completed within the time specified in the Contract. The Contractor also recognizes the delays, expenses and difficulties involved in proving the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Contractor agrees that as liquidated damages for delay (but not as penalty) the Contractor shall pay to the Owner, as liquidated damages, an amount per day, as designated in the Specific Conditions of Contract for each and every day’s delay from the specified time for completion of the Work until actual completion of the Work, and it is further expressly acknowledged and agreed by the Contractor that:

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(a) this amount is a reasonable estimate of the actual damage that will be incurred by the Owner due to any failure to complete the Work within the time required by this Contract;

(b) the Owner may deduct the amount due under this section from any monies that may be due or payable to the Contractor, whether under this Contract or any other agreement;

(c) the liquidated damages provided for in this section shall be without prejudice to any other remedy to which the Owner is entitled at law or in equity."

3.27 GC 6.6 CLAIMS FOR CHANGE IN CONTRACT PRICE

3.27.1 GC 6.6.1 - 6.6.6 are deleted in their entirety and replaced with the following:

"6.6.1 Claims for a change in the Contract Price shall be determined in accordance with GC 8, as amended."

3.28 GC 7.1 - OWNER'S RIGHT TO PERFORM THE WORK, STOP THE WORK, OR TERMINATE THE CONTRACT

3.28.1 Amend paragraph 7.1.2 by adding the following sentence to the end:

"Failure by the Owner to provide such notice shortly after the default has occurred shall not constitute condonation of the default."

3.28.2 Add a new paragraph 7.1.5.5 as follows:

".5 charge the Contractor for any damages the Owner may have sustained as a result of the default."

3.29 GC 7.2 - CONTRACTOR'S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT

3.29.1 Delete paragraphs 7.2.1, and 7.2.3.1 in their entirety.

3.29.2 In paragraph 7.2.2, insert the words "other than the City of Toronto" after the words "public authority" in the second line.

3.29.3 Delete subparagraph 7.2.3.4 and replace it with the following:

".4 the Owner violates the requirements of the Contract to a substantial degree"


"7.2.5 If the default cannot be corrected within the 5 Working Days specified in paragraph 7.2.4, the Owner shall be deemed to have cured the default if it

.1 commences the correction of the default within the specified time; and

.2 provides the Contractor with an acceptable schedule for such correction; and

.3 completes the correction in accordance with such schedule."

3.29.5 Add new paragraph 7.2.6:

"7.2.6 If the Contractor terminates the Contract under the conditions described in this GC 7.2, the Contractor shall be entitled to be paid for all Work performed to the date of termination. The Contractor

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shall also be entitled to recover the direct costs associated with termination, including the costs of demobilization, losses sustained on Products and Construction Equipment. The Contractor shall not be entitled to any recovery for special, indirect or consequential losses, or loss of use."

3.30 GC 8.0 – DISPUTE RESOLUTION

3.30.1 Delete Part 8 in its entirety and replace it with the following:

"8.0 DISPUTE RESOLUTION

8.1.1 Continuance of the Work

Unless the Contract has been terminated or completed, the Contractor shall in every case, after serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall not jeopardize any claim it may have.

8.1.2 Record Keeping

Immediately upon commencing Work that may result in a claim, the Contractor shall keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Consultant shall keep Daily Work Records to be used in assessing the Contractor's claim, all records to be in accordance with the requirements of the Contract.

8.1.3 The Contractor and the Consultant shall attempt to reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the Consultant fail to reconcile their respective Daily Work Records, then the Contractor shall submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim.

8.1.4 The keeping of Daily Work Records by the Consultant or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim.

8.2 Claims Procedure

8.2.1 The Contractor shall give verbal notice to the Consultant of any situation which may lead to a claim for additional payment immediately upon becoming aware of the situation and shall provide written notice to the Consultant of such situation or of any express intent to claim such payment, within seven days of the commencement of any part of the Work which may be affected by the situation or shall form part of the claim.

8.2.2 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 days after completion of the Work affected by the situation. The detailed claim shall:

a) identify the item or items in respect of which the claim arises;

b) state the grounds, contractual or otherwise, upon which the claim is made; and

c) include the records maintained by the Contractor supporting such claim.

In exceptional cases the 30 days may be increased to a maximum of 90 days with approval in writing from the Consultant.

8.2.3 Within 30 days of the receipt of the Contractor’s detailed claim, the Consultant may request the Contractor to submit any further and other particulars as the Consultant considers necessary to

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assess the claim. The Contractor shall submit the requested information within 30 days of receipt of such request.

8.2.4 Within 90 days of receipt of the detailed claim, the Owner, or if authorized by the Owner, the Consultant, shall advise the Contractor, in writing, of the Owner’s opinion with regard to the validity of the claim.

8.3 Negotiations

8.3.1 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate these negotiations.

8.3.2 Should the Contractor disagree with the opinion given in paragraph 8.2.4, with respect to any part of the claim, the Consultant shall enter into negotiations with the Contractor to resolve the matters in dispute. Negotiation shall occur on three levels; first, with the Consultant, second, with the Owner’s Manager level, and third, with the Owner’s Director, General Manager or Executive Director level. Corresponding level shall be involved in the discussions on behalf of the Contractor. Any agreement reached with the Consultant shall be subject to the Owner’s approval. Prior to commencement of construction the Owner and the Contractor shall meet to determine the names of the representatives at the three levels of discussion. These names shall be put in writing, to be used in the event of a dispute in issue.

8.3.3 Discussions with the Consultant shall be completed as soon as possible and shall be limited to a period of no more than 30 days following receipt of the opinion given in paragraph 8.2.4. Manager level discussion shall be completed as soon as possible following failed discussions with the Consultant, and shall be limited to a period of no more than a further 30 days. The Director, General Manager or Executive Director level discussion shall be completed as soon as possible following failed manager level discussions, and shall be limited to a period of no more than a further 30 days.

8.3.4 Each party shall be responsible for elevating an issue to the next level of negotiation, if the issue has not been resolved at the current level. The Contractor or Consultant shall notify the other properly in writing if he or she wishes to pursue an issue to the next level of negotiation.

8.3.5 Where a negotiated settlement cannot be reached, or it is agreed that payment cannot be made in accordance with paragraph 6.2.3 or paragraph 6.2.4, the parties may, upon mutual agreement, proceed in accordance with clause paragraph 8.4, Mediation.

8.4 Mediation

8.4.1 If a claim is not resolved satisfactorily through the negotiation process in paragraph 8.3, and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator.

8.4.2 The mediator shall be mutually agreed upon by the Owner and Contractor.

8.4.3 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together or separately, as necessary, to review all aspects of the issue. The mediator may provide the parties with his or her non-binding without prejudice settlement recommendation, on the day of the mediation.

8.4.4 Each party is responsible for its own costs related to the use of the third party mediator process. The costs of the third party mediator shall be equally shared by the Owner and Contractor.

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8.5 Payment

8.5.1 Payment of the claim shall be made no later than 30 days after the date of resolution of the claim or dispute. Such payment shall be made according to the terms of Part 5, Payment.

8.6 Rights of Both Parties

8.6.1 Unless the parties agree otherwise, no action taken under paragraphs 8.1 to 8.6, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties.

8.7 Arbitration

8.7.1 If a claim is not resolved satisfactorily through the negotiation process, or mediation if utilized, either party may request an arbitration of the dispute and the parties, by mutual agreement, may submit such dispute to arbitration and the provisions of the Ontario Arbitration Act, 1991, as amended, shall apply to such arbitration, including the provisions for appeal therein except as otherwise provided in this section 8.7. Notwithstanding this, in the case of claims for amounts less than $150,000, exclusive of H.S.T., the provisions of subsection GC 8.7 to 8.11, Arbitration, shall be mandatory if requested by either party, and the matter shall proceed to arbitration if not resolved through the said negotiation or mediation processes.

8.7.2 If the Parties engage in arbitration to resolve the issue, notification to that effect shall be communicated in writing to the Consultant within 30 days of completing the negotiations referred in paragraph 8.3, or, if the parties proceed to mediation under paragraph 8.4, within 30 days of completing that mediation.

8.7.3 The parties shall be bound by the decision of the arbitrator.

8.7.4 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended, shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of paragraphs 8.7 to 8.11.

8.8 Arbitration Procedure

8.8.1 The following provisions are to be included in the agreement to arbitrate:

.1 All existing actions in respect of the matters under arbitration shall be stayed pending arbitration;

.2 All then unresolved claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated; and

.3 Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule.

8.9 Appointment of Arbitrator

8.9.1 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute.

8.9.2 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 days of the notification of arbitration noted in paragraph GC 8.7.2, the Owner and the Contractor shall each chose an appointee with 37 days of the notice of arbitration.

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8.9.3 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which shall select an arbitrator to adjudicate the dispute within 7 days of being requested to do so.

8.9.4 The arbitrator shall not be interested financially in the Contract nor in either party’s business and shall not be employed by either party.

8.9.5 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may hear and consider any evidence which the arbitrator considers relevant.

8.9.6 The hearing shall commence within 90 days of the appointment of the arbitrator.

8.10 Costs

8.10.1 The arbitrator’s fee shall be equally shared by the Owner and the Contractor.

8.10.2 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor.

8.10.3 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor.

8.10.4 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration.

8.11 The Decision

8.11 The reasoned decision shall be made in writing within 90 days of the conclusion of the hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with Part 5, Payment."

3.31 GC 9.1 - PROTECTION OF WORK AND PROPERTY

3.31.1 Delete subparagraph 9.1.1.1 in its entirety and replace it with new subparagraph 9.1.1.1:

"9.1.1.1 errors in the Contract Documents which the Contractor could not have discovered applying the standard of care described in GC 3.14 STANDARD OF CARE."

3.31.2 Amend paragraph 9.1.1.2 by adding the word, "negligent" at the beginning thereof.

3.31.3 Add new paragraphs 9.1.5 and 9.1.6 as follows:

"9.1.5 Without in any way limiting the Contractor's obligations under this GC 9.1, should the Contractor or any Subcontractor or Supplier cause loss or damage to trees or other plantings, whether owned by the Owner or third parties, the Contractor shall be liable for the replacement cost of the trees or other plantings damaged, including the cost of any arborist or other Consultant, and such costs may be deducted by the Owner from amounts otherwise owing to the Contractor.

9.1.6 The Contractor shall neither undertake to repair and/or replace any damage whatsoever to the Work of other Contractors, or to adjoining property, nor acknowledge the same was caused or occasioned by the Contractor, without first consulting the Owner and receiving written instructions as to the course of action

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to be followed from either the Owner or the Consultant. However, where there is danger to life or public safety, the Contractor shall take such emergency action as it deems necessary to remove the danger."

3.32 GC 9.4 - CONSTRUCTION SAFETY

3.32.1 Delete paragraph 9.4.1 in its entirety and substitute new paragraph 9.4.1:

"9.4.1 The Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work."

3.32.2 Add new paragraphs 9.4.2, 9.4.3 and 9.4.4:

"9.4.2 Prior to the commencement of the Work, the Contractor shall submit to the Owner:

.1 a current WSIB clearance certificate;

.2 documentation of the Contractor’s in-house safety-related programs;

.3 a copy of the Notice of Project filed with the Ministry of Labour naming itself as “constructor” under OHSA

9.4.3 The Contractor shall indemnify and save harmless the Owner, its agents, officers, directors, employees, consultants, successors and assigns from and against the consequences of any and all safety infractions committed by the Contractor under OHSA, including the payment of legal fees and disbursements on a solicitor and client basis. Such indemnity shall apply to the extent to which the Owner is not covered by insurance, provided that the indemnity contained in this paragraph shall be limited to costs and damages resulting directly from such infractions and shall not extend to any consequential, indirect or special damages.

9.4.4 The Owner undertakes to include in its contracts with other contractors and/or in its instructions to its own forces the requirement that the other contractor or own forces, as the case may be, will comply with directions and instructions from the Contractor with respect to occupational health and safety and related matters."

3.33 GC 10.1 - TAXES AND DUTIES

3.33.1 Add the following to the end of paragraph 10.1.1:

"Any Value Added Taxes (including Harmonized Sales Tax), where applicable, shall be listed as line items separate from the total Contract Price."


"Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties at the time of the bid closing shall increase or decrease the Contract Price accordingly. For greater certainty, the Contractor shall not be entitled to any mark-up for overhead or profit on any increase in such taxes and duties."

3.33.3 Add new paragraphs 10.1.3, 10.1.4, 10.1.5, and 10.1.6, as follows:

"10.1.3 Where the Owner is entitled to an exemption or a recovery of sales taxes, customs duties, excise taxes or Value Added Taxes applicable to the Contract, the Contractor shall, at the request of the Owner or the Owner's representative, assist with the application for any exemption, recovery or refund of all such

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taxes and duties and all amounts recovered or exemptions obtained shall be for the sole benefit of the Owner. The Contractor agrees to endorse over to the Owner any cheques received from the Federal or provincial governments, or any other taxing authority, as may be required to give effect to this paragraph.

10.1.4 The Contractor shall maintain accurate records of Construction Equipment, Product and component costs reflecting the taxes, customs duties, excise taxes and Value Added Taxes paid.

10.1.5 Any refund of taxes, including, without limitation, any government sales tax, customs duty, excise tax or Value Added Tax, whether or not paid, which is found to be inapplicable or for which exemption may be obtained, is the sole and exclusive property of the Owner. The Contractor agrees to cooperate with the Owner and to obtain from all Subcontractors and Suppliers cooperation with the Owner in the application for any refund of any taxes, which cooperation shall include but not be limited to, making or concurring in the making of an application for any such refund or exemption, and providing to the Owner copies, or where required, originals of records, invoices, purchase orders and other documentation necessary to support such applications or exemptions or refunds. All such refunds shall either be paid to the Owner, or shall be a credit to the Owner against the Contract Price, in the Owner's discretion. The Contractor agrees to enable, assist with and submit to any reasonable audit requested by the Owner with respect the potential refunds under this paragraph.

10.1.6 Customs duties penalties, or any other penalty, fine or assessment levied against the Contractor, shall not be treated as a tax or customs duty for the purpose of this GC 10.1"

3.34 GC 10.2 LAWS, NOTICES, PERMITS, AND FEES

3.34.1 Add to the end of paragraph 10.2.4, the following:

"The Contractor shall notify the Chief Building Official or the registered code agency where applicable, of the readiness, substantial completion, and completion of the stages of construction set out in the Ontario Building Code. The Contractor shall be present at each site inspection by an inspector or registered code agency as applicable under the Ontario Building Code."


"10.2.6 If the Contractor fails to notify the Owner and the Consultant in writing, fails to obtain direction as required in paragraph 10.2.5, and/or performs work that it knows or ought to have known that contravenes any laws, ordinances, guidelines, standards, permits, statutes, by-laws, rules, regulations, or codes, the Contractor shall be responsible for and shall correct the violations thereof, and shall bear the costs, expenses, and damages attributable to the failure to comply with the provisions of such laws, ordinances, guidelines, standards, permits, statutes, by-laws, rules, regulations, or codes, and, notwithstanding any limitations described in paragraph 12.1.1, shall indemnify and hold harmless the Owner and the Consultant from and against any claims, demands, losses, costs, damages, actions, suits or proceedings resulting from such failure or breach of law."

3.34.3 Add a new paragraph 10.2.8 as follows:

"10.2.8 Without limiting the generality of any other provision in the Contract Documents, the Contractor shall cause all certificates to be furnished that are required or given by the appropriate governmental or quasi-governmental authorities as evidence that the Work as installed conforms with the laws and regulations of any authorities having jurisdiction over the Place of the Work, including, without limitation, certificates of compliance for the Owner’s occupancy or partial occupancy. The certificates are to be final certificates giving complete clearance of the Work, in the event that such governmental or quasi-governmental authorities furnish such certificates."

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3.35 GC 10.3 PATENT FEES

3.35.1 Amend paragraph 10.3.1 by adding the words, "indemnify and" before the words, "hold the", in the second line.

3.35.2 In paragraph 10.3.2, add the words, "by the Owner", after the words, "supplied to the Contractor"

3.36 11.1 INSURANCE

3.36.1 Delete paragraph 11.1 in its entirely and replace it with the following:

"11.1 INSURANCE

11.1.1 Without restricting the generality of paragraph 12, Indemnification, the Contractor shall provide, maintain and pay for the insurance coverages listed in this General Condition under paragraphs 11.1.2, 11.1.3,11.1.4, and 11.1.5. Insurance coverage in paragraphs 11.1.6, and 11.1.7 will only apply when so specified in the Contract Documents.

11.1.2 Commercial General Liability Insurance

.1 Commercial General Liability Insurance shall provide that the policy:

a) is in the amount of Five Million Dollars ($5,000,000), per occurrence;

b) includes the Owner (City of Toronto), its Boards, Agencies and Commissions and subsidiary operations, as applicable, and the Consultant as additional insureds with respect to liability arising out of the operation of the insured for which a contract is issued by the Owner; and,

c) has provision for a cross liability and/or severability of interest, contractual liability, Owner's and Contractor's protective liability, broad form property damage, contingent/and or employer's liability, products and completed operations, non owned automobile liability and, if applicable to the insured operations as detailed in the Contract Documents, coverage for blasting, pile driving and collapse.

.2 The Contractor shall maintain in force such policies of insurance specified by the Contract Documents at all times from the commencement of the Work until the end of any Warranty Period set out in these General Conditions of Contract or as otherwise required by the Contract Documents.

.3 The Contractor shall maintain completed operations coverage for a period of six (6) years from Substantial Performance of the Contract, unless otherwise indicated in the Contract Documents. On an annual basis the contractor shall submit to the City a renewal Certificate or a replacement policy prior to the expiration date of the existing policy without notice or demand by the City. If the Contractor fails to do so, any limitation period for claiming indemnity described in the Contract Documents will not be binding on the Owner.

.4 "Claims Made" insurance policies will not be permitted.

11.1.3 All Risk Property Insurance (Builders' Risk or Installation Floater)

.1 The Contractor shall provide, maintain and pay for a policy of all risk property insurance. The policy shall be maintained from the commencement of Work until 10 days after Substantial Performance of the Work and shall be written on a replacement cost basis on all Products, supplies and equipment and/or systems, including boiler and machinery, if applicable, that forms part of the Work. The policy may be in the form of a Builder's Risk or Installation Floater, as appropriate to the Project. The Owner shall be included as an additional insured and a joint loss payee on the Builder's Risk Insurance Policy.

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11.1.4 Automobile Liability Insurance

.1 The Contractor shall provide, maintain and pay for a policy of automobile liability insurance in respect of all licensed owned/leased vehicles that will be utilized in the performance of the Work, unless otherwise required by the Contract Documents. This policy of automobile liability insurance shall have limits of not less than Two Million Dollars ($2,000,000).

11.1.5 Contractor's Equipment Insurance

.1 The Contractor shall provide, maintain and pay for a policy of all risks Contractor’s equipment insurance covering construction machinery and equipment used and owned by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels. This policy shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. Upon agreement of the Owner, approval may be provided to the Contractor to waive the equipment insurance requirement for the purpose of this Contract.

11.1.6 Contractor's Pollution Liability Insurance

.1 Where specified in the Contract Documents, the Contractor shall provide, maintain and pay for a policy of pollution liability insurance. The policy shall have a limit of not less than Two Million Dollars ($2,000,000) per claim limit. The policy shall cover third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from the Contractor’s operations and completed operations (i.e. Work performed). The policy shall be kept in force for 24 months from the date of Substantial Performance of the Work. The Owner shall be included as an additional insured on this policy.

11.1.7 Use and Occupancy of the Work Prior to Completion

.1 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance of the Work, the Owner will give 30 days’ written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage.

.2 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Consultant may decide in consultation with the Contractor.

11.1.8 Payment for Loss or Damage

.1 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of Part 5.0. In addition the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work.

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.2 The Contractor shall be responsible for deductible amounts under the policies.

11.1.9 Insurance Requirements and Duration

.1 Unless specified otherwise, the duration of each insurance policy shall be from the date of commencement of the Work until 10 days after the date of final acceptance of the Work, as set out in the Final Acceptance Certificate.

.2 Prior to commencement of the Work and upon placement and at renewal, amendment or extension of all or any part of the insurance, the Contractor shall promptly provide the Owner with confirmation of coverage on the Owner’s certificate of insurance form or on a form acceptable to the Owner, without notice or demand by the Owner. The insurance documents shall be signed by the insurer or an authorized representative of the insurer.

.3 If the Owner receives notice of cancellation for nonpayment of the insurance premium, the Owner may, but is not obliged to, pay the premium of any policy of insurance required to be maintained herein and make a formal demand for reimbursement of such costs from the Contractor. If the Contractor fails to pay the cost of the insurance placed by the Owner within 15 days of the date on which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor.

.4 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature of the insurer or the underwriter or the broker.

.5 All insurance policies taken out by the Contractor shall be placed with insurers licensed to write business in the Province of Ontario.

.6 The insurance policies required pursuant to this clause shall be primary and shall not call into contribution any insurance available to the Owner.

.7 The amount of the deductible for the purpose of this Contract shall not be more than $25,000.00.

.8 The Contractor shall maintain such forms of insurance as the Owner, acting reasonably, may require from time to time, in amounts and for risks against which a prudent Contractor would insure."

.9 Each policy (except for the policy of automobile insurance required under section 11.1.4) shall contain an endorsement requiring the insurer(s) to notify the City of Toronto in writing, by registered mail, at least thirty (30) days, (fifteen (15) days if cancellation is due to non-payment of premium), prior to any cancellation of the Contractor’s insurance."

3.37 GC 11.2 – CONTRACT SECURITY

3.37.1 Add new paragraph 11.2.3 as follows:

“11.2.3 The premiums for the bonds required by the Contract Documents are included in the Contract Price."

3.38 GC 12.1 - INDEMNIFICATION

3.38.1 Delete paragraphs 12.1.1 through 12.1.6 and replace them with the following:

"12.1.1 The Contractor shall indemnify and hold harmless the Owner and each of the Owner's elected officials, officers, employees and agents (hereinafter referred to collectively as the “Indemnitees”) from and

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against all claims, demands, actions, suits or proceedings which may be brought against or made by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform any of its obligations under the Contract Documents.

12.1.2 The Contractor shall indemnify and hold harmless the Owner and the Indemnitees from all and every claim for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Product furnished by the Contractor under the Contract.

12.1.3.1 The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, actions, suits or proceedings ("claims") in respect to claims against the Contractor by third parties that arise out of the Contractor's direct involvement in this Contract provided such claims are directly caused by the negligent act or omission of the Owner, and then only to the extent the loss or damage was caused by the Owner.

12.1.3.2 The Owner shall indemnify and hold harmless the Contractor, its agents, officers and employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of its obligations under the Contract Documents which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work. The Contractor expressly waives the right to indemnity for claims other than those stated above.

12.1.4 The Contractor shall pay to the Indemnitees, or any of them, on demand any loss, costs, damages and expenses which may be sustained, incurred or paid by the Indemnitees, or any of them, in consequence of any such action, suit, claim, lien, execution or demand and any moneys paid or payable by the Indemnitees in settlement or in discharge or on account thereof. If the Contractor fails to make such payment, all such mentioned loss, costs, damages and expenses and all such moneys so paid or payable may be deducted from any moneys of the Contractor then remaining in the possession of the Owner on account of the Work or from moneys payable by the Owner to the Contractor on any account whatever or may be recovered from the Contractor or its Surety, as the case may be, in any court of competent jurisdiction as moneys paid at their request. The Contractor hereby authorizes and empowers the Owner or the Consultant as the case may be, or their Solicitor, for the time being, to defend, settle or compromise any of such actions, suits, claims, liens, executions or demands as the Owner or the Consultant, as the case may be, or their said Solicitor may deem expedient. The Contractor shall ratify and confirm all the acts of the Owner or the Consultant or their Solicitor in that behalf, and shall pay to such Solicitor on demand his or her reasonable costs of any such defense, settlement and/or compromise, and that in default of such payment the same may be deducted from any moneys payable by the Owner to the Contractor on any account whatever."

3.39 GC 12.2 - WAIVER OF CLAIMS

3.39.1 Amend paragraphs 12.2.1 through 12.2.10 as follows:

"GC 12.2 WAIVER OF CLAIMS

12.2.1 In the fourth line, add the words “claims for delay pursuant to GC 6.5 DELAYS, claims for an increase in the Contract Price, pursuant to GC 6.6 CLAIMS FOR A CHANGE IN THE CONTRACT PRICE” after the word “limitation”. Add the words “(collectively “Claims”)” after “Substantial Performance of the Work” in the sixth line.

12.2.1.1 Change the word “claims” to “Claims” and change the word “claim” to “Claim”.

12.2.1.2 Change the word “claims” to “Claims”.

12.2.1.3 Delete paragraph 12.2.1.3 in its entirety.

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12.2.1.4 Change the word “claims” to “Claims”.

12.2.2 Change the words “in paragraphs 12.2.1.2 and 12.2.1.3” to “in paragraph 12.2.1.2”. Change the word “claims” to “Claims” in both instances and change the word “claim” to “Claim”.

12.2.5 Delete the number "395" and substitute the number "760".

12.2.6 Change the word “claim” to “Claim” in all instances in the paragraph.

12.2.7 Change “The party” to “The Contractor". Change the word “claim” to “Claim” in all instances in the paragraph.

12.2.8 Change the word “claim” to “Claim” in all instances in the paragraph.



3.40 GC 12.3 – WARRANTY

3.40.1 Amend paragraph 12.3.1 by deleting the words, "one year", and replacing them with the words, "two years", and by adding the following at the end of the paragraph, "With respect to equipment installed at the request of the Owner, and successfully operating at its intended design capacity before completion of the work, the warranty period shall be two years from the date the equipment commenced its successful operations.

3.40.2 Amend paragraphs 12.3.3, 12.3.4, and 12.3.6 by deleting the words, "one year", and replacing them with the words, "two years".

3.40.3 Add the following clauses as 12.3.7, 12.3.8, and 12.3.9"

“12.3.7 Any Product or equipment requiring excessive servicing during the warranty period (or free maintenance period, if applicable) shall be considered defective and the warranty (or free maintenance period) shall be deemed to take effect from the time that the defect has been corrected so as to cause excessive servicing to terminate.

12.3.8 Following Substantial Performance of the Work, and without limiting the Contractor’s warranty under this GC 12.3, the Contractor shall assign to the Owner, to the extent assignable, the benefit of all warranties and guarantees relating to the Work. The assignment shall expressly reserve the right of the Contractor to make any claims under such warranties and guarantees and such assignment shall in no way prejudice any rights of or benefits accruing to the Contractor pursuant to such warranties and guarantees.

12.3.9 The provisions of the GC 12.3 – WARRANTY shall not deprive the Owner of any action, right or remedy otherwise available to the Owner for the Contractor’s failure to fulfill its obligations or responsibilities under the Contract and shall not be construed as a waiver of claims in favour of the Contractor or as a limitation on the time in which the Owner may pursue such other action, right or remedy. The warranties set out in the Contract are not supplemental to and do not limit or preclude the application of any other conditions and warranties, express or implied, by law or trade usage.”

PART 13 - OTHER PROVISIONS

3.41 Add New PART 13 As Follows:

"GC 13.1 - OWNERSHIP OF MATERIALS

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13.1.1 Unless otherwise specified, all materials existing at the Place of the Work at the time of execution of the Contract shall remain the property of the Owner. All Work and Products delivered to the Place of the Work by the Contractor shall be the property of the Owner. The Contractor shall remove all surplus or rejected materials as its property when notified in writing to do so by the Consultant.

GC 13.2 - CONSTRUCTION LIENS

13.2.1 In the event that a written notice of lien is delivered to the Owner in respect of the Project by or through a Subcontractor or Supplier, and provided the Owner has paid all amounts properly owing under the Contract, the Contractor, at its own expense and within ten (10) days, shall ensure that such written notice of lien is withdrawn in writing.

13.2.2 In the event that the Contractor fails to conform with the requirements of 13.2.1, the Owner may set off and deduct from any amount owing to the Contractor, all costs and associated expenses, including legal fees and disbursements reasonably incurred to secure a written withdrawal of the notice of lien. If there is no amount owing by the Owner to the Contractor, then the Contractor shall reimburse the Owner for all of the said costs and associated expenses.

GC 13.3 - CONTRACTOR DISCHARGE OF LIABILITIES

13.3.1 In addition to the obligations assumed by the Contractor pursuant to GC 3.7, the Contractor agrees to discharge all liabilities incurred by it for labour, materials, services, Subcontractors and Products, used or reasonably required for use in the performance of the Work, except for amounts withheld by reason of legitimate dispute and which have been identified to the party or parties, from whom payment has been withheld.

GC 13.4 – DAILY REPORTS/DAILY LOGS

13.4.1 The Contractor shall cause its supervisor or such competent person as it may delegate, to prepare a daily log or diary reporting on weather conditions, work force of the Contractor, Subcontractors, Suppliers and any other forces on site and also record the general nature of Project activities. Such log or diary shall also include any extraordinary or emergency events which may occur and also the identities of any persons who visit the site who are not part of the day-to-day work force.

13.4.2 The Contractor shall also maintain records, either at its head office or at the job site, recording manpower and material resourcing on the Project, including records which document the activities of the Contractor in connection with GC 3.5, and comparing that resourcing to the resourcing anticipated when the most recent version of the schedule was prepared pursuant to GC 3.5. The Contractor shall make these records available to the Owner and/or the Consultant for inspection, upon reasonable notice.

GC 13.5 - PUBLIC STATEMENTS

13.5.1 The Contractor shall not publish, issue or make any statements or news release, electronic or otherwise, concerning the Contract, the Work, or the Project, without the express written consent of the Owner."

GC 13.6 OWNER'S SET-OFF

13.6.1 In addition to and without limiting any other rights the Owner may have under this Contract and at law, the Owner may retain from monies owing to the Contractor under this Contract an amount sufficient to cover any outstanding or disputed liabilities including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties, undetermined claims by the Owner, and any assessment due the Workplace Safety and Insurance Board.

END OF SUPPLEMENTARY CONDITIONS

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Section 5 – Supplementary Conditions to CCDC 2-2008 Stipulated Price Contract


City of Toronto

Supplementary Conditions to CCDC 2-2008

Stipulated Price Contract

June 2014

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Section 5A – Specific Conditions of Contract Tender Call No. 227-2017 Contract No. 17ECS-MI-02DC

ECS Vertical – March 1, 2017 Page 5A-1

Table of Contents 5A-

1. Occupational Health and Safety Act .................................................................................... 3

2. Certificate of Recognition (COR™) Requirement – N/A ................................................... 9

3. Workforce Development Plan – N/A .................................................................................... 9

4. Organization of Work and Work Restrictions ...................................................................... 9

5. Pre-construction Survey and Layout .................................................................................... 9

6. Disposal of Surplus Excavated Material and Removals ................................................. 11

7. Smog Alert Response Plans ................................................................................................ 11

8. Security and Construction Sign ........................................................................................... 12

9. Material and Truck Weighing ............................................................................................... 12

10. Noise Regulations ............................................................................................................... 13

11. Liquidated Damages ........................................................................................................... 13

12. Spills Reporting ................................................................................................................... 13

13. Contract Specifications ...................................................................................................... 13

14. Commencement and Completion Dates ......................................................................... 14

13. Schedule ............................................................................................................................... 15

14. Existing Utilities ................................................................................................................... 15

17. Some Provisions in the Harmonized Sales Tax and The Non-resident Withholding

Tax ............................................................................................................................................... 16

18. Performance Evaluation Form and Infraction Reporting .............................................. 17

19. Tender Documents Drawings ............................................................................................ 17

20. Co-ordination and Progress Meetings ............................................................................. 17

21. Warranty Period (Reserved) – N/A .................................................................................. 17

22. Provisional Items ................................................................................................................. 17

23. Equivalents and Alternatives ............................................................................................. 18

24. Plant Evacuation Drill ......................................................................................................... 19

25. Subsurface Conditions ....................................................................................................... 19

26. Prohibited Products ............................................................................................................ 19

27. Night, Weekend and Holiday Work .................................................................................. 20

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28. Insurance .............................................................................................................................. 21

29. Substantial Performance .................................................................................................... 21

30. Interpretation of Documents and Addenda ..................................................................... 21

31. Payroll Burden Rate For Work On A Time And Material Basis ................................... 22

32. Reference Documentation ................................................................................................. 23

33. Other Contractors ................................................................................................................ 23

34. Amendment to CCDC-2008 and Supplementary Conditions ....................................... 23

35. Service Standards for Contractors in Responding to Third Party Claims .................. 24

36. Workplace Safety and Insurance Act ............................................................................... 25

37. Contract Documents ........................................................................................................... 25

38. Order of Precedence .......................................................................................................... 26

39. Progress Payments ............................................................................................................ 26

List of Attachments

Attachment A - Plant Wide Designated Substances Survey CD

Attachment B - Notice of Project (NOP) Form (Sample Only) CD

Attachment C - CITY of TORONTO, Safe Working Procedures CD

Attachment D - Ashbridges Bay Treatment Plant Confined Space Registry CD

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1. Occupational Health and Safety Act

1.1 Nothing in this section shall be deemed or construed as making the City the "employer" of any workers employed or engaged by the Contractor to perform the Work and/or supply services to the project, including any part thereof, or the "constructor", either instead of or jointly with the Contractor. “Employer” and “constructor” shall have the same meaning as in section 1 of the Occupational Health and Safety Act, R.S.O. 1990, Chapter O.1, as amended from time to time, including any regulations there under and successor legislation (hereinafter collectively referred to as the “OHSA”).

1.2 Unless specifically advised otherwise in writing by the Consultant or otherwise

directed by the Ministry of Labour, where the Work consists of or includes construction, the Contractor shall for the purposes of the OHSA be deemed, construed and designated as the "constructor"; see sample Attachment "B" Notice of Project (N.O.P.) for the project comprising the Work and shall,:

(a) assume all of the responsibilities of that constructor as set out in the OHSA and its regulations including, without restricting the generality of the foregoing, (i) registration as a constructor with the Director of the Construction

Health and Safety Branch in accordance with the OHSA and, in particular section 5 of Regulation 213/91 or any successor provision;

(ii) posting/compliance with any applicable notice-filing and notice-posting/availability requirements of the OHSA and, in particular section 6 of Regulation 213/91 under or any successor provision;

(b) provide the City with adequate written proof of the registration referred to in subsection (a) (i) of this section before commencing the Work; and

(c) where the notice requirements referred to in subsection (a) (ii) of this section are applicable, provide a copy of such notice to the City concurrently with the filing thereof pursuant to the OHSA.

1.3 In accordance with the OHSA, as amended, a list of designated substances found

at the project site is appended to hereto at the end of this section, Section 5A – Specific conditions of contract and forms part of this Contract.

1.4 The Contractor shall ensure that each prospective subcontractor engaged by the

Contractor for the project has received a copy of the list of designated substances that are present at the site, provided to the Contractor by the City, before each prospective subcontractor enters into a binding contract for the supply of Work on the project, and the Contractor shall perform all other obligations as the constructor under the Contract and for the project.

1.5 The Contractor shall conform to and enforce strict compliance with the OHSA

including, without restricting the generality of the foregoing, the Contractor's duties and obligations as an "employer" under section 25 and 26 thereof, and OHSA regulations with respect to construction, designated substances and asbestos. “Designated substance” and “hazardous material” shall have the same meaning as in the OHSA.

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1.6 The Contractor shall: (a) ensure that no work will commence, and that those engaged by the

Contractor are aware of and comply with the requirements of the OHSA and shall not commence work, without first reporting their arrival and intent at the Work site on the first day to the Consultant;

(b) establish and maintain at each Work site, in a manner easily available to all workers, other staff and authorized City staff, a copy of all relevant Material Safety Data Sheets (“MSDS”);

(c) deliver to the Consultant a list of all designated substances and a copy of the MSDS for each hazardous material, both as defined in the OHSA, that will be brought to the Project site and/or used in the performance of the Work, no later than Five (5) working days following execution of the Contract and at least Ten (10) working days prior to commencement of the Work;

(d) not bring onto the Work site any designated substance or hazardous material without the prior written authorization of the Consultant;

(e) strictly conform to and comply with, all applicable laws, statutes, regulations, orders, directives and rulings from any federal, provincial or municipal governmental authority pertaining to lead and any other designated substance(s) or hazardous material(s), including without limitation, the OHSA and all regulations thereunder, and also cause its subcontractors to do so;

(f) submit to the Consultant a copy of the Notice of Project issued to the Ministry of Labour;

(g) should the Contractor be issued a notice/directive as either an "order to comply" or a "stop work order", immediate corrective measures shall be taken by the Contractor. A copy of the notice/directive shall be delivered to the Consultant immediately.

(h) promptly report to the Consultant all accidents involving personal injury or property damage that occur in connection with the work; and

(i) take all steps necessary to prevent the spread of lead-containing dust/particles and any other designated substance(s) or hazardous material(s) from the Work site when performing Work involving, but not limited to, lead-containing paint, and to protect the Contractor, those engaged by the Contractor in performance of the Work, City employees and all others, including the general public, likely to be at or near the Work site.

1.7 Where the Work includes removal of asbestos, the Contractor shall:

(a) conform to and enforce strict compliance with all applicable laws, statutes, regulations, orders, directives and rulings from any federal, provincial or municipal governmental authority governing workplace safety or asbestos on construction projects and in building and repair operations with respect to the removal of asbestos, air testing and removal of barriers, including without limitation, OHSA Reg. 278/05 (Designated Substance --- Asbestos on Construction Projects and in Buildings and Repairs Operations), hereinafter referred to as the “Asbestos Regulation”, as may be amended from time to time;

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(b) ensure, through appropriate air testing and such other measures as may be appropriate and necessary, that the Work site and adjacent areas not been contaminated with asbestos during the performance of the Work; and

(c) prior to dismantling any barriers erected to contain asbestos and asbestos-containing materials, the Contractor shall provide written confirmation to the Consultant that, after conducting proper air testing and other due diligence measures, the area is safe in accordance with the requirements of the OHSA.

1.8 Asbestos

1.8.1 If, during the course of the Work, the Contractor or any of the subcontractors or suppliers engaged by the Contractor, disturb material that is believed to be asbestos containing material, separate and apart from asbestos abatement work forming part of the Contract, the Contractor shall act in strict compliance with the OHSA, including but not limited to the Asbestos Regulation, and without limiting the generality of the foregoing, shall:

(a) Stop work and evacuate the area where the asbestos containing

material is believed to have been disturbed and take all precautions or actions mandated by the OHSA and notify the City immediately;

(b) Notify the Consultant via telephone, with written notification to follow as soon as possible; and

(c) Refrain from entering the work area for any reason whatsoever until safe to do so, in accordance with the requirements of the OHSA and, prior to re-entry, notify the Consultant for approval to recommence Work.

1.8.2 The Contractor shall ensure that all employees, including the employees of any

subcontractors, are trained on the City’s asbestos management program (the “Program”) prior to the commencement of the work. The training will include the specific requirements of the Program and the record containing the City’s inventory report, including,

(a) the location of all asbestos containing material described in the record

for the work location, including drawings, plans and specifications; (b) whether the material is friable or non-friable; (c) a description of the condition of the material.

1.8.3 Prior to the commencement of the Work, the Contractor shall confirm to the City in writing that the training described in section 4.8.2 has been completed.

1.8.4 The Contractor shall ensure that all employees, including the employees of any

subcontractors, are trained on the City’s asbestos report prepared in accordance with section 10 of the Asbestos Regulation. The training shall include the specific requirements of the report including,

(a) the location of all asbestos containing material described in the record

for the work location, including drawings, plans and specifications; (b) whether the material is friable or non-friable;

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(c) a description of the condition of the material.

1.8.5 Prior to the commencement of the work, the Contractor shall confirm to the City in writing that the training described in paragraph 4.8.4 has been completed.

1.9 The Contractor shall use all reasonable and due care to avoid spilling or disturbing

any designated substance(s) or hazardous material(s) of which the City notifies the Contractor are or may be on the site; and shall not remove or interfere with any designated substance(s) or hazardous material(s) except in full compliance with the OHSA and, after notifying the Consultant, being authorized to do so by the Consultant. The Contractor shall, following discovery that any designated substance or hazardous material has been removed or interfered with other than in compliance with this subsection, forthwith report same to the Consultant and ensure that no further such non-complying removal or interference occurs.

1.10 Where the Contractor encounters designated substance(s) or hazardous

material(s) at the site or has reasonable grounds to believe that designated substance(s) or hazardous material(s) are or may be present at the site, the Contractor shall take all reasonable steps as deemed necessary to comply with the OHSA, including stopping the Work, to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to or the presence of such substance(s) or material(s), and immediately report the circumstances to the Consultant and any other appropriate authority, in writing. Where there is a delay by reason of so doing, the Contractor shall be entitled to its reasonable costs, to the extent directly incurred by reason of that delay and directly related to designated substance(s) or hazardous material(s) which existed at the site prior to the commencement of the Work which were not disclosed by the City.

1.11 Authorized representatives of the City shall, at all times, have access to the Work

site to monitor the Contractor’s compliance with the terms of the Contract. 1.12 During the course of the Work, the Contractor shall furnish forthwith to the City of

Toronto Health and Safety Manager, via the Consultant, a copy of all correspondence, reports, compliance orders or charges arising from or issued in respect to the requirements of the OHSA which are received or which come to the notice of the Contractor that apply or are relevant to any of the Work or activities conducted under the terms of the Contract.

1.13 Without limiting any other right, remedy or privilege of the City under this Contract

or otherwise provided by law, statute or in equity, where the Contractor has failed to strictly comply with the OHSA or any other health and safety duty, obligation or requirement of the Contractor, whether express or implied, the City shall have the right to:

(a) Require the Contractor to remedy such default, by the removal of any

workers from the Work that fail to comply with the OHSA (or any other health and safety plan, policy or program requirement of the Contract) or the taking of such other measures as may be necessary to remedy such default;

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(b) Suspend or Stop the Work; (c) Cancel or Terminate the Contract; and/or (d) Exercise any other right, remedy or privilege available to the City for

default or breach of this Contract available under the terms of this Contract, or may be available in law, by statute or in equity.

1.14 In the event that the City exercises the right to suspend or stop the Work or an

affected part thereof, as a result of the failure by the Contractor to strictly comply with the OHSA or any other health and safety duty, obligation or requirement of the Contractor, such Work or part thereof shall not resume until any such violation has been completely rectified to the satisfaction of the Consultant.

1.15 The Contractor shall be responsible for any delay in the progress of the Work as a

result of any violation of a health and safety requirements of any federal, provincial or municipal governmental authority, it being understood that no such delay shall be deemed or construed as an "Unavoidable Delay" for the purposes of extending the time for performance for the Work or entitling the Contractor to additional compensation whatsoever, and the Contractor shall take all necessary steps to avoid delay in the final completion of the Work without additional cost to the City. The City shall not be responsible for any compensation, expense or liability resulting from any such delay.

1.16 Nothing in this Contract shall be construed as requiring the City to monitor

or approve the workplace health and safety practices of the Contractor. The City shall not be liable to any person by reason of a breach by the Contractor or any subcontractor of any applicable health and safety standard or requirement.

1.17 Attached hereto as Attachment "D" for the Information of Tenderers is a list of

spaces that the City of Toronto has identified as “confined spaces” as defined under the regulations under the OHSA. This list of confined spaces was developed by the City of Toronto for its own internal purposes in accordance with requirements related to confined spaces under the OHSA and regulations thereunder. The City of Toronto makes no representations or warranties regarding the accuracy or completeness of this list of confined spaces. Without limiting the foregoing, the identification of confined spaces by the City of Toronto was based on certain conditions that existed at the time the assessment was conducted, which conditions may be different or may change during the course of the performance of the Work under the Contract. Notwithstanding section 1.18 hereof, the Indemnities (as defined in section 1.18 hereof) assume no liability whatsoever arising out of or in connection with this list of confined spaces or any reliance thereon, and the Contractor shall indemnify and save harmless the Releasees with respect to any claim or action against any of the Releasees resulting from or in connection with this list of confined spaces, and any costs, expenses or fines incurred by any of the Releasees (including legal costs on a substantial indemnity basis) in connection with any such claim or action. This indemnity is in addition to any other indemnity provided by the Contractor under the Contract, and shall survive the termination of the Contract. The provision of this list of confined spaces in no way limits the Contractor's obligations as employer and, where applicable, as constructor under the OHSA and regulations thereunder, in particular those obligations with respect to confined spaces. If awarded a Contract in connection with this Tender Call, the

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Contractor, at no additional cost to the City of Toronto, shall be responsible for making its own assessment as to which spaces are confined spaces at the project site, including any new confined spaces that are created from time to time as construction progresses. Without limiting the foregoing, the Contractor shall not make any claims for delays or extra costs as a result of having to perform its obligations under the OHSA and regulations thereunder with respect to confined spaces. The Contractor shall comply with all requirements of the OHSA and regulations thereunder, as amended from time to time, with respect to confined spaces, including, without limitation, the requirement to develop and maintain its own program and plan with respect to confined spaces, conducting adequate assessments of hazards related to confined spaces, adequate confined space training, implementing adequate on-site rescue procedures, and issuing the required entry permits.

The Contractor shall keep available for inspection at the project site every assessment, plan, co-ordination document, training record, entry permit, inspection record, and test record as required under the OHSA and regulations. Such documents shall be made available to designated City of Toronto staff and Consultants at the project site in the event that any City staff or Consultants wish to enter any confined spaces at the project site for inspection and quality control purposes. The Contractor shall also provide to the Consultant designated under the Contract its own list of any confined spaces it has identified at the project site before the Work begins, and shall immediately notify the Consultant in writing of any changes to this list from time to time during the course of the construction, and on completion of the project.

1.18 All Contractors forces, including sub-contractors, performing work where Hot Work

is being performed in hazardous rooms, confined spaces and locations or equipment designated by the City of Toronto as being potentially hazardous due to possible presence of flammable gasses, dust or vapours and/or if any work involves or is to be done on any fire protection system-exception- a fire detection system if it is not a part of a fire protection system (i.e. It is not used to trip a gaseous suppression or sprinkler system) are required to have successfully completed “Managing Impairments Using FM Global’s Red Tag Permit System and/or Managing Hot Work Using FM Global’s Hot Work System as applicable to the scope of work. In order to successfully complete the training a grade of 80% is required. The Contractor and Sub-contractor’s staff must be recertified every three years. The successful contractor can sign up directly by sending an e-mail to [email protected] with the name, company name and e-mail address of the person(s) requiring authorization. The contractor must enter “City of Toronto” and the location of the City facility into the sign-up window so that FM Global can track that they are a City contractor. Please note that 24 hours is required to allow for confirmation of contractor authorization.

This will be a mandatory requirement of the contract and applicable work shall only be performed by those who have successfully completed the course.

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Upon request by the City, either before commencement of the work or at any time throughout the duration of the contract, the contractor shall submit written certificates confirming that the contractor’s and sub-contractor’s staff have successfully completed the applicable training session(s). The Contractor shall also perform safe working procedures equivalent to or better as per Hot Work Permit System SWP022.04 attached hereto as Attachment "C" Safe Work Procedures.

The Constructor will be responsible for issuing the hot work permits.

2. Certificate of Recognition (COR™) Requirement – N/A 3. Workforce Development Plan – N/A

4. Organization of Work and Work Restrictions

4.1 It is the Contractor's responsibility to implement all required measures (e.g. fences,

enclosures, etc.) in order to strictly control the pedestrian traffic in the construction area and to prevent any pedestrian approaching into the areas of construction hazard, or any other dangerous area.

The Contractor shall be attentive to the needs of pedestrians that are visually or physically impaired, and the Contractor must be prepared at all times to assist in the safe and comfortable passage of these pedestrians.

5. Pre-construction Survey and Layout

5.1 All stakes, marks and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, for any reason, before the end of the Contract Time, such stakes, marks and reference points shall be replaced, to the satisfaction of the Consultant, at the Contractor’s expense.

5.2 The survey and layout shall be performed or supervised by a competent surveyor with a minimum of five years related field experience (the "Surveyor"). The Contractor shall ensure the Surveyor attends a pre-construction meeting and other meetings as requested by the Consultant.

5.3 The Contractor shall be responsible for ensuring the Surveyor prepares grade sheets and keeps proper digital records, notes and sketches of the survey and layout. A copy of the records (including but not limited to survey notes and sketches) shall be kept on site and accessible to the Consultant at any time. The grade sheets shall be submitted to the Consultant within 7 calendar days of production.

5.4 The Contractor shall maintain a set of redlined Contract Drawings ("As-Built Field Record marked on the issued for construction detailed design drawings") marked with as-built information of the Project. The As-Built Field Record and all other records produced must be incorporated in the AutoCad 2004 drawings and submitted to the City's Consultant within 60 calendar days of Substantial Performance.

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5.5 The compensation for the survey and layout shall be based on the lump sum amount for the tender item for the survey and layout identified in the Pricing Form. The lump sum amount for survey and layout shall not exceed 5% of the Total Bid Price in the Pricing Form.

5.6 Eighty percent (80%) of the lump sum amount for the survey and layout shall be paid over the duration of the Contract in proportion to the value of the works completed as a percentage of the Total Bid Price. No payment will be made until the grade sheets are received by the Consultant.

5.7 Twenty percent (20%) of the lump sum amount for the survey and layout shall be withheld and paid upon receipt and acceptance of the As-built Field Record. Should the Contractor fail to submit the As-built Field Record or if the submitted As-Built Field Record is not satisfactory to the Consultant, this withheld amount may be used by the Consultant to pay for an independent contractor to produce the As- built Field Record. If the cost to produce the As-built Field Record by the independent contractor exceeds the withheld amount, the Owner may exercise its right of set and deduct the additional cost from funds due and payable to the Contractor.

5.8 The Contractor must report to the Consultant immediately any conflict, inconsistencies, errors, omissions, and/or discrepancies found between the Contract Drawing(s) and the existing physical conditions. Immediately upon becoming aware of such conflict, inconsistencies, errors, omissions and/or discrepancies, the Contractor shall stop survey and layout work until further directed by the Consultant. The City shall not be responsible for any additional cost or time delay due to a failure of the Contractor or the Contractor's Surveyor to report in a timely manner such conflict or inconsistencies found, or due to a failure to suspend the survey and layout work pending direction from the Consultant.

5.9 The Owner may conduct quality assurance verifications of the survey and layout as it deems necessary. The Owner's quality assurance process shall not relieve the Contractor of its responsibilities and obligations under this Contract. Any deficiency, omission or error identified by the Owner in the quality assurance process will be reported to the Contractor within two Working Days. The Contractor shall verify the information provided by the Owner, and make adjustments or corrections where necessary. There shall be no additional compensation or extension of Contract Tim efor correction of the Contractor's deficiencies, omissions or errors.

5.10 Adjustments or corrections to the survey and layout required due to conflicts, inconsistencies, errors, omissions, and/or discrepancies between the Contract Drawing(s) provided by the Owner and the existing physical conditions will be compensated on a Time and Material basis. This compensation shall be limited to the cost of survey crew only.

5.11 If construction survey and layout is not identified as a tender item in the Pricing Form and it is required during construction, or if Changes in the Work result in additional or a reduction in the service, adjustments in compensation shall be made on a Time and Material basis.

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6. Disposal of Surplus Excavated Material and Removals

6.1 All surplus excavated materials, removals, grindings and all other debris, including from the removal of existing sprinkler system shall be disposed of offsite. No separate payment shall be made for the costs associated with this work.

6.2 The City of Toronto will not make arrangements for the disposal of surplus

materials or supply bills of lading.

6.3 The Contractor shall assume full ownership of the surplus excavated material and shall be solely responsible for its removal and disposal. The Contractor shall indemnify and hold harmless the City and each of its elected officials, officers, employees and agents from and against all claims, demands, actions, suits or proceeding which may arise in connection with the excavated material and the handling and disposal thereof.

6.4 Stockpiling of excavated material within the City street allowance is not permitted.

The Contractor shall dispose of all excavated material off site immediately upon removal.

7. Smog Alert Response Plans

7.1 The Contractor, when notified by the Consultant that the City’s Smog Alert

Response Plan has been implemented, shall, where applicable: suspend use of oil based products except for roadway line painting required to

address safety concerns or to reduce traffic congestion; suspend all pesticide spraying; suspend grass cutting operations; not allow refueling during daytime hours; reduce equipment and vehicle idling as much as practical; curtail the use of two-stroke engines as much as practical; suspend normal street sweeping of all roadways during daytime hours except

where there is an urgent need for clean-up, i.e. following a special event such as Caribana;

suspend the operation of loop cutting tar pots; and suspend any non-essential planned traffic control device installation or modification

work which will require lane closures or require complete deactivation of the traffic control device. Work that is required to address safety concerns or to reduce traffic congestion may continue.

7.2 Asphalt paving operations using SS-1 tack coat (water based) may continue.

7.3 A Smog Alert may be preceded by a Smog Watch. A Smog Watch is issued when there is a 50 percent chance that a smog day is coming within the next three (3) days. The Contractor shall not be entitled to any additional payment or extension of Contract Time due to the implementation of the Smog Alert Response Plans.

7.4 Notwithstanding the above, if it is necessary and the Consultant ordered the suspension of paving operations, payment and/or extension of the Contract for the suspension of asphalt paving operations shall only be made if notification by the

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Executive Director or General Manager to suspend work is made in less than four hours prior to starting of such operations, and if such suspension has detrimentally impacted on the Contractor's work schedule. The Contractor shall provide supporting documentation identifying the impact and associated fair and reasonable costs in accordance with the General Conditions of Contract section 2.4.16 and Supplementary to GC 3.24 Records and any delay in accordance with Conditions of Contract section 6.5.6 and Supplementary to GC 3.6.2.

. 7.5 Payment for this work, at actual costs incurred, shall be made under the

appropriate provisional item(s) identified in the Pricing Form and in accordance with the General Conditions of Contract section 6.2.3 and 6.2.4 and Supplementary to GC 3.24.1 Payment on a Time and Material Basis with the exception of any mark ups.

8. Security and Construction Sign

8.1 The Contractor shall be responsible for the security of the Work of this Contract from the time the Place of work is turned over to him until all Work has been completed.

8.2 The Contractor shall take all necessary precautions to ensure that the construction site does not pose a hazard to the public for the duration of the project. Appropriate safety and warning signs must be posted. All such site security measures shall be removed from the site at the completion of the project. 8.3 The Contractor shall supply an Emergency Call Sign that shall be posted in a prominent area. The sign shall conform to City's standard drawing T-216.02-24

9. Material and Truck Weighing

9.1 The City reserves the right to randomly verify the quantity of materials supplied in connection with this Contract. Prior to unloading of materials that are priced on a unit weight basis (“unit weight materials”), the weight tickets must be provided to the Consultant (or in his/her absence, the City’s inspector). Material weight tickets that are not provided to the Consultant or the City’s inspector prior to unloading will not be accepted later for payment.

9.2 When directed by the Consultant, trucks carrying unit weight materials shall

proceed immediately to a City’s weighing facility as specified by the Consultant. After passing through the City’s weight scale and unloading the materials, the empty truck shall return to the same facility to verify the vehicle tare if so directed by the Consultant.

9.3 Should the weight verification show that the verified weight of the material is less than what is shown on the Contractor’s weight ticket by more than 1.0%, the payment for the affected load shall be made based on the weight measured by the City’s weighing facility.

9.4 Consultant will also adjust the method of measurement for all following loads that

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are not weight-verified but have been delivered to the site before a new weight verification process can prove the Contractor had rectified the weight inconsistency. The weight of the following loads will be adjusted based on an adjustment factor determined from the most recently weight-verified load.

10. Noise Regulations

10.1 The Contractor shall comply with all City noise bylaws. In addition, the Contractor shall ensure the following:

Equipment shall be maintained in an operating condition that prevents unnecessary noise, including but not limited to proper muffler systems, properly secured components and the lubrication of all moving parts; and

Idling of equipment shall be restricted to the minimum necessary for the proper performance of the specified work.

Where necessary, place noise attenuation devices (barriers) around Contractor’s construction equipment.

11. Liquidated Damages

11.1 In accordance with Supplementary conditions to CCDC2-2008, clause 3.26.2,

subparagraph 6.5.9, the liquidated damages for delay that the contractor shall pay to the City is the sum of $1300 (One Thousand Three Hundred dollars) per day for each and every calendar day.

12. Spills Reporting

12.1 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 Consultant. Spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1990, c. E.19, as may be amended. 12.2 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. 12.3 This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges.

13. Contract Specifications

13.1 All work on this project is to be completed in accordance with the specifications set out in the contract documents and drawings.

13.2 Any other required work, for which no specifications are contained herein, shall

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conform to the City of Toronto Standard Construction Specifications and Drawings for Roads, the City of Toronto Standard Construction Specifications and Drawings for Sewers and Water Mains, the Ontario Provincial Standard Specifications and the Ontario Provincial Standard Drawings.

13.3 Where there are conflicting statements between any of the City of Toronto and the

Ontario Provincial specifications and drawings, the City of Toronto specifications and drawings shall govern.

13.4 The City of Toronto and Ontario Provincial specifications and drawings are not

included with the contract documents but will form part of the Contract and shall be considered as such by every Contractor and sub-contractor bidding the work.

13.5 It shall be the Contractor’s responsibility to familiarize himself with these

specifications and drawings and to keep a current copy on-site at all times. 13.6 The City's Standard Construction Specifications may be viewed on the City of

Toronto website at www.toronto.ca/ecs-standards . 14. Commencement and Completion Dates

14.1 The Contractor shall begin Work under the Contract on a date to be specified in a written order by the City of Toronto acting through its Executive Director of Engineering & Construction Services.(the "Order to Commence").

14.2 A continuous and progressive operation shall be carried out until the work is

completed. 14.3 The date of the Order to Commence work will be determined by the Executive

Director of Engineering & Construction Services but in no circumstances will the Order to Commence be issued until the Contract has been executed by the Contractor and the specified bonding and insurance documentation has been submitted and verified to be in a form satisfactory to the City Solicitor

14.4 The whole of the Work comprising the Contract, including all site restorations, clean

up and rectification of all deficiencies shall be completed within the time stated in the Tender Call.

14.5 The Contractor shall, if necessary to complete the Work within the time stated and

after the written permission of the Executive Director of Engineering & Construction Services has been obtained, work nights, Saturdays and holidays without changes in the Lump Sum Tender Price.

14.6 The Contractor shall submit a detailed construction schedule to the City for review

prior to any payments being made in accordance with Item 19 – Section 5A and shall by every means carry out the construction schedule to this end.

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13. Schedule

15.1 In addition to the provisions of CCDC-2 Stipulated Price Contract section 3.5 as amended by the Supplementary Conditions of Contract, the following terms apply.

15.2 If there is an enclosed work schedule form contained in the Form of Tender, it shall

be completed and submitted as part of the Tender Submission Package. 15.3 Prior to applying for any payment, the Contractor shall submit, for the approval of

the Executive Director, a detailed construction schedule based on his Tender. The construction schedule shall be reviewed and approved by the Executive Director prior to any payments being made.

15.4 In the preparation of his schedule, the Contractor shall focus on the necessity of completing Work in the specified time with the least impact on the community and or City operations.

15.5 The Contractor shall provide the Consultant with updated/revised construction

schedules with each monthly application for payment for the duration of the Contract. Updated/revised schedules shall include, in addition to the above requirements, the following:

a) The schedule shall show the starting and completion dates of each section of

the Work;

b) The schedule must include all activities of the Owner, the Consultant, or any other restrictions indicated in the Contract that are necessary for the Contractor to maintain orderly progress of the work in accordance with the Contract;

c) The schedule shall indicate all known impacts on the construction and what actions are being taken by the Contractor in order to ensure that the work will be brought back on schedule;

14. Existing Utilities

16.1 It shall be the Contractor's responsibility to contact the local utility authorities to determine the exact locations of various utilities and arrange for the appropriate protection within the Contract limits.

16.2 The Contractor shall provide the Executive Director with a copy of the stakeout

sheets supplied by the utility locators, prior to construction.

16.3 The attention of the Contractor is drawn to the presence of utility pole lines, close proximity of the overhead wires, buried gas mains, buried Bell conduit structure, buried/overhead cable TV and other buried utilities or services as may exist adjacent to and/or in the Place of the Work.

16.4 Before excavating across or along any utility or service, the Contractor shall

determine its exact location and elevation. The utility or service shall be exposed by

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hand excavation and shall be adequately supported and/or protected before proceeding with machine excavation. All cost for fulfilling these requirements shall be included in the appropriate tender items and no separate payment will be made. The Contractor is fully responsible for the protection of all utilities and services within the Contract limits.

16.5 It should be noted that compaction of backfill below any services or utilities will not

be accepted in lieu of proper support as per City of Toronto Standards. 16.6 An attempt has been made to indicate the utilities on the drawings; however, the

accuracy or completeness of this information is not guaranteed nor shall the Executive Director be liable for the incorrectness or inadequacy thereof.

16.7 If a utility or service, either underground or surface, interferes with construction, the

Contractor shall move to another appropriate location until the problem is resolved. If there is no suitable alternate location, the Contractor may cease operations temporarily. The City will not accept any claims for damages or for any costs arising from such a delay.

17. Some Provisions in the Harmonized Sales Tax and The Non-resident

Withholding Tax

17.1 In the preparation of this Tender, Bidders should be fully acquainted with all relevant tax statutes, regulations and amendments thereto, specifically those conditions applicable to the City of Toronto, the provisions of which may exempt from taxes certain materials and services purchased or supplied by the Bidder for the City of Toronto and incorporated into the Work.

17.2 Without limiting the foregoing, Bidder shall also be fully acquainted with

Harmonized Sales Tax legislation and regulations as amended from time to time.

17.3 Bidders are advised that claims arising from disputes with the City are subject to the foregoing conditions in respect to Harmonized Sales Tax.

17.4 The City does NOT in any way authorize contractors or sub-contractors to

purchase material at the source on a tax-exempt basis.

17.5 The Contractor shall segregate HST as a separate item on any progress billings for payment.

17.6 In the event of a change, appropriate adjustments will be made prior to the

issuance of the final payment certificate to ensure that the proper amount of tax is paid or the maximum refund is secured for the City of Toronto whichever the case may be. Contractor's mark-ups will not be allowed in the event of processing an applicable tax adjustment.

17.7 All goods to be furnished under this Contract with the exception of spare parts and

any other supply of movable equipment (Tangible Personal Property) will become part of real property.

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17.8 In the event of a change in the application of any tax, the Contractor shall co-operate with The City of Toronto to ensure that the proper amount of tax is paid or the maximum refund is secured for this municipality whichever the case may be. Contractor's mark-ups will not be allowed in the event of processing an applicable tax adjustment.

17.9 Harmonized Sale Tax (HST) is to be applied to the prices submitted as specified in

the relevant sections of the call document or in the Price Schedule provided in the call.

17.10 HST for the supply and delivery of materials/goods is to be shown as additional/separate line items on the Price Schedule and any subsequent invoices.

17.11 For bidders from outside Canada to deliver services in Canada, a 15% non-resident

withholding tax, under Regulation 105 of the Income Tax Act, will be deducted from the service fees for the services rendered in Canada, unless bidders obtain a waiver letter from the Canada Revenue Agency. The waiver application form can be downloaded from this web-link: www.cra-arc.gc.ca/E/pbg/tf/r105/r105-fill-08e.pdf.

18. Performance Evaluation Form and Infraction Reporting

18.1 The Contractor's performance will be monitored and evaluated as necessary. Unsatisfactory performance, including failure to rectify defective works as requested by the Consultant throughout the Contract (including Warranty Period), may lead to the Contractor not being awarded for future City contracts.

19. Tender Documents Drawings

19.1 Figured dimensions on the drawings shall govern in all cases. Under no circumstances shall the Contractor scale dimensions from the drawings for use in any aspect of the work. Should the Contractor find any error or omission with regards to dimensions, he shall contact the Consultant for instructions before proceeding.

20. Co-ordination and Progress Meetings

20.1 The Contractor shall attend regular meetings with the City of Toronto, Utility Companies such as Toronto Hydro, Toronto Transit Commission, and others as may be required by the Consultant to co-ordinate services affected by the Contract and to monitor on-going administration and progress of the contract.

21. Warranty Period (Reserved) – N/A 22. Provisional Items

22.1 Several Tender items for this Contract may have been identified in the Tender call and Contract Documents as Provisional Items. The Consultant may cancel Provisional Items at any time during the Contract.

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22.2 The Contractor shall have no claim for loss of overhead or profit should the Consultant decide to delete any or all Provisional Item(s)

23. Equivalents and Alternatives

23.1 Definitions

In this section:

"First-Named Supplier" and "First-Named Product" mean, respectively, a Supplier and Product upon which the quality and design of the Work has been based, as specified in the Contract Documents.

"Equivalent" means a Supplier or Product that is listed after the First-Named Supplier or equipment or material or product in the Contract Documents.

"Alternative" means a Supplier or Product proposed by the Contractor, or an alternate method of undertaking the Work proposed by the Contractor, that is not listed or specified in the Contract Documents.

23.2 First Named Supplier or Product

The Contractor shall only use First-Named Suppliers and First-Named Products, or Equivalents, unless an Alternative is approved by the City.

23.3 Use of Equivalent

The Contractor may use an Equivalent named in the Contract Documents and shall include the supply and installation of such Equivalent and all Product and labour necessary to complete the Work at no additional cost to the City, whether or not the use of such Equivalent affects the design or manner of completion of the Work.

23.4 Use of Alternative

The Contractor may propose the use of an Alternative to the City for consideration following the issuance of an Order to Commence Work. The submission of a proposal for an Alternative may include alternate Subcontractor(s), through whom the Alternative is being offered, other than those named under the Subcontractor listing in the Tender Submission Package.

All Alternative proposals must be supported by sufficient technical documentation to permit a proper analysis and evaluation of the proposed Alternative by the City. In order to be considered, any Alternative proposal must provide price savings, quality improvement(s), operational savings, schedule benefit(s), or a combination thereof. The Alternative proposal must include a detailed point by point comparison listing differences between the proposed Alternative and the First-Named Supplier or First-Named Product.

Supporting documentation in the proposal must be clear, specific and sufficiently detailed to ensure that there is no ambiguity about what is being proposed, including any effect the proposal may have on the completed Work. Proposed Alternatives which, in the opinion of the City, are not accompanied by adequate

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supporting documentation, or are submitted with insufficient time for a proper review, will not be considered.

The cost of a review by the Consultant of a proposed Alternative will be entirely at the cost of the Contractor and will be credited to the City against the Contract Price.

23.5 The City shall have the right, in its sole and absolute discretion, to accept or reject any proposed Alternative, including any proposed Subcontractor.

24. Plant Evacuation Drill

24.1 City staff will organize a drill to evacuate an area or the entire Plant as an exercise in case of emergency. All contractors will be informed of the exercise a minimum of one week in advance by the Chief Engineer and Executive Director of Engineering & Construction Services. The Contractor, and any sub-contractors present at the Plant during the drill, must participate in the exercise. It is anticipated that one drill will be organised per year, lasting approximately one hour. The contractor shall allow for the cost of this exercise in the Lump Sum Tender Price and no separate payment shall be made.

25. Subsurface Conditions

25.1 The Contractor shall promptly notify the Consultant, in writing, if, in his opinion, the subsurface conditions of the Place of Work differ materially from those indicated by available information or a reasonable inference of probable conditions based thereon.

26. Prohibited Products

26.1 Hazardous products and materials containing any one of the Class A1 carcinogen substances listed below, as indicated in their appropriate Material Safety Data Sheets, are prohibited from any City of Toronto property or work site. The contractor shall, therefore, find and use alternative products.

26.2 These substances are known cancer causing agents in humans and are termed

Class A1 carcinogens according to the latest version of the American Conference of Governmental Industrial Hygienists (ACGIH). Note that there are three Proposed Class A1 carcinogens listed at the end.

Class A1 Carcinogens (IUPAC name) CAS number

4 – Aminodiphenyl 92-67-1 Arsenic, elemental & inorganic 7440-38-2 Asbestos – amosite 12172-73-5 Asbestos – chrysotile 12001-29-5 Asbestos- crocidolite 12001-28-4 Asbestos- other forms N/A Benzene (skin) 71-43-2 Benzidine (skin) 92-87-5

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Beryllium and compounds 7440-41-7 Bis(Chloromethyl)ether 542-88-1 Chromite ore processing (Chromate),as Cr N/A Chromium (VI), water soluble compounds N/A Chromium (VI), insoluble compounds N/A Coal tar pitch volatiles 65996-93-2 j-Napthylamine 91-59-8 Nickel sulphite, fume and dust N/A Uranium (natural), soluble & insoluble 7440-61-1 Vinyl chloride (monomer) 75-01-4 Wood dust (certain hard woods as beech and oak) N/A Zinc chromates 13530-65-9,11103-86-9,37300-23-5

Proposed Class A1 Carcinogens (IUPAC name) CAS number

Nickel, insoluble compounds N/A Nickel sulphide 12035-72-2 Oil mist, mineral, containing sum total of 15 N/A

Polynuclear aromatic hydrocarbons (PAHs) Listed as carcinogens by the U.S. National Toxicology Program (NTP).

26.3 Contractors using beech and oak should use power tools only when necessary and

only when wearing proper respiratory equipment to protect from wood dust. 27. Night, Weekend and Holiday Work

27.1 Provided that the Contractor is advised by the Executive Director of Engineering & Construction Services that night, weekend or holiday Work may be required in the Contract, the Executive Director of Engineering & Construction Services may, where he deems it necessary to speed up the work or deems it necessary or expedient in order to preserve and maintain in traffic over or on any street or road, or to restore utility service, order any work to be carried out in whole or in part at night or on a two or three shift basis, or on weekend or holidays, and the Contractor shall have no claim for extra compensation in respect thereof.

27.2 Except in the case of an emergency, no work shall be undertaken at night or on

Sundays without the consent in writing of the Executive Director of Engineering & Construction Services.

27.3 The Contractor shall, as far as possible, refrain from work on days which are legal

holidays in the City of Toronto, and if he desires to work on any such holiday, he shall notify the Executive Director of Engineering & Construction Services in writing at least four (4) days in advance of such holiday of his intention to work, stating the areas where the Work will be conducted.

27.4 If the Contractor fails to give such notice and obtain consent in advance of any

holiday, such failure shall be considered as an indication that no Work requiring the presence of an authorized representative is to be done by the Contractor on such a holiday.

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28. Insurance

This clause is supplementary to 3.36 (paragraph 11.1 Insurance) of the Supplementary Conditions in Section 5.

The limit of Commercial Liability Insurance is $5,000,000 as specified in paragraph 11.1.2

The limit of Automobile Liability Insurance is $2,000,000 as specified in paragraph 11.1.5

Contractor's Pollution Insurance is $2,000,000 as specified in paragraph 11.1.6. 29. Substantial Performance

29.1 The Contractor shall note that, according to the Construction Lien Act, a contract is not substantially performed until the improvement to be made under the contract is ready for use, or being used, for the purpose intended.

The improvement to be made under this contract will not be deemed to be ready for

use until provisions of supplement conditions 3.20.2 plus completion of all employee training and successful testing and commissioning of piping, equipment, devices and all automatic operation systems applicable to the project as defined in the specifications.

29.2 Substantial Performance – Shall be considered when the reservoir is placed back in

full operational service such that any outstanding deficiencies or uncompleted work will not require further process shutdown in order to be rectified or completed and the improvement under the contract is ready for use or is being used for the purpose intended. This shall be inclusive of:

- Disinfection - Employee training - Contractor's O&M manuals and record drawings have been submitted,

reviewed and accepted. - All new equipment, devices and automatic operation systems been successfully tested and commissioned in accordance with the contract specifications - All Waterproofing, Backfilling and Sodding fully completed.

30. Interpretation of Documents and Addenda

30.1 Should any person contemplating submitting a tender find discrepancies or omissions in the Drawings, Specifications, or other part of the Contract Documents, or should he be in doubt as to their true meaning, clarification may be obtained by writing to the Buyer referenced on the Tender Call Cover Page.

30.2 Such clarification and interpretation will be issued by Addenda distributed to

recipient of the Contract Documents. All addenda issued during the time of tendering shall be taken into account in preparing the tender. Oral instructions are invalid, unless confirmed in writing.

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31. Payroll Burden Rate For Work On A Time And Material Basis

Standard Rate (40%)

31.1 The Owner will pay the Contractor’s Payroll Burden at a standard 40% of the wages and salary portion of the Cost of Labour for change in the work in the Contract that is carried out on a Time and Material basis.

Option for Contractor’s Actual Payroll Burden Rate

31.2 Alternatively, the Owner will consider paying at the Contractor’s actual payroll burden rate. To be considered for this option, the Contractor MUST submit their actual payroll burden rate on the Owner’s prescribed Contractor’s Payroll Burden Form ("Form") prior to the commencement of any work on a Time and Material basis, preferably at the pre-construction meeting.

31.3 The Form is available from the Consultant upon request and it shall be completed, certified and signed by the Contractor’s external auditor. The Payroll Burden rate shall be calculated from the total expenditures of wages, salaries and benefits for all of the Contractor's employees paid during the previous 12 month calendar year (i.e. January 1st to December 31st). All permitted expenses in relation to labour costs are included on the prescribed Form.

31.4 If accepted, the submitted Form shall be effective until January 31st of the following year and the payroll burden rate will apply to all Time and Material works carried out within the effective period of the Form. If the Contractor fails to submit a signed Form before the commencement of any work on a Time and Material basis, or if the submitted Form is not acceptable to the Owner, the Owner will apply the 40% standard payroll burden rate for all works that are carried out on a Time and Material basis under this Contract until a Form is submitted by the Contractor and accepted by the Owner.

31.5 During the Contract period, the Contractor must submit an updated Form by January 31st of a new calendar year. If accepted, the updated Form shall be effective until January 31st of the following year. If the Contractor failed to submit an updated Form or the submitted Form is not accepable, the Owner will apply the standard 40% payroll burden rate to all Time and Material works carried out under this Contract until an updated Form is submitted by the Contractor and accepted by the Owner.

31.6 The Owner reserves the right to terminate the application of the Contractor’s actual payroll burden rate and apply the standard 40% payroll burden rate if the Form is found to be not accurately completed after its acceptance.

31.7 Contractor’s labour rates used in the work based on a Time and Material basis are subject to verification by the City of Toronto’s Fair Wage Office.

31.8 All information in relation to Contractor’s Payroll Burden may be audited at the Owner’s discretion. The Contractor agrees to keep complete and accurate books, payrolls, accounts and employment records and make the records available for

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audit by the Owner upon request. The Owner reserves the right to recover any overpayment to the Contractor affected by the audit.

32. Reference Documentation

32.1 All index and reference numbers in the Tender Submission Package, Plans and/or Specifications, or Index are given for the convenience of the Contractor and as such must be taken only as a general guide to the items referred to. It must not be assumed that such numbering is the only reference to each item, but the Contract as a whole must be fully read in detail for each item.

32.2 The address of the office of the Project Engineer:

The City of Toronto, Engineering & Construction Services Metro Hall, 7th Floor 55 John Street, Toronto, ON M5V 3C6

33. Other Contractors 33.1 The Contractor is advised that existing utility relocation and other work, survey,

testing, sampling and quality control estimates may take place within the construction limits prior to and possibly during the work to facilitate the new construction. The Contractor shall co-ordinate his activities with those of any particular utility, testing companies, City crew and other contractor working within the project construction limits at a particular work location in order that all work can take place expeditiously and without conflict.

34. Amendment to CCDC-2008 and Supplementary Conditions

34.1 Article A-1 of the Agreement between Owner and Contractor in the CCDC2-2008 Stipulated Price Contract is amended as follows:

a) Subclause 1.2 is amended by deleting ", and" and inserting "." after words Contract Documents; and,

b) Subclause 1.3 is deleted in its entirety.

34.2 The definition of "Contract Time" in the Agreement between Owner and Contractor in the CCDC2-2008 Stipulated Price Contract is deleted and replaced with:

"The Contract Time is the number of weeks stipulated as being required for completion of the Work in the Tender Submission Package."

34.3 Supplementary Conditions of Contract section 1.1.1 is amended by adding "Tender Submission Package for the Contract" to the list of Contract Documents.

34.4 Supplementary Conditions of Contract section 3.1.1 is amended by adding the words "any addenda to the Tender Submission Package for the Contract" and

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"Tender Submission Package for the Contract" before the words "Any amendment to the Agreement between the Owner and the Contractor" in the list of documents.

35. Service Standards for Contractors in Responding to Third Party Claims

35.1 Without limiting the obligations of the Contractor under section 2, the Contractor, or the Contractor's insurer, shall:

a) respond to all third party claimants in a timely manner, b) ensure that third party claimants are provided with accurate information about the status of their claim, and c) where appropriate, notify third party claimants of the relevant activity on

their claims and provide them with information.

35.2. (1) If the Contractor receives notice of a third party claim from a claimant relating to or arising out of the Contract, the Contractor shall immediately forward the notice of claim to the City Clerk's office at [email protected].

(2) Once the Contractor receives notice of a third party claim from the City's

adjuster, relating to or arising out of the Contract, the Contractor, or the Contractor's insurer, shall:

(a) within 5 Working Days of receiving notice of the claim, send a letter to the

claimant acknowledging receipt of the claim and provide the claimant with the contact information of the Contractor's Superintendent, or another person representing the Contractor, to whom the claimant can refer questions regarding the claim.

(b) conduct an investigation of the claim and make a decision regarding the

claim that is based on a proper consideration of the facts.

(c) within 25 Working Days of receiving notice of the claim, provide the claimant with a letter advising of the results of the investigation and clearly explaining the Contractor's decision regarding the claim or should the contractor require the involvement of their insurance company to resolve the claim, this shall be forwarded to the insurance company and the claimant notified within the allotted time above.

An extension of time for responding to the claimant may be provided in writing by the Consultant, if the Contractor or the Contractor's insurer, in writing, provides the Consultant with a request for an extension as well as the reasons for the extension. In considering whether to provide an extension under this section, the Consultant shall consider the Contractor's, or the Contractor's insurer's, reasons for the request and all of the surrounding circumstances including good customer service standards. Once the contractor forwards the claim to their respective insurer, the resolution of the claim shall follow the insurance industry standards for claim investigation.

(3) If an extension of time is provided under subs. 2(2), the Contractor, or the

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Contractor's insurer, shall write to the claimant advising that the investigation is on-going, advise of the date by which the Contractor or its insurer will report the results of the investigation to the claimant, and explain the reasons why additional time is required to make a decision on the claim.

(4) A copy of all letters sent to the claimant by or on behalf of the Contractor,

including letters sent by the Contractor's insurer, pursuant to this section shall be copied to the Consultant, and the City's adjuster.

35.3. (1) If the Contractor fails to meet any of its obligations under section 1 or 2, the City shall provide the Contractor with notice that these obligations must be fulfilled.

(2) If the Contractor does not meet its obligations under section 1 or 2 within 5

Working Days from receipt of the notice provided to the Contractor pursuant to subs. 3(1), the City may hold back an amount of $10,000.00 from monies payable to the Contractor under this Agreement.

(3) Subject to its right to exercise any other right of hold back or set-off, including the City's rights under [vertical GCs: Supplementary GC 13.6.1], the City will release the monies held back pursuant to subs. 3(2) once it has received evidence that the Contractor has sent the claimant a letter(s) in accordance with subsections 2(2)(a) and (c).

35.4. Where appropriate, the Contractor shall ensure its insurer takes all of the

appropriate steps to meet the obligations under sections 1 to 3, failing which the Contractor shall be responsible for undertaking these obligations itself.

35.5. The Contractor shall provide to the City monthly updates on the status of all third

party claims received until claim resolution. 36. Workplace Safety and Insurance Act

36.1 Before commencing Work the Contractor shall provide the City with a valid clearance certificate from the Workplace Safety & Insurance Board (WSIB), and shall continue to provide valid clearance certificates from the WSIB for the duration of the Contract. Prior to produce a the release of final monies owing by the City of Toronto, the Contractor will be required to certificate issued by the Board to the effect that she/he and her/his subcontractors have paid in full their assessment based on a true statement of the amount of payrolls. If such a certificate cannot be provided because the Contractor is considered by WSIB to be an independent operator without coverage, a letter to this effect from the WSIB shall be provided by the Contractor.

37. Contract Documents 37.1 Supplementary Condition 1.1.1 is deleted and replaced with: 1.1.1 Amend paragraph 3.1 by adding the following after the words, "The General Conditions of the Stipulated Price Contract": - These Supplementary Conditions -The Specific Conditions, if any

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-Drawings -Specifications -any addenda to the tender call for the Contract - the tender call for the Contract 38. Order of Precedence 38.1 Supplementary Condition 3.1.1 is deleted and replaced with: 3.1.1 Delete paragraph 1.1.7.1 in its entirety and replace it with new paragraph 1.1.7.1:

"1.1.7.1 If there is a conflict within the Contract Documents, the order of priority of documents, from highest to lowest, shall be: any addenda to the tender call for the Contract, the tender call for the Contract any amendment to the Agreement between the Owner and the Contractor, the Agreement between the Owner and the Contractor, as amended by these Supplementary Conditions and any Specific Conditions the Definitions, Specific Conditions Supplementary Conditions, the General Conditions, the Drawings, Division 1 of the Specifications, Technical Specifications, material and finishing schedules."

39. Progress Payments

39.1 In addition to the conditions outlined in Section 3.19 of the Supplementary Conditions, the following shall apply:

a) The Contractor shall, within 21 days of the signing of the Contract, and prior to the

first claim for monthly payment, submit to the Engineer a detailed breakdown of the Lump Sum Tender Price for the purpose of establishing monthly payments.

b) The Engineer reserves the right to modify costs allocated to the various breakdown

items to prevent unbalancing.

c) Payment for mobilising and setting up plant, temporary building and services, premiums and other disbursements, shall be prorated over the life of the Contract.

d) Payment for Bonds and Insurance will be paid 100 per cent in the first claim for

monthly payment, provided that respective invoices are submitted as proof of payment.

e) An 'as-built' item shall be identified on the cost breakdown with a corresponding fair

and reasonable value for the purpose of ensuring that the as-built information drawings are given due diligence.

f) When invoicing, the contractor shall show separately the following items: the cost

of work performed; the total applicable H.S.T. amount; and the total amount claimed. In addition, a detailed description of as-built information/drawings performed for that month shall accompany the invoice.

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Section 6 – Contract Execution Package Tender Call No. 227-2017 Contract No. 17ECS-MI-02DC


Note:

Bidders are not required to complete the following listed documents as part of the Bid Submissions.

The Successful Bidder shall complete these documents upon notification by the City.

CCDC 2-2008 Stipulated Price Contract

CCDC 221-2002 Performance Bond

CCDC 222-2002 Labour & Material Payment Bond (Trustee Form)

WSIB & Tax Statutory Declaration

Insurance Certificate

Supplementary Statutory Declaration for OHSA

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Section 6 – Contract Execution Package CCDC 2-2008 Stipulated Price Contract



CCDC 2-2008 Stipulated Price Contract

CCDC 2 is published by the Canadian Construction Document Committee ("CCDC")

and is available for purchase at

www.ccdc.org/document/ccdc2

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Section 6 – Contract Execution Package CCDC 221-2002 Performance Bond



CCDC 221-2002 Performance Bond

CCDC 221 is published by the Canadian Construction Document Committee ("CCDC") and is available for purchase at

www.ccdc.org/document/ccdc-221

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Section 6 – Contract Execution Package CCDC 222-2002 Labour & Material Payment Bond (Trustee Form)



CCDC 222-2002 Labour & Material Payment Bond (Trustee Form)

CCDC 222 is published by the Canadian Construction Document Committee ("CCDC") and is available for purchase at

www.ccdc.org/document/ccdc-222

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Section 6 – Contract Execution Package WSIB & Tax Statutory Declaration Form



CANADA, ) IN THE MATTER OF the annexed Agreement PROVINCE OF ONTARIO, ) made between JUDICIAL DISTRICT OF YORK ) ) XXXXXXXXXXXXXXXXXXXX ) ) – and – ) ) CITY OF TORONTO ) ) this day of , 20 . ) with respect to ) I, , of the CITY / TOWN / VILLAGE of in the Province of , do solemnly declare as follows: 1. I am of (If an incorporated Company, state" President", (Company Name) “Secretary”, or as the case may be) referred to above (hereinafter called “the Contractor”), and as such have knowledge of

the matters hereinafter declared to. 2. The Contractor has paid all assessment or compensation payable to the Workplace

Safety and Insurance Board as provided for in the article of the General Conditions entitled “Certification and Payment”, attached to the said Agreement.

3. The Contractor has paid all taxes and/or penalties imposed on it by the Corporation Tax

Act, R.S.O. 1990, c. C.40, as may be amended. AND I MAKE this solemn Declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath. DECLARED before me at } } the of } } in the City of Toronto } } this day } Signing Officer of Company } of 20 }

A Commissioner, etc.

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Section 6 – Tender Submission Package Supplementary Statutory Declaration Form for Occupational Health and Safety Act


March 2009 Page 6-18

DOMINION OF CANADA } IN THE MATTER of a proposed Contract for } PROVINCE OF ONTARIO } } JUDICIAL DISTRICT } } OF YORK; } } TO WIT: } Contract No. 17ECS-MI-02DC

as hereinbefore described on the first page of the Tender.

I/we

of the city / town / village of

in the province of do solemnly declare as follows:

IF AN INDIVIDUAL STRIKE OUT "OF"

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

the Contractor herein.

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

I am the Contractor herein contracted to carry out the work under Contract No. and I carry on business at

under the name of

and (State Firm Name)

there is no other person associated with me in partnership.

IF A PARTNERSHIP, USE THIS PARAGRAPH

We are the Contractors contracted to carry out the work under Contract No. and we carry on business at in partnership, under the name of

And (State Firm Name)

we are the only members of such partnership.

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Section 6 – Tender Submission Package Supplementary Statutory Declaration Form for Occupational Health and Safety Act


March 2009 Page 6-19

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

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

a) have conducted training for all personnel to be involved in providing such goods and services as required by the OHSA and all regulations thereunder, including those with respect to the workplace hazardous materials information system, industrial establishments, construction projects and designated substances.

b) have put into effect all programmes relating to designated substances as required by the regulations under the OHSA.

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

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

SEVERALLY DECLARED before me at the }

} of in } the Province of Ontario } } this day } Signing Officer of Company } of 20 } A Commissioner, etc.

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Section 7 – City Policies Tender Call No. 227-2017 Contract No. 17ECS-MI-02DC


SECTION 7 – CITY POLICIES

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Section 7 – City Policies Tender Call No. 227-2017 Contract No. 17ECS-MI-02DC


For a copy of the City of Toronto Procurement Policies, download a copy of the policy by clicking any of the links as provided below or by visiting the following website www.toronto.ca/purchasing/policies :

1. Fair Wage Policy*

*Fair Wage Policy – (extracted from Schedule A of the City of Toronto Municipal Code, Chapter 67) FW R (10/07). The policy and schedules are available on the Fair Wage Office website: www.toronto.ca/fairwage .

2. Labour Trades Contractual Obligations In The Construction Industry*

Labour Trades Contractual Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67)

3. AccessiblityStandards For Customer Service Training Requirements Policy

4. Purchase of Products Manufactured In Factories Where Children Are Used As Slave Labour or Other Exploitive Circumstances Which Impedes Child Development

5. Environmentally Responsible Procurement Statement

6. Right to Reject Debtors and Set Off Policy

7. Toronto Licensing Requirements

8. Tree Protection Policy and Specifications Near Trees (delete if not applicable)

9. Contractor Performance Evaluation Form

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Contractor Performance Evaluation 1

START DATE:

COMPLETION DATE: U I ME EE EX N/A

A. sub-score 25%1.

2.

3.

B. sub-score 25%1.

2.

3.

C. sub-score 12.5%

1.

2.

3.

4.

5.

6.

7.

8.

9.

D. sub-score 25%1.

2.

3.

4.

5.

6.

7.

8.8.1

8.2

8.3

8.4

8.5

8.6

E. sub-score 12.5%

1.

2.

3.

4.

5.

6.

7.

NOTE: If the contractor disagrees with this evaluation, it is to submit its objections in writing with supporting evidence within five (5) business days to the Division

Manager (for Interim Reports) or to the Division Director (for Final Reports)

version 1.2 - Feb 25-15

Did a person with decision-making authority represent the contractor at pay/progress meetings?

QUALITY - Compliance with Contract Standards & Specifications

Did the contractor commence the work on time?

Did the contractor promptly & effectively correct defective work as the project progressed?

Did the contractor submit a satisfactory baseline schedule in compliance with the contract?

Did the contractor comply with standards and specifications in the contract?

ORGANIZATION - Work Plan and Management

Did the contractor take adequate precautions with any hazardous materials and designated substances?

CONTRACTOR:

PROJECT NAME:

SAFETY & COMPLIANCE - Laws & Standards CONTRACT VALUE:

DESCRIPTION:

Was the quality and workmanship in compliance with the contract documents?

3.00

3.00

Did the contractor adhere to environmental, (non-OHSA) safety requirements, and other laws & policies?

For definitions refer to Backup sheets

Ranking

Did the contractor complete the project on time?

Accurate and complete record documents (as-builts)

Did the contractor effectively coordinate and manage the work of its subcontractors?

Secure and/or closed applicable municipal permits

Did the contractor comply with OHSA requirements?

Did the contractor submit schedule updates in accordance with the contract?

Did the contractor provide adequate & competent site supervision?

3.00

Did the contractor adequately staff and resource the project in compliance with the contract?

Did the contractor keep the site clean and free of trash and debris in compliance with the contract?

CONTRACT No.:

Did the contractor promptly comply with change orders, change directives, site instructions, and RFQs?

Weight

Weight

Weight

Weight

Weight

Did the contractor submit accurate, complete invoices in a timely manner?

Date

Project Manager:

SignatureName (Print or Type)

Director: (required for Final only)

Did the contractor coordinate to minimize disruption to the public and City operations?

Manager:

Total Score (weighted)

DATE:

Did the contractor submit timely, relevant requests for information (RFIs) as needed?Were shop drawings submitted according to shop drawing schedule and in compliance with the contract?EXECUTION - Work Performance

3.00

Did the contractor adequately address disputes, damages and claims with third parties to City PM's knowledge?

Look ahead schedules or work plans

Did the contractor seek authorization to perform extra or additional work?

3.00

3.00

Did the contractor follow the approved schedule and meet milestones?Did the contractor provide effective quality control?

Was the quality and submission timelines of the following items acceptable?

Did the contractor provide competitive change order pricing?Did the contractor accept responsibility for the full scope and extent of the contract?

Did the contractor participate in resolving project problems and display initiative to implement solutions?Did the contractor demonstrate accountability for problems for which they where responsible?

Complete operations and maintenance manuals and closeout documents

Did the contractor communicate, cooperate, collaborate with the contract administrator, project team & stakeholders?

Training plan and manualsStartup testing and commissioning reports

ADMINISTRATION - Contractor Performance and Diligence

Interim #

Final

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IMPORTANT - PLEASE READ THIS

It is important to the City of Toronto to receive a reply from all invited Bidders. There is no obligation to submit a Bid; however, should you choose not to submit, completion of this form will assist the City in determining the type of services you are interested in submitting a Bid in the future.

INSTRUCTIONS:

If you are unable, or do not wish to submit a Bid on this Request for Tender, please complete the following portions of this form. State your reason for not submitting a Tender by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other Request for Tender documents.

1. We do not offer this service. Other reasons or additional comments. 2. We do not offer services to these requirements. 3. Unable to offer services competitively. 4. Cannot handle due to present commitments. 5. Quantity/project too large. 6. Cannot meet delivery/completion requirements. 7. Tender restrictions. Do you wish to participate in Request for Tenders for services in the future? YES ____ NO ____

For City’s use only - Do not write in this space. Company Name:

Address:

Signature of Company Representative:

Position:

Date: Tel. No.: Fax No.:

Please return completed form by e-mail to [email protected]

NOTICE OF “NO BID”

TENDER: 227-2017 CS

CLOSING DATE: October 3, 2017

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