The Corporation of the Town of Tecumseh
TENDER
LED Street Light Conversion – Removal and
Installation
2016
The Corporation of the Town of Tecumseh
917 Lesperance Road
Tecumseh, ON • N8N 1W9
Phone (519) 735-2184
Facsimile (519) 735-6712
www.tecumseh.ca
Town of Tecumseh
LED Street Light Conversion – Information to Tenderers
List of Accompanying Documents
Additional documents which are part of this tender and will form part of the contract:

General Conditions

Sections
1. 01110 Summary of Work
2. 01270 Measurement and Payment
3. 01320 Project Management and Coordination
4. 01500 Safety Requirements
5. 01570 Traffic Accommodation
Appendix A to F – Tender Forms

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Town of Tecumseh
LED Street Light Conversion – Information to Tenderers
List of Accompanying Documents ........................................................................................... i
1
Scope of Work .............................................................................................................. 1
2
Submissions ................................................................................................................. 1
3
Contact Person ............................................................................................................. 2
4
General Terms and Conditions ...................................................................................... 2
5
Confidentiality .............................................................................................................. 3
6
General Conditions ....................................................................................................... 3
7
Tender Security ............................................................................................................ 4
8
Insurance ..................................................................................................................... 5
9
Acceptance of Tender ................................................................................................... 5
10 Negotiations ................................................................................................................. 5
11 Duration of Offer .......................................................................................................... 6
12 Tender Ineligibility ........................................................................................................ 6
13 Commencement and Completion of the Work .............................................................. 7
14 Duties and Taxes .......................................................................................................... 7
15 Site Examination........................................................................................................... 7
16 Subcontractors ............................................................................................................. 8
17 Registration .................................................................................................................. 8
18 Tender Execution.......................................................................................................... 8
19 Evaluation and Award................................................................................................... 8
20 Workers’ Compensation .............................................................................................. 9
ii
Town of Tecumseh
LED Street Light Conversion – Information to Tenderers
1
Scope of Work
The Town of Tecumseh (Town) has approximately 2,367 existing cobra head style street lights
with new LED’s. The inventory is made up of approx. 1,760 lights operated by Essex Power and
approximately 607 lights operated by Hydro One.
The intent of this Tender Call is to obtain a formal offer from qualified Bidders to:
Install approximately 2,367 new LED streetlight luminaires to replace the existing HPS
luminaires, including removal and disposal of the existing HPS luminaires and lamps. The
luminaire shall include the photocell. The successful Bidder shall meet the Town’s minimum
requirements and qualifications, and will supply all necessary operating equipment, tools,
supervision, and personnel required to complete the Work. Further details can be found in
“Section 01110 – Summary of Work”. The LED luminaires (fixtures) and photocells will be
supplied by the Town.
Herein referred to as the “Work”.
2
Submissions
Proposals must be received at Town Hall no later than 2:00 p.m. on Thursday January 14th,
2016. Proposals should be returned in a sealed envelope marked:
“Town of Tecumseh Removal and Installation Tender – 2016 LED Conversion”
At the following address:
Corporation of the Town of Tecumseh, 917 Lesperance Road, Tecumseh, Ontario N8N 1W9
Attention: Laura Moy, Director Corporate Services & Clerk
It is the sole responsibility of those submitting to ensure that the envelope is received at the
correct place and on time. Any Tender received after the stated closing time for receipt will be
marked as to the date and time received and returned unopened.
The following shall be submitted with the Tender:
•
Define the amount of fixtures which can be converted in a day.
•
Provide work-plan and schedule of key dates.
•
Completed Appendices A to F.
Submit the original and two copies of the Tender on the Tender forms provided, duly
executed, together with the required securities in the return envelope or an opaque sealed
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Town of Tecumseh
LED Street Light Conversion – Information to Tenderers
package, clearly identified with the word “Tender”, the Project name and the name and
address of the Bidder on the outside.
Complete all indicated blank spaces on the Tender Form. The Tender Price must be in Canadian
dollars and must be written in words as well as figures and, in the case of conflict, words shall
prevail over figures.
Complete all appendices attached to the Tender Form and submit those appendices with
the tender.
Tender submissions shall not be withdrawn, modified or clarified after they have been received
by the Town, unless such withdrawal, modification or clarification is received in writing at the
Town office prior to the established closing time and date. Envelopes must clearly state the
Project Name. Envelopes bearing changes must be executed by the same party or parties who
executed the tender and submitted in the same format as detailed in “Submission of Tenders”.
If an arithmetical error is identified by the Town in any submitted Tender involving any Unit
Price and the price extension, (Unit Price X Quantity of Units), the Unit Price shall govern and
the Town may, at its discretion, correct the price extension and the total Tender amount
accordingly.
3
Contact Person
Inquiries should be directed to:
Daniel Piescic - P.Eng - Director, Public Works and Environmental Services
Town of Tecumseh - - Tecumseh, ON. - N8N 1W9
dpiescic@tecumseh.ca
Phone: 519-735-2184, 140
Fax: 519-735-6712
4
General Terms and Conditions
This RFP is subject to the Town’s Procurement Policies and Procedures as outlined in the Town
of Tecumseh Purchasing By-Law 2006-03.
If a proponent discovers any inconsistency, discrepancy, ambiguity, error, or omission in this
Tender, it must notify the Town immediately in writing.
It shall be the proponent’s responsibility to clarify any points in question with the Contact
Person from the Town prior to submitting the proposal.
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Town of Tecumseh
LED Street Light Conversion – Information to Tenderers
Responses to inquiries will be forwarded to all proponents.
The Town reserves the right to reject any and/or all proposals received without incurring any
liability whatsoever. The Town will not necessarily accept the lowest price or any proposal.
Any implications that the lowest price or any proposal will be accepted are hereby expressly
negated.
The Town is not under any obligation to award a contract, and reserves the right to terminate
the Tender at any time for any reason, and to withdraw from discussions with all or any of the
proponents who have responded. The receipt and opening of a proposal does not constitute
acceptance of any proposal.
5
Confidentiality
The Town and the proponent agree that the content of each response to this Tender will be
held in the strictest confidence, and details of any response will not be discussed with any other
party. By submitting a response to this Tender, each proponent agrees to disclose only
information subject to the Freedom of Information and Privacy Act. The Town agrees to notify
the Proponent should a request for information be received.
6
General Conditions
The Proponent shall indemnify and hold harmless the Town, it’s officers, council members,
partners, agents and employees from and against all action, claims, demands, losses, costs,
damages, suits or proceedings whatsoever which may be brought against or made upon the
Town and against all loss, liability judgments, claims, suits, demands of expenses which the
Town may sustain, suffer or be put to resulting form of arising out of the company’s failure to
exercise reasonable care, skill or diligence or omissions in the performance or rendering of any
work or service, required hereunder to be performed or rendered by the company, its agents,
officials and employees.
Any agreement that results from this Proposal will be subject to the laws of the Province of
Ontario and Canada.
The Proponent shall employ a high standard of public relations and communication.
The Proponent agrees that the Town has the right to accept or reject all or any portion of this
proposal.
The Proponent shall be, or shall become, familiar with all such laws, regulations and policies
which in any manner affect the performance of the Contract, those engaged or employed in the
work, or affect facilities or equipment used in the work, or which in any way may affect the
conduct of the work and no plea of misunderstanding will be considered on account of
ignorance thereof. Without limiting the generality of the aforesaid, it shall be the Successful
Respondents responsibility to comply with:
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Town of Tecumseh
LED Street Light Conversion – Information to Tenderers

The Proponent shall indemnify and hold harmless the Town and its employees against
and from all suits or actions arising from any Health and Safety violations as well as the
cost to defend such charges as a result of any violation.

The Proponent shall comply with all applicable municipal, provincial and federal laws
pertaining to the Successful Respondents services provided herein to the Town
including, without limiting generality, all labour, police, health, environmental, public
health and sanitation laws and regulations imposed by public bodies having jurisdiction
over such matters.

The proponent shall ensure that all its employees, agents, volunteers, or others for
whom the Proponent is legally responsible receive training regarding the provisions of
the goods and services contemplated herein to persons with disabilities in accordance
with Section 6 of Ontario Regulation 429/07 (the “Regulation”) made under the
Accessibility for Ontarians with Disabilities Act, 2005 as amended (the “Act”). The
proponent shall ensure that such training includes, without limitation, a review of the
purpose of the Act and the requirements of the Regulation, as well as instruction
regarding all matters set out in Section 6 of the Regulation. The Proponent shall submit
to the Town, as required from time to time, documentation describing its customer
service training policies, practices and procedures and a summary of its training
program, together with a record of the dates on which training was provided and a list
of the employees, agents, volunteers or others who received such training. The Town
reserves the right to require the proponent to amend its training policies to meet the
requirements of the Act and the Regulation.
Refer to contract General Conditions section for additional general conditions.
7
Tender Security
Every Tender shall be accompanied by:

a Security Deposit in the form of either
 a Bid Bond in an amount not less than 10% of the total amount of the
Tender, or

an unconditional, irrevocable Letter of Credit in an amount of not less than ten (10%)
percent of the total amount of the Tender, or

a certified cheque in an amount of not less than 10% of the total amount of the Tender.

a Consent of Surety, in a form satisfactory to the Town, stating that the surety is willing to
supply a Performance Bond and Labour and Material Payment Bond (each in an amount
that is equal to and not less than 50% of the Contract price).
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Town of Tecumseh
LED Street Light Conversion – Information to Tenderers
A Bid Bond shall be executed in favour of the Town and a certified cheque shall be made
payable to the Town.
Bid Bonds shall be in the same form as the Bid Bond Form CCDC 220.
Bid Bonds and certified cheques will be returned only upon request and after award of the
contract and the provision of any required Performance Bond and Labour and Material
Payment Bond from the successful Bidder. In the case where no contract is awarded, and upon
request, the Town will return Bid Bonds and certified cheques with reasonable promptness. All
requests for returns must be submitted in writing and forwarded to the Town.
8
Insurance
The Bidder whose Tender is accepted shall provide Contract Security as required by the General
Conditions. The Cost of all Contract Security shall be included in the Tender Price.
9
Acceptance of Tender
Bidders are notified that the lowest or any tender need not be accepted by the Town and the
Town reserves the right to reject any and all tenders at any time without further explanation or
to accept any tender considered advantageous to the Town.
Subject to “Tender Ineligibility”, the Town may waive minor non-compliance with the tender
documents, specifications or any conditions, including the timing of delivery of anything
required by this tender and may at its sole discretion elect to retain for consideration tenders
which are non-conforming because they do not contain the content or form required for
submissions set out herein, and the Town may elect at its sole discretion to accept any Tender
or part thereof and to waive any defect, irregularity, mistake or insufficiency in any Tender and
to accept any tender or alternative proposal, in whole or in part, which it deems to be most
advantageous to its interests.
No implied obligation of any kind or on behalf of the Town shall arise from anything in the
Tender Documents.
The Town reserves the right to waive any irregularities or any minor non-compliance.
10 Negotiations
The Town may, prior to and after contract award, negotiate changes to the scope of work, the
type of materials, the specifications or any conditions with the low Bidder or one or more of the
Bidders without having any duty or obligation to advise any other Bidder or to allow them to
vary their Tender prices as a result of such changes and the Town shall have no liability to any
other Bidder as a result of such negotiations or modifications.
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Town of Tecumseh
LED Street Light Conversion – Information to Tenderers
11 Duration of Offer
Tenders shall remain open for acceptance and shall be irrevocable for a period of 60 days after
the Closing Date, irrespective of whether the Town has accepted any Tender.
Submission of a Tender by the Bidder creates an irrevocable right for the Town to require the
Bidder, by written notification within 60 calendar days of the Closing Date (unless the Closing
Date is extended by agreement between the Town and the Bidder), to execute the Contract to
perform the work as set out within the Contract Documents. The Town may exercise this
irrevocable right with any Bidder, and not necessarily the lowest Bidder, or may accept the
tender most favorable to the interest of the Town, or may decide not to exercise this
irrevocable right with any Bidder.
12 Tender Ineligibility
The following will result in automatic rejection of a tender:

unsigned tender;

tender submitted after closing date and time;

electronic tender submission;

failure to attend mandatory site meeting, if applicable;

submission of an illegible tender;

bid bond insufficient or not submitted;

Consent of Surety or other forms of security as set out in the instructions, are insufficient or
not submitted;

incomplete or partial submissions – except where the tender clearly states that an award
may be made for individual items or where, in the opinion of the Town the incomplete
nature is trivial or insignificant;

qualified submissions (i.e. qualified or restricted by an attached statement), except where
the change is requested by the Town or where, in the opinion of the Town, the change is
trivial or insignificant; or

submissions received on documents other than those provided by the Town, except where,
in the opinion of the Town, the matter is trivial or insignificant,
A tender may be rejected in the following circumstances, in the Town’s sole discretion:

receipt of any addenda has not been acknowledged;

where an arithmetical error in the tender is identified by the Town; or

tenders that contain erasures, other alterations or irregularities of any kind not specified
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Town of Tecumseh
LED Street Light Conversion – Information to Tenderers
13 Commencement and Completion of the Work
The Bidder, by submitting the Tender, agrees that it can complete the Work by the date stated
in the Contract documents.
The Bidder shall carefully examine the Tender Documents. Any errors, omissions,
discrepancies or matters requiring clarification shall be reported in writing to the Town at least
five (5) working days prior to the tender Closing Date. The Town shall, if necessary, send written
instructions or explanations to all Bidders.
If a Bidder fails to report any such errors, omissions, discrepancies or matters requiring
clarification within the time period stipulated, the Town shall be the sole judge as to the intent
of the Tender Documents.
During the Tender period, Bidders may be advised by Addenda of any alterations to the Tender
Documents. All such alterations shall become part of the Tender and their effects shall be
reflected in the Tender Price.
The Town will endeavor not to issue any Addenda later than three (3) working days prior to the
Tender closing date.
The luminaires will be available from the Town via the supplier April 1st, 2016 and all work must
be complete by May 1, 2016
14 Duties and Taxes
The Bidder shall include in the Tender Price all duties and taxes, other than the Harmonized
Sales Tax, including Customs duties, Excise duties, brokerage charges and all other taxes and
charges applicable with respect to the Tender, unless otherwise specifically stipulated.
The Bidder will recover the Harmonized Sales Tax from the Town as set out in the Contract
terms of payment.
15 Site Examination
The Bidder shall examine the Place of the Work before submitting a Tender and shall be
satisfied as to the nature and location of the Work, local conditions, sub-surface conditions and
topography at the site of the Work, the equipment and facilities needed prior to and during the
execution of the Work, the means of access to the site, on-site accommodation, all necessary
information as to risks, contingencies and circumstances which may affect the Tender, and all
other matters which can in any way affect the Work. The Bidder is fully responsible for
obtaining all information required for the preparation to the Tender.
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Town of Tecumseh
LED Street Light Conversion – Information to Tenderers
The Town will not consider or pay any claim for additional costs as a result of any failure of the
Bidder to comply with the above or to exercise its obligations as detailed above with all
diligence.
16 Subcontractors
Bidders shall not change subcontractors, as identified in their bid, after the closing date of the
Tenders unless they first obtain the Town’s written permission.
In evaluating tenders prior to the award of the Contract, the Town may take into consideration
the past performance of a subcontractor on Town projects.
17 Registration
Prior to commencing the Work, the successful Bidder shall obtain all authorizations required by
the law enabling it to carry on business and to complete the Work required under the Contract.
Any failure to carry out these obligations shall entitle the Town to terminate without
compensation the Bidder’s right to perform the Contract.
18 Tender Execution

Tenders shall be properly executed and in compliance with the following requirements:

the signatures of persons executing the Tender must be in their respective
handwriting;

if the Bidder is a corporation, the Tender shall be executed under the corporate seal,
affixed in the presence of the authorized officers of the corporation;

if the Bidder is an individual or a partnership, the Tender shall be executed under seal by
the individual or a partner in the presence of a witness and the signatory must show the
City in which the document is executed (i.e., “Partner” or “Proprietor”);

if the Bidder is a joint venture, each party to the joint venture shall execute the Tender
under seal in the manner appropriate to such party.
19 Evaluation and Award
Award shall be made on tenders that will give the greatest value based upon quality, service
and price.
In addition, in awarding any contract, the Town may consider any or all of the following factors:

price;
8
Town of Tecumseh
LED Street Light Conversion – Information to Tenderers

references and experience;

the ability to perform the work within the terms specified;

information submitted.
Award of any Tender will be in the form of a written Notice of Award.
Unsuccessful Bidders will not be formally notified of awards.
The Town reserves the right, in its sole discretion, to award the contract to one, or more than
one Bidder.
20 Workers’ Compensation
Bidders must provide verification from the Workers’ Compensation Board that their accounts
are in good standing.
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Town of Tecumseh
LED Street Light Conversion – General Conditions
1
ARTICLE 1 - GENERAL PROVISIONS ................................................................................ 4
1.1
Definitions ...................................................................................................................... 4
1.2
Documents ..................................................................................................................... 5
1.3
Notices............................................................................................................................ 7
1.4
Rights and Remedies ...................................................................................................... 7
1.5
Assignment ..................................................................................................................... 7
1.6
Applicable Law................................................................................................................ 8
2
ARTICLE 2 - TOWN'S OBLIGATIONS................................................................................ 8
2.1
Payment ......................................................................................................................... 8
2.2
Site Availability ............................................................................................................... 8
2.3
Reference Points ............................................................................................................ 8
2.4
Materials Supplied by the Town .................................................................................... 8
2.5
Control of the Work ....................................................................................................... 8
2.6
Breach By the Town ....................................................................................................... 9
3
ARTICLE 3 - CONTRACTOR'S OBLIGATIONS .................................................................... 9
3.1
General Obligation ......................................................................................................... 9
3.2
Independent Contractor ................................................................................................ 9
3.3
Review of Contract Documents ..................................................................................... 9
3.4
Site Conditions ............................................................................................................... 9
3.5
Temporary Structures .................................................................................................. 10
3.6
Schedule ....................................................................................................................... 10
3.7
Superintendent ............................................................................................................ 11
3.8
Subcontractors ............................................................................................................. 11
3.9
Other Contractors ........................................................................................................ 11
3.10 Use of the Site .............................................................................................................. 12
3.11 Survey ........................................................................................................................... 12
3.12 Protection of the Work, Property and the Public ........................................................ 12
3.13 Permits ......................................................................................................................... 13
3.14 Material and Plant Supplied by Town .......................................................................... 13
3.15 Equipment, Plant and Material Supplied by Contractor .............................................. 13
3.16 Workers' Compensation Act ........................................................................................ 14
3.17 Occupational Health and Safety ................................................................................... 14
3.18 Defective Work ............................................................................................................. 15
December 7, 2015
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Town of Tecumseh
LED Street Light Conversion – General Conditions
4
5
6
7
8
9
3.19 Testing and Inspection ................................................................................................. 15
3.20 Site Cleanliness ............................................................................................................. 16
3.21 Claims Against and Obligations of the Contractor ....................................................... 17
3.22 Patent Rights ................................................................................................................ 17
3.23 Royalties ....................................................................................................................... 17
3.24 Records to be Kept by Contractor ................................................................................ 18
3.25 Public Ceremonies and Signs........................................................................................ 18
3.26 Non-Compliance by Contractor.................................................................................... 18
ARTICLE 4 - ADMINISTRATION BY ENGINEER ............................................................... 18
4.1
Engineer's Duties and Authority .................................................................................. 18
4.2
Observing the Work ..................................................................................................... 19
4.3
Engineer's Decision ...................................................................................................... 19
ARTICLE 5 - PAYMENT AND COMPLETION ................................................................... 20
5.1
Progress Payments ....................................................................................................... 20
5.2
Contract Holdbacks ...................................................................................................... 21
5.3
Substantial Completion ................................................................................................ 21
5.4
Final Completion .......................................................................................................... 22
5.5
Final Progress Payment ................................................................................................ 23
5.6
Right of Set-Off ............................................................................................................. 23
ARTICLE 6 - TIME AND DELAYS .................................................................................... 23
6.1
Time of the Essence ..................................................................................................... 23
6.2
Delays ........................................................................................................................... 23
ARTICLE 7 - CHANGE ORDERS ...................................................................................... 24
7.1
Changes in the Work .................................................................................................... 24
7.2
Valuation of Changes ................................................................................................... 25
7.3
Contingency Allowance ................................................................................................ 26
ARTICLE 8 - DISPUTE RESOLUTION............................................................................... 27
8.1
Engineer's Decision ...................................................................................................... 27
8.2
Dispute Resolution ....................................................................................................... 28
8.3
Litigation ....................................................................................................................... 29
ARTICLE 9 - WITHDRAWAL, SUSPENSION AND TERMINATION ..................................... 30
9.1
Withdrawal of the Work .............................................................................................. 30
9.2
Suspension of the Work ............................................................................................... 30
9.3
Termination by Town ................................................................................................... 31
9.4
Contract Cancellation ................................................................................................... 32
December 7, 2015
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Town of Tecumseh
LED Street Light Conversion – General Conditions
9.5
Termination by Contractor ........................................................................................... 33
10 ARTICLE 10 - BONDS AND WARRANTY......................................................................... 33
10.1 Obligations to Provide Contract Security ..................................................................... 33
10.2 Provision of Acceptable Contract Security ................................................................... 33
10.3 Return of Security Deposit ........................................................................................... 34
10.4 Warranty ...................................................................................................................... 34
11 ARTICLE 11 - INDEMNIFICATION AND INSURANCE ....................................................... 35
11.1 Indemnification ............................................................................................................ 35
11.2 Policies of Insurance ..................................................................................................... 35
11.3 Insurance - General ...................................................................................................... 37
December 7, 2015
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Town of Tecumseh
LED Street Light Conversion – General Conditions
1
1.1
ARTICLE 1 - GENERAL PROVISIONS
Definitions
The following terms, whenever used in the Contract Documents, shall mean:
(a)
"Adjustment": a change in either the Contract Price or the Contract Time, or both, in
accordance with the applicable provisions of the Contract Documents.
(b)
"Arbitrator": the Person appointed under GC 8.
(c)
"Articles of Agreement": the executed Articles of Agreement.
(d)
"Change Order": a written instrument prepared by the Engineer and signed by the Town
and the Contractor stating their agreement upon:
(i)
a change in the Work; and
(ii)
the method and/or the amount of Adjustment, if any.
(e)
"Town", "Contractor", "Engineer": the parties identified in the Articles of Agreement,
including their authorized representatives, as designated in writing to each of the other
parties. Such parties are referred to throughout the Contract Documents as if singular in
number and masculine in gender.
(f)
"Claim":
(i)
a demand or assertion by the Town or the Contractor seeking an interpretation
of Contract terms, an Adjustment or other relief with respect to the terms of the
Contract;
(ii)
other disputes and matters in question between the Town and the Contractor
arising out of or relating to the Contract; and/or
(iii)
allegations by the Town or the Contractor of errors or omissions on the part of
the Engineer.
(g)
"Completion Date": the date of Substantial Completion of the Work, as certified by the
Engineer.
(h)
"Contract": the undertaking by the parties to perform their respective duties and
discharge their obligations as set out in the Contract Documents which represents the
entire agreement between the parties.
(i)
"Contract Documents": the documents referred to in the Articles of Agreement.
December 7, 2015
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Town of Tecumseh
LED Street Light Conversion – General Conditions
(j)
"Contract Price": the sum stated in the Articles of Agreement, and as it may be
amended during the progress of the Work.
(k)
"Contract Time": the time stated in the Articles of Agreement, and as it may be
amended during the progress of the Work.
(l)
"Day": a calendar day.
(m)
"Final Completion": when the Work has been performed in accordance with the
Contract Documents, as certified by the Engineer.
(n)
"GC": a reference to a clause in these General Conditions of the Contract for
construction.
(o)
"Laws and Regulations": any and all applicable laws, rules, regulations, by-laws, codes
and orders of any and all government bodies, agencies, authorities and courts.
(p)
"Project": the total construction of which the Work to be performed under the Contract
may be the whole or a part.
(q)
"Site": the land or actual place designated in the Contract Documents for the
performance of the Work.
(r)
"Subcontractor": a party having a contract with the Contractor for the performance of
any part of the Work.
(s)
"Substantial Completion": when the Work has progressed to the point where, in the
opinion of the Engineer as evidenced by the certificate of Substantial Completion, it is
sufficiently complete, in accordance with the Contract Documents, so that the Work can
be utilized for the intended purpose.
(t)
"Work": all or any part of the construction and services required by the Contract
Documents, including all labour, materials, equipment and services provided or to be
provided by the Contractor to fulfil his obligations under the Contract.
(u)
“Engineer”: A professional engineer hired by the Town to produce the LED Conversion
tender documents and assist the Town during construction period.
1.2
Documents
(a)
It is the intent of the Contract Documents to include all labour, materials, equipment
and services necessary to perform the Work in accordance with the Contract
Documents. Any work, materials or equipment that may be reasonably inferred from
the Contract Documents or from prevailing custom or trade usage as being required to
produce the intended result, will be furnished and performed by the Contractor,
December 7, 2015
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Town of Tecumseh
LED Street Light Conversion – General Conditions
whether or not specifically called for. The Contract Documents are complementary:
what is required by one document shall be as binding as if required by all.
(b)
The Contract represents the entire agreement between the Town and the Contractor
and supersedes prior negotiations, representations or agreements, either written or
oral.
(c)
When words or phrases which have a well-known technical, construction industry or
trade meaning are used in the Contract Documents, they shall be interpreted in
accordance with that meaning.
(d)
The Contract Documents shall not be construed to create a contractual relationship of
any kind between:
(i)
the Engineer and the Contractor;
(ii)
the Town and a Subcontractor or sub-subcontractor, or between any persons or
entities other than the Town and the Contractor. The Engineer shall,
however, be entitled to demand performance and to enforce the obligations of
the parties under the Contract, in furtherance of the Engineer's duties.
(e)
Clarifications and interpretations of the Contract Documents shall be issued by the
Engineer as provided in GC 4.1.
(f)
In the event of conflicts between the Contract Documents, the following shall apply:
(i)
documents of later date shall govern over earlier documents of the same
classification;
(ii)
figured dimensions shown on drawings shall govern over scaled
dimensions;
(iii)
drawings of larger scale shall govern over those of smaller scale; (iv)
specifications shall govern over drawings;
(v)
the general conditions shall govern over the specifications;
(vi)
supplementary general conditions shall govern over the general conditions; and
(vii)
the Articles of Agreement shall govern over all documents.
(g)
The Town shall provide the Contractor with as many sets of Contract Documents as are
reasonably required for the performance of the Work.
(h)
The Contractor shall maintain a set of drawings on the Site and record accurately and
legibly thereon all deviations caused by site conditions and changes ordered by the
Engineer. The Contractor shall keep one copy of all current Contract Documents and
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shop drawings on the Site, in good condition. These documents shall be available
to the Engineer throughout the duration of the Work.
(i)
All Contract Documents, including copies, and all models furnished by or to the
Contractor are and shall remain the property of the Town and are not to be used on
other Work. The Contract Documents are not to be copied or revised in any manner
without the Town's written consent.
1.3
Notices
(a)
Where a notice is required by the Contract Documents to be given in writing to the
Contractor, it may be delivered personally to the Contractor or to the Contractor's site
superintendent, or delivered or sent by mail or facsimile transmission to the
Contractor's address set out in the Articles of Agreement or to his office at or near the
Site.
(b)
Where a notice is required by the Contract Documents to be given in writing to the
Engineer, it may be delivered personally or delivered or sent by mail or facsimile
transmission to the Engineer's address set out in the Articles of Agreement, or to the
office of the Engineer at or near the Site.
(c)
A written notice or communication sent by mail shall be deemed to have been receive
ten (10) days from the date of posting. A notice or communication sent by facsimile
transmission or by any other means is effective when actually received by the party to
which it is addressed.
1.4
Rights and Remedies
(a)
No implied terms or obligations of any kind by or on behalf of the Town shall arise from
anything in the Contract Documents and the express covenants and agreements therein
contained and made by the Town are the only covenants and agreements upon which
any rights against the Town are to be founded.
(b)
Any failure by the Town or the Engineer to enforce or to require the strict performance
of any of the provisions of the Contract shall not, in any way, constitute a waiver of
those provisions and affect or impair those provisions or any right the Town has at any
time to avail itself of any remedies the Town may have for any breach of these
provisions or to require the Work to be performed in accordance with the Contract
Documents.
1.5
Assignment
The Contract, or any part of it, or any benefit or interest in it, shall not be assigned by either
party without the prior written consent of the other party.
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1.6
Applicable Law
This Contract shall be deemed to have been made in Ontario and shall be governed by and
interpreted in accordance with the laws of Ontario
2
2.1
ARTICLE 2 - TOWN'S OBLIGATIONS
Payment
Subject to any other provision in the Contract Documents, the Town shall make payments to
the Contractor at the times and in the manner set out in GC 5.
2.2
Site Availability
(a)
The Town shall furnish, as indicated in the Contract Documents, the lands upon which
the Work is to be performed, rights-of-way and easements for access to the Site and any
other lands designated for the use of the Contractor. The Contractor shall provide for
any additional lands and access the Contractor may require, in accordance with GC
3.10(a).
(b)
Except for permits and fees which are the responsibility of the Contractor under GC
3.13, the Town shall obtain and pay for necessary approvals, easements and charges
required for the development of the Site and for the use or occupancy of permanent
structures or for permanent changes in existing facilities.
2.3
Reference Points
The Town shall establish reference points for construction which are, in the opinion of
the Engineer, necessary to enable the Contractor to proceed with the Work. The
Contractor shall safeguard such reference points in accordance with GC 3.11(b).
2.4
Materials Supplied by the Town
Any materials, instructions, information or services required to be supplied by the Town under
the Contract shall be furnished with reasonable promptness to avoid delay in the orderly
progress of the Work.
2.5
Control of the Work
Neither the Town nor the Engineer shall supervise or have control or authority over, nor be
responsible for, the Contractor's means, methods, techniques or procedures of construction.
Neither the Town nor the Engineer will be responsible for the Contractor's failure to perform
the Work in accordance with the Contract Documents, nor for its failure to comply with
applicable Laws and Regulations.
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2.6
Breach By the Town
In the event that the Town breaches its obligations under the Contract, it shall not be liable to
the Contractor, its Subcontractors or any other parties acting on their behalf, for consequential
loss, loss of profit or loss of business opportunity.
3
3.1
ARTICLE 3 - CONTRACTOR'S OBLIGATIONS
General Obligation
Notwithstanding any omissions from the Contractor's tender, the Contractor is required to
perform all of the Work required by the Contract Documents and which can be reasonably
inferred from them as being necessary to produce the intended result. The Contractor is to
perform the Work within the Contract Time, in accordance with the schedule referred to in GC
3.6. The Contractor shall execute the Articles of Agreement, in the form set out in the Contract
Documents.
3.2
Independent Contractor
The Contractor is an independent contractor and shall have complete control of the Work. The
Contractor shall effectively direct and supervise the Work to ensure conformance with the
Contract Documents. The Contractor shall be solely responsible for all construction means,
methods, techniques, sequences and procedures and for coordinating all parts of the Work,
except as may be otherwise specified in the Contract Documents.
3.3
Review of Contract Documents
The Contractor shall study and compare the Contract Documents with each other and shall
verify the dimensions, quantities and details described in them. The Contractor shall notify the
Engineer of all errors, omissions, conflicts and discrepancies found. Failure to discover or
correct errors, omissions, conflicts or discrepancies which ought to have been discovered by
such a study, shall not relieve the Contractor from full responsibility for unsatisfactory Work,
faulty construction or improper operations resulting there from, nor from rectifying such
conditions at the Contractor's expense.
3.4
Site Conditions
(a)
By executing the Contract, the Contractor represents that the Contractor is familiar with
the conditions under which the Work is to be performed. The Contractor further
represents that the Contractor understands the requirements of the Contract
Documents and any effects that the Site conditions will have on the Work. The
Contractor's failure to visit the Site will not excuse the Contractor from this
responsibility.
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(b)
Following the start of the Work, if the sub-surface conditions are substantially different
from those that could reasonably have been expected, based on a reasonable and
proper examination of the site by the Contractor and on the information, if any,
provided with the Tender Documents, the Contractor must promptly notify the Engineer
in writing prior to these conditions being disturbed. The Contractor may make a claim
for changed site conditions in accordance with GC 8.1.
3.5
Temporary Structures
The Contractor shall have the sole responsibility for the design, erection, operation,
maintenance and removal of temporary structures and other temporary facilities and the
design and execution of construction methods required in their use. The Contractor shall
engage and pay for professional engineering personnel, registered to practice in Ontario and
skilled in the appropriate discipline, to perform these functions where required by law or by the
Contract Documents and in all cases where such temporary facilities and their method of
construction are of such a nature that professional engineering skill is required to produce safe
and satisfactory results.
3.6
Schedule
(a)
Within five (5) days of executing the Articles of Agreement, the Contractor shall submit
to the Engineer for review a proposed schedule showing the anticipated time of
commencement and final completion of each of the various operations to be
performed. This schedule shall include the sequence and coordination of the various
operations and the estimated time required for the Work and shall provide sufficient
detail to permit the Engineer to monitor the progress of the Work. The Contractor shall
revise the proposed schedule as requested by the Engineer and after approval the
Contractor shall strictly adhere to the revised schedule unless it is changed in
accordance with the terms of the Contract. Following approval of the schedule, the
Contractor shall record accurately, in red ink on the revised schedule referred to herein,
the actual progress of the Work until Final Completion.
(b)
If at any time it should appear to the Engineer that the actual progress of the Work does
not conform to the schedule referred to above, the Contractor shall produce at the
Engineer's request a revised schedule showing the modifications necessary to ensure
completion of the Work in accordance with the previously approved schedule and shall
promptly adopt acceptable additional means and methods of construction, at no cost to
the Town, which will make up for the time lost and will ensure completion in accordance
with the approved schedule referred to in GC 3.6(a).
(c)
The Engineer's consent to such schedules shall not relieve the Contractor of any of the
Contractor's obligations under the Contract.
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3.7
Superintendent
(a)
The Contractor shall assign a competent superintendent and necessary assistants, one
or more of who shall be in attendance at the Site at all times during the progress of the
Work. The superintendent and necessary assistants, if any, shall be designated in
writing to the Engineer and shall act as the Contractor's authorized representative at the
Site. All written or oral communications to the superintendent shall be deemed to have
been given to the Contractor. The superintendent shall only be replaced after the
Contractor has received written approval from the Engineer.
(b)
The Engineer shall have the authority to order the removal from the Work of any
superintendent, supervisor, foreman or other employee who is, in the opinion of the
Engineer, unfit for the work or unskilled in the work assigned to him. Any person so
removed shall not be re-employed on the Work by the Contractor or by a
Subcontractor.
3.8
Subcontractors
(a)
The Contractor shall not employ any Subcontractor without the approval of the Town.
Once the names of the proposed Subcontractors have been submitted, the
Contractor shall not change those Subcontractors without the advance written
consent of the Town. If any changes are made without consent, the Town may, at its
option, terminate the Contract or the Contractor's right to perform the Work in
accordance with GC 9.3.
(b)
The Contractor shall be fully responsible to the Town for the acts and omissions of
Subcontractors, their agents, employees, and all parties engaged by the Contractor or its
Subcontractors for the provision of work or the supply of materials.
(c)
The Contractor agrees to incorporate the terms of the Contract Documents into all the
Contractor's subcontract agreements.
3.9
Other Contractors
(a)
Where, in the opinion of the Engineer, it is necessary that other contractors or workers
with or without plant and material be sent on to the Site, the Contractor shall, to the
satisfaction of the Engineer, allow them access and cooperate with them in the carrying
out of their duties and obligations.
(b)
If the sending of workers or other contractors onto the Site results in a delay in the
performance of the Work, which could not have been reasonably foreseen or
anticipated by the Contractor when executing the Articles of Agreement, the Contractor
may make a claim therefore in accordance with GC 6.2 and 8.1.
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3.10 Use of the Site
(a)
The Contractor shall make every effort to confine the Contractor's equipment and plant,
storage of materials and operations to limits indicated by the Contract Documents, by a
specific direction of the Engineer or by Laws and Regulations, and shall not
unreasonably encumber the Site. The Contractor shall arrange for, and assume all the
costs and liabilities of, any additional land required for the erection of temporary
facilities and/or for the storage of materials, including access to them.
(b)
The Contractor shall not load or permit to be loaded on any part of the Work a weight or
load or force that will endanger its safety or exceed the design loads.
(c)
The Contractor shall not interfere in any way with the work or scheduling of any other
contractor or employee of the Town. In order to avoid or minimize such interference,
the Engineer may, in its absolute discretion, establish schedules or methods and shall
notify the Contractor accordingly.
3.11 Survey
(a)
The Contractor shall provide the Engineer with assistance, as required, to make any
surveys and measurements, and to establish or check lines and grades.
(b)
The Contractor shall safeguard all points, stakes, grade marks and benchmarks made or
established on the Work. The Contractor shall bear the expense of re- establishing them
and for rectifying Work improperly installed due to the Contractor's failure to safeguard
such points, stakes and marks. Additional surveys and staking required by the
Contractor to perform the Work shall be provided by the Contractor at its expense.
3.12 Protection of the Work, Property and the Public
(a)
The Contractor shall be responsible for protecting the Work, the Town's property at the
Site including the Contract Documents and any plant and material, including plant and
material supplied by the Town to the Contractor, against loss or damage from any cause
but subject to GC 3.14(c). In particular, the Contractor shall take necessary precautions,
at the Contractor's expense, to ensure that:
(i)
no person, adjacent property, right, easement or privilege is injured, damaged
or infringed by reason of the Contractor's activities in performing the Work;
(ii)
pedestrian and other traffic on any public or private road or waterway is not
unduly impeded, interrupted or endangered by the performance or existence of
the Work;
(iii)
fire hazards in or about the Work or the Site are minimized;
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(b)
(iv)
adequate medical services are available to all persons employed on the Work at
all times during the performance of the Work;
(v)
adequate sanitation measures are taken in respect of the Work; and
(vi)
all facilities necessary for the purpose of maintaining security are provided, and
the Contractor shall assist any person authorized by the Town to inspect or to
take security measures on the Site.
The Engineer may order the Contractor to do such things and to perform such additional
Work as the Engineer considers reasonable and necessary to ensure compliance with or
to remedy a breach of GC 3.12(a) and the Contractor shall comply with the directions of
the Engineer, at the Contractor's expense.
3.13 Permits
The Contractor shall procure and post at the Site all permits, certificates and licences required
for the construction of the Work. The Contractor shall comply with all Laws and Regulations
affecting the execution of the Work, including all applicable Federal, Provincial and municipal
laws, by-laws and regulations.
3.14 Material and Plant Supplied by Town
(a)
The Contractor is liable for any loss or damage to material, plant or real property that is
supplied or placed by the Town in the care, custody and control of the Contractor for
use in connection with the Work, whether or not that loss or damage is attributable to
causes beyond the Contractor's control.
(b)
The Contractor shall not use any material, plant or real property placed in the
Contractor's care, custody and control, except for the purpose of performing the Work.
(c)
The Contractor is not liable to the Town for any loss or damage to material, plant or real
property if that loss or damage results from and is directly attributable to reasonable
wear and tear.
3.15 Equipment, Plant and Material Supplied by Contractor
(a)
Unless otherwise specified in the Contract Documents, the Contractor shall furnish and
assume full responsibility for all materials, equipment, labour, transportation,
construction equipment and machinery, tools, appliances, fuel, power, light, heat,
telephone, water, sanitary facilities, temporary facilities and all other facilities and
incidentals necessary for the performance, testing, finishing, start-up and completion of
the Work. All items of this nature furnished by the Contractor shall be maintained in a
clean and, where applicable, sanitary manner.
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(b)
All equipment, plant and material owned by the Contractor, from the time of initial
delivery to the Site, shall be deemed to be the property of the Town; provided always
that the vesting of such property shall not prejudice the right of the Contractor to the
sole use of the said equipment, plant and material for the purpose of performing the
Work, nor shall it affect the Contractor's responsibility to operate and maintain the
same in accordance with the Contract Documents. The Town shall not at any time be
liable for the loss of or damage to any of the Contractor's equipment, plant or materials.
3.16 Workers' Compensation Act
(a)
The Contractor shall comply with, and ensure compliance by all Subcontractors with, the
requirements of the Workers' Compensation Act. The Contractor and its Subcontractors
shall maintain accounts in good standing with the Workers' Compensation Board. The
Contractor shall provide verification from the Workers' Compensation Board that the
Contractor's account is in good standing prior to the release of the holdbacks, at the end
of the warranty period and at any time when requested by the Engineer. The Town may
refuse to make a payment to the Contractor unless the Contractor furnishes evidence
from the Workers' Compensation Board that the Contractor's account is in good
standing.
(b)
If the Town receives a notice from the Workers' Compensation Board that the
Contractor's accounts, or any Subcontractor's accounts, are not in good standing, or if
a demand for payment is received, the Town may suspend payments due to the
Contractor until a letter of clearance is obtained or the Town has paid the amount
on behalf of the Contractor or the Subcontractor.
(c)
If the Town is required to pay any amount to the Workers' Compensation Board on
behalf of the Contractor, or any Subcontractor, the Town may deduct that amount from
any amount owing to the Contractor under this, or any other contract, or may require
the Contractor to reimburse the Town for the amount paid by the Town.
3.17 Occupational Health and Safety
(a)
In any case where, pursuant to the provisions of the Occupational Health and Safety Act,
or any amendments thereto or any successor legislation, the Contractor or any
Subcontractor is ordered to cease work because of a failure to install or adopt safety
devices directed by the regulations made under the said Act, or required by the Act, or
because the Director of Inspection or other person authorized by the Act is of the
opinion that conditions of imminent danger exist that would likely result in injury to any
person, the Town may terminate the Contractor's right to perform the Work, or
terminate the Contract or suspend the Work immediately, in accordance with GC 9, until
the default or failure is corrected.
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(b)
Unless otherwise expressly stated in the Contract Documents, for the purposes of this
project, the Contractor is a Prime Contractor for the work site and shall comply with,
and shall ensure compliance with, the Occupational Health and Safety Act by all
employers and employees on the worksite.
3.18 Defective Work
(a)
Defective work, whether the result of poor workmanship, use of defective products or
damage through carelessness or other act or omission of the Contractor or any
Subcontractor, and whether incorporated in the Work or not, which has been rejected
by the Engineer as failing to conform to the Contract Documents, shall be removed
promptly from the Work and replaced or re-executed by the Contractor in accordance
with the Contract Documents, at the Contractor's expense.
(b)
Where any part of the Work is damaged by such removal, replacement or re- execution,
it shall be made good, promptly, at the Contractor's expense.
(c)
Where the Contractor fails to correct defective or rejected work within the time limits
specified by the Engineer, the Town may correct defective or rejected work and deduct
the cost of same from the Contract Price, or may terminate the Contractor's right to
perform the Work or terminate the Contract in accordance with GC 9.
(d)
In cases of emergency the Town may take whatever action it deems necessary to correct
defective or rejected work and deduct the cost of same from the Contract Price.
(e)
If, in the opinion of the Engineer, it is not expedient to correct defective work or work
not done in accordance with the Contract Documents, the Town may deduct from the
Contract Price the difference in value between the work as done and that required by
the Contract, as determined and certified by the Engineer.
3.19 Testing and Inspection
(a)
Unless otherwise specified in the Contract Documents, the Contractor shall not rely on
the Town's testing program for the Contractor's own quality control, but shall perform
such testing as may be required to ensure that the Work complies in all respects with
the Contract Documents.
(b)
The Engineer may conduct quality control testing regarding the acceptability of
materials used in the Work and the Contractor shall furnish for the Engineer's approval
such samples as the Engineer may reasonably require, at the Contractor's expense.
(c)
The Engineer may order retesting of questioned work. If such retesting shows the work
to comply with the provisions of the Contract, the Town shall pay the cost of retesting. If
the retesting shows that through the fault of the Contractor the work does not so
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comply, the Contractor shall pay all associated costs. Testing which is paid for by the
Town shall not be subject to direction or control by the Contractor.
(d)
The Engineer shall at all times have access to the Work and the Contractor shall provide
proper facilities for such access and for inspection. If any work should be covered
without the approval or consent of the Engineer, it must, if required by the Engineer, be
uncovered for examination and subsequently recovered, both at the Contractor's
expense.
(e)
Any inspection of the Work by the Engineer or the failure of the Engineer to make any
inspection, or:
(i)
the thoroughness or lack of thoroughness of any inspection made by the
Engineer;
(ii)
the failure of the Engineer to observe defective workmanship or materials either
by the Contractor or Subcontractor;
(iii)
the failure to direct the attention of the Contractor or Subcontractor, or of any
other person, to the inadequacy of the manner in which the Contract is being
performed, or
(iv)
the inadequacy or insufficiency of any equipment or material used in the
performance of or incorporated in the Work, shall not relieve the Contractor
from the responsibility for any failure to supply materials and complete the Work
strictly in accordance with the Contract Documents.
3.20 Site Cleanliness
(a)
The Contractor shall maintain the Site in a tidy condition and free from the accumulation
of waste materials and debris, to the satisfaction of the Engineer.
(b)
Before the issuance of a certificate of Substantial Completion, the Contractor shall
remove all the Contractor's plant and material not required for the remaining Work, and
all waste material and other debris, and shall ensure that the Work and the Site are
clean and suitable for occupancy or use by the Town, unless otherwise directed by the
Engineer.
(c)
Before the issuance of a certificate of Final Completion, the Contractor shall remove
from the Site all the Contractor's plant and material and any waste material and other
debris, to the satisfaction of the Engineer.
(d)
The Contractor's obligations described above do not extend to waste material and other
debris caused by the Town's agents or other contractors.
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3.21 Claims Against and Obligations of the Contractor
(a)
The Contractor shall discharge all its lawful obligations and shall satisfy all lawful claims
against it arising out of the performance of the Work at least as often as the Contract
requires the Town to pay the Contractor.
(b)
The Contractor shall, in accordance with the Contract Documents and whenever
requested to do so by the Engineer, make a statutory declaration regarding the
existence and condition of any obligations and claims.
(c)
The Town may, in its absolute discretion, and at any time prior to the final release of
holdbacks, in order to discharge lawful obligations of and satisfy lawful claims against
the Contractor, Subcontractor or any sub-subcontractors, arising out of the performance
of the Work, pay any amount that is due and payable to the Contractor pursuant to the
Contract, directly to the obliges of and the claimants against, the Contractor,
Subcontractor or sub-subcontractor. Without restricting the generality of the foregoing,
when the parties involved in the claim are in agreement on the validity and amount of
the claim, the Town may treat this as a lawful claim.
(d)
Where no agreement is reached between the parties as referred to above, the Town may
withhold payment, without any obligation to pay interest, until the validity and amount
of the Claim is established by legal proceeding. The Town may, in its absolute
discretion, bring the matter before the Court of Queen's Bench by way of Interpleader,
and shall dispose of the funds withheld in accordance with the direction of the Court.
(e)
A payment made pursuant to this provision is, to the extent of the payment, a discharge
of the Town's liability to the Contractor under the Contract and may be deducted from
an amount payable to the Contractor under the Contract.
3.22 Patent Rights
The Contractor shall indemnify the Town from and against all claims and proceedings for or on
account of infringement of any patent rights, design trademark or name or other protected
rights in respect of the Contractor's equipment, materials or plant used for or in connection
with, or for incorporation into the Work, and from and against all damages, costs, charges and
expenses whatsoever relating thereto, except where such infringement results from
compliance with the design or specifications provided by the Town.
3.23 Royalties
Except where otherwise stated, the Contractor shall pay all tonnage and other royalties, rent
and other payments or compensation, if any, for obtaining building materials required for the
Work.
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3.24 Records to be Kept by Contractor
(a)
The Contractor shall maintain complete records of the Contractor's estimated and actual
costs of the Work together with all tender calls, quotations, contracts, correspondence,
invoices and receipts. In accordance with the terms of the Contract, these documents
shall be available for audit and inspection by the Town or by persons acting on behalf of
the Town when requested. The Contractor shall furnish any such person with any
information he may require from time to time in connection with these records.
(b)
Records maintained by the Contractor shall be kept intact for six (6) years following the
end of the warranty period or such other period of time as directed by the Engineer.
(c)
The Contractor shall ensure that all its Subcontractors comply with the above
requirements.
3.25 Public Ceremonies and Signs
(a)
The Contractor shall not permit any public ceremony in connection with the Work
without prior written consent of the Town.
(b)
The Contractor shall not erect or permit the erection of any sign or advertising on the
Site without the prior written consent of the Town.
3.26 Non-Compliance by Contractor
(a)
If the Contractor fails to comply, within a reasonable time, with any decision or direction
given by the Engineer, the Town may employ such methods, as the Town deems
advisable to do that which the Contractor failed to do.
(b)
The Contractor shall pay the Town the total of all costs, expenses and damages incurred
or sustained by the Town by reason of the Contractor's failure to comply with any
decision or direction referred to above, including the cost of any method employed by
the Town. Where the amounts owing to the Contractor under the Contract are
insufficient to cover such costs, the Contractor shall pay the balance to the Town
immediately.
4
ARTICLE 4 - ADMINISTRATION BY ENGINEER
4.1
Engineer's Duties and Authority
(a)
The Engineer will administer the Contract as provided in the Contract Documents.
(b)
The Engineer will be the Town's representative until the Work has been completed in
accordance with the Contract Documents.
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(c)
Except as expressly stated in the Contract Documents, the Engineer shall have no
authority to relieve the Contractor of any of the Contractor's obligations under the
Contract.
(d)
The Engineer will in the first instance interpret the requirements of the Contract
Documents, judge the acceptability of the Work performed and deal with Claims as they
arise, in accordance with GC 8.1.
(e)
During the progress of the Work, the Engineer shall have authority to issue written
additional instructions regarding the Work which may, in the opinion of the Engineer, be
necessary to supplement or clarify the Contract Documents. Such additional
instructions shall be consistent with the intent of the Contract Documents, shall not
entitle the Contractor to an Adjustment and shall be binding upon and be carried out
promptly by the Contractor.
(f)
Wherever, under the Contract, the Engineer is required to exercise discretion by:
4.2
(i)
rendering a decision, opinion or consent;
(ii)
expressing satisfaction or approval;
(iii)
determining value, or
(iv)
otherwise taking action which may affect the rights and obligations of the Town
or the Contractor, the Engineer shall do so impartially, consistently with the
terms of the Contract and having regard to all of the circumstances. Any such
decision, opinion, consent, expression of satisfaction or approval, determination
of value or action, may be opened up, reviewed or revised as provided in GC 8.
Observing the Work
The Engineer will visit the Site at intervals appropriate to the stage of construction to become
generally familiar with the progress and quality of the completed Work and to determine in
general if the Work is being performed in a manner indicating that the Work, when completed,
will be in accordance with the Contract Documents. However, the Engineer will not be required
to make exhaustive or continuous on-site inspections to check the quality or quantity of the
Work. On the basis of such on-site observations, the Engineer will keep the Town informed of
the progress of the Work, and will endeavor to guard the Town against defects and deficiencies
in the Work.
4.3
Engineer's Decision
Neither the Engineer's authority or responsibilities under GC 4 or under any other provision of
the Contract Documents, nor any decision made by the Engineer in good faith either to exercise
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or not to exercise such authority or responsibility, shall create, impose or give rise to any duty
owed by the Engineer to the Contractor, any Subcontractor, or to any surety for or employee or
agent of any of them.
5
ARTICLE 5 - PAYMENT AND COMPLETION
5.1
Progress Payments
(a)
At the end of each calendar month, or such other period as is agreed to between the
Engineer and the Contractor, the Contractor shall deliver to the Engineer a written
progress claim that describes the Work that has been completed and any material that
has been delivered to the Site but not yet incorporated into the Work since the last
progress claim, and, where requested by the Engineer, verification that the Contractor's
account with the Workers' Compensation Board is in good standing, together with the
statutory declaration referred to in GC 3.22(b).
(b)
The Engineer shall, within ten (10) days of receiving the Contractor's progress claim,
review the claim and prepare a certificate for payment which may take the form of an
endorsement on the progress claim.
(c)
Where the Contractor does not submit a progress claim or where the Engineer does not
endorse the Contractor's progress claim, the Engineer may calculate the progress
payment and prepare a certificate for payment by the Town. Where unit prices apply,
payment will be calculated on the basis of the unit prices specified in the Contract
Documents and the units of Work completed as determined by the Engineer. Where a
lump sum price applies, payment will be calculated on the basis of the Engineer's
estimate of the percentage of the Work completed
(d)
The certificate for payment will show, to the end of the period covered by the progress
claim, the estimated value of all labour and materials incorporated into the Work, HST
monies paid, all materials stored at the site and all Change Orders certified by the
Engineer. The certificate shall also show the aggregate of previous payments and the
amounts withheld. The gross amount shown on such certificate, less the aggregate of all
payments to date and sums withheld, shall become due and payable by the Town to the
Contractor within twenty (20) days following receipt by the Town of the progress
certificate.
(e)
The estimates referred to above shall not bind the Town or the Engineer in any manner
in the preparation of the final estimate of the Work done, but shall be approximate only
and shall in no case be taken as an acceptance of the Work or as a release of the
Contractor from the Contractor's responsibilities under the Contract.
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5.2
Contract Holdbacks
(a)
The Town will retain from all payments due and payable to the Contractor an amount
equal to ten (10%) per cent of the value of the Work actually done and materials
furnished by the Contractor according to the provisions of lien legislation.
(b)
If:
(i)
a certificate of substantial performance is validly issued by the Contractor or by a
subcontractor, and
(ii)
a period of forty-five (45) days has expired from the date of issue of that
certificate of substantial performance, and
(iii)
no lien has been registered against the title to the Site,
to
the Town may reduce the amount retained under GC 5.2(a) by an amount equal
ten (10%) per cent of the value of the Work actually done and materials actually
furnished under the Contract or under the sub-contract in respect of which the
certificate of substantial performance was issued.
(c)
The Town may withhold from monies owing to the Contractor an amount equal to the
Engineer's estimate of the value of all outstanding deficiencies.
(d)
Should either party fail to make payments as they become due under the terms of this
Contract or in an award of arbitration or judgment of a court, simple interest at the rate
of six (6%) per cent per annum (0.5% per month), on any unpaid amounts shall also
become due and be payable.
5.3
Substantial Completion
(a)
When the Contractor considers the Work ready to be used for its intended purpose, the
Contractor may apply in writing to the Engineer to issue a certificate of Substantial
Completion. The Contractor shall prepare and submit with its application a
comprehensive list of items to be completed or corrected and a statutory declaration as
per GC 3.22(b). The Contractor shall proceed promptly to complete and correct the
items on the list. Failure to include an item on this list does not alter the Contractor's
responsibility to complete the Work in accordance with the Contract Documents.
(b)
Following the receipt of an application from the Contractor for a certificate of
Substantial Completion, the Engineer shall, with reasonable promptness, make an
inspection and assessment of the Work. Within seven (7) days of the inspection, the
Engineer shall notify the Contractor of his approval, or reasons for disapproval, of
the application. If the Engineer determines that the Work is substantially completed, he
shall issue a certificate of Substantial Completion to the Town and the Contractor. A list
items to be completed or rectified shall accompany the certificate. If the Engineer does
of
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not consider the Work to be substantially completed, he shall list those items to be
completed or rectified of which the Engineer is aware.
(c)
The Town may deduct from the Contract Price, or any amounts due to the Contractor,
the costs associated with the Engineer being called upon to perform more than one
inspection for the purpose of determining Substantial Completion, when in the opinion
of the Engineer, the Work was clearly not yet substantially complete.
(d)
The certificate of Substantial Completion shall establish the date of Substantial
Completion and shall fix the time within which the Contractor shall finally complete or
correct all items on the list accompanying the certificate. Warranties required by the
Contract Documents shall commence on the date of Substantial Completion, unless
otherwise provided in the certificate of Substantial Completion.
(e)
In accordance with the procedure set out in this GC 5.3, the Contractor may request,
and the Engineer may, in its absolute discretion, issue a certificate of Substantial
Completion in respect of any part of the Work which has been both completed to the
satisfaction of the Engineer and which the Town has elected to occupy or use prior to
completion.
5.4
Final Completion
(a)
Following Final Completion of the Work, including any testing, the Contractor shall
provide the Engineer with the following:
(b)
(i)
a declaration that the Work has been completed in accordance with theContract
Documents;
(ii)
a declaration that no claims exist or the particulars of any claims relating to
personal injury or death or property loss or damage arising out of the Work, and
any alleged infringement by the Contractor of a patent or other property right in
performing the Contract;
(iii)
particulars of, or a waiver of, all outstanding claims against the Town, arising out
of the Work, and
(iv)
particulars of any costs arising out of the Work which have not yet been paid by
the Contractor or its Subcontractors.
Following receipt of the above documents, the Engineer shall, with reasonable
promptness, conduct an inspection and assessment of the Work to verify that the Work
has been completed in accordance with the Contract Documents. Within fourteen (14)
days of the inspection, the Engineer shall either issue a certificate of Final Completion to
the Town and the Contractor or a list of items to be completed or rectified, of which the
Engineer was aware. The Town may deduct from monies owed to the Contractor the
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costs associated with the Engineer being called upon to perform more than one (1)
inspection.
(c)
Receipt by the Contractor of the certificate of Final Completion shall entitle the
Contractor to payment in accordance with GC 5.5.
5.5
Final Progress Payment
(a)
The final progress payment certificate will be prepared following the issuance of the
certificate of Final Completion. The final progress payment certificate will show the total
amount payable to the Contractor, less any amounts retained.
(b)
Subject to any requirements of applicable lien legislation, the final progress payment
amount shall be paid by the Town to the Contractor within thirty (30) days following
receipt by the Town of the final progress payment certificate.
5.6
Right of Set-Off
Without limiting any right of set-off or deduction given or implied by law or elsewhere in
the Contract Documents, the Town may set-off any amount payable to the Town by the
Contractor against any amount payable to the Contractor under this Contract.
6
6.1
ARTICLE 6 - TIME AND DELAYS
Time of the Essence
The dates and time limits stated in the Contract Documents are of the essence of the Contract.
By executing the Contract, the Contractor confirms that the Contract Time is a reasonable
period for performing the Work.
6.2
Delays
(a)
Where a delay occurs in the progress of the Work and:
(i)
the delay is attributable to or within the control of the Contractor or its
Subcontractors, or was reasonably foreseeable by them at the time the Contract
was entered into, the Completion Date will not be adjusted. The Contractor will
be liable to the Town for all costs and expenses incurred by the Town, which are
a direct result of the delay, as well as for any losses resulting from the Town's
inability to utilize the Work for its intended purpose resulting from the delay,
and the Town may deduct such costs from payments owing to the Contractor
under the Contract;
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(b)
7
7.1
(ii)
the delay is due to an act or neglect by the Town, the Engineer, or other
contractor, or of an employee of any of them, then the Contractor may make a
Claim therefore, in accordance with GC 8.1, or
(iii)
the cause of the delay does not fall within the circumstances described in G6.2(a)
(i) or (ii), the Contractor may make a Claim for an Adjustment in theContract
Time, in accordance with GC 8.1. This shall be the Contractor's sole and exclusive
remedy for such delays.
In no event will adverse weather be considered to be a cause of delay beyond the
Contractor's or any Subcontractor's control or not reasonably foreseeable at the time
the Contract was entered into.
ARTICLE 7 - CHANGE ORDERS
Changes in the Work
a) Without invalidating the Contract, the Town may, through the Engineer, direct the
Contractor to make changes in the Work by adding to, deleting from or revising the Work.
b) Changes in the Work directed by the Town shall not be initiated without the prior written
authorization of the Town in the form of a Change Order executed by the Town provided
that if for any reason the Engineer considers it necessary to give such direction orally, the
Contractor shall comply with such direction. If the Engineer does not confirm the direction
in writing, before or after the Contractor Carries out the instruction, the Contractor may
confirm the direction in writing, and if no response is received from the Engineer within
seven (7) days thereafter, the oral direction shall be deemed to be a written direction of the
Engineer.
c) Upon receipt of a Change Order, or an oral instruction from the Engineer, the Contractor
shall promptly proceed with the Work involved under the applicable provisions of the
Contract Documents, except as specifically provided in the Change Order.
d) When no Change Order has been issued by the Engineer, and the Contractor claims that any
of the work being performed or proposed constitutes a change in the work, entitling the
Contractor to an Adjustment, the Contractor may make a Claim therefore in accordance
with GC 8.1.
e) If notice of any change in the Work is required by the provisions of any bond to be given to
a surety, the Contractor will be responsible for giving such notice, and the amount of each
applicable bond shall be adjusted accordingly. For the purposes of this provision,
the
Contractor will be considered to be the surety's agent.
f) Where a Unit Price Arrangement applies to the Contract or a part thereof, and the Unit
Price Arrangement sets out an estimated quantity for a particular class of work, the
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Engineer and the Contractor may, by an agreement in writing, amend any unit price
provided by the Contractor where the total quantity of the class of work covered by the unit
price is:
i) less than eighty five (85%) per cent of that estimated quantity; or
ii) in excess of one hundred fifteen (115%) per cent of that estimated quantity. Any
amendment under Article 7.1(e)(ii) shall apply only to those quantities of work that
exceed one hundred fifteen (115%) per cent. If the Engineer and the Contractor fail
to reach agreement, the Engineer shall determine the applicable unit of the work
and the price per unit shall be determined in accordance with Article 8.
7.2
Valuation of Changes
(a)
When a change results in a decrease in the Work, the Contract Price may be decreased
by an amount to be determined by the Engineer;
(b)
When a change causes an increase in the Work, the Contract Price may be increased in
accordance with this provision;
(c)
If the Contract specifies unit prices for changes to the Work, and the Engineer concurs in
their use on a particular change or portion thereof, then the Contractor shall be paid for
such change or portion, a sum determined by applying the unit prices to the actual units
of Work performed, as measured by the Engineer, determined after completion of the
Change;
(d)
Where the Contract specifies force account rates for labour, equipment and materials,
and the Engineer concurs in their use on a particular change or portion thereof, then the
Contractor shall be paid for such change or portion a sum determined by applying the
force account rates to the number of hours of labour and equipment expended and
quantities of materials utilized. The Contractor shall present records of the work done
to the Engineer for approval, at the times and in the manner specified by the Engineer;
(e)
If there are changes, or portions of changes, for which unit prices or force account rates
are not applicable or specified, then the Contractor shall propose to the Engineer a fixed
price for such changes or portions. Upon agreement by the Town on the amount
thereof, the proposed fixed price shall become the sum the Contractor shall be paid for
such change or portion;
(f)
If the Contractor and the Town are unable to agree on a fixed price under GC 7.2(e),
then the Contractor shall be reimbursed for the cost of performing the changes or
portions of changes on the following basis:
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(i)
wages, salaries and travelling expenses of the Contractor's employees while
actually engaged on the Work, excluding any and all expenses of head office
personnel;
(ii)
workers' compensation assessments, unemployment insurance premiums,
pension plan payments and paid holidays;
(iii)
rental cost of machinery and equipment that is used in the performance of the
Work, or an allowance for depreciation of machinery and equipment owned by
the Contractor;
(iv)
operation and maintenance costs for machinery and equipment used in the
performance of the Work, not including the costs of any repairs;
(v)
cost of materials necessary for and incorporated into the Work or consumed in
the performance of the Work;
(vi)
cost of premiums for all bonds and insurance;
(vii)
other expenses incurred by the Contractor as approved in advance by the
Engineer for the proper performance of the Work;
(viii)
Subcontractor costs calculated in accordance with GC 7.2(f) (i to vii) above; and
(ix)
an allowance for profit and all other expenditures or costs, including
overhead, general administration costs, financing and interest charges, and
every other cost, charge and expense, in an amount that is equal to twenty
(20%) per cent of the expenses referred to in GC 7.2(f) (i to vii) and equal to ten
(10%) per cent of the expenses referred to in GC 7.2(f) (viii).
(g)
Whenever the cost of any Work is to be determined in accordance with GC 7.2(f), the
Contractor will establish and maintain records in accordance with GC 3.25;
(h)
Pending final determination of cost, amounts not in dispute shall be included in progress
payments;
(i)
If the method of valuation of any increase cannot be promptly agreed upon, the
Engineer shall determine the method of valuation and issue a written authorization for
the change setting out the method of valuation.
7.3
Contingency Allowance
(a)
The Contract Price includes the contingency allowance, if any, stated in the Contract
Documents;
(b)
Expenditures under the contingency allowance shall be authorized in accordance with
GC 7.1, and the value shall be determined in accordance with GC 7.2;
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(c)
8
The unexpended portion of the contingency allowance shall be credited to the Town
upon completion of the Work.
ARTICLE 8 - DISPUTE RESOLUTION
8.1
Engineer's Decision
(a)
Where a Claim arises out of, or in connection with the Contract or the performance
of the Work, whether during the performance of the Work or after its completion and
whether before or after termination of the Contract, the Claim shall, in the first
instance, be referred in writing to the Engineer in accordance with this provision;
(b)
A written notice stating the general nature of the Claim shall be delivered by the party
making the Claim to the other party and to the Engineer promptly, and in no event later
than seven (7) days after the occurrence of the event-giving rise to the Claim. Any work
for which a claim has been made shall be kept readily accessible and shall not be
covered up without the express permission of the Engineer. Without restricting the
generality of the foregoing, the Contractor shall have no claim of any nature against the
Town following final completion unless the Contractor has first provided Notice under
GC 5.4(a)(iii).
(c)
Notice of the extent of the Claim with supporting data shall be delivered within fourteen
(14) days after such occurrence. The Contractor shall keep contemporary records as may
reasonably be necessary to support the Contractor's Claim, which may be inspected by
the Engineer as he deems necessary;
(d)
The Engineer shall review the information submitted, consult with the parties and make
reasonable efforts to obtain agreement between the Town and the Contractor
regarding the Claim. The parties agree that, both during and after the performance of
the Work, each of them shall use their best efforts to resolve any disputes arising
between them by amicable negotiations, and shall provide frank, candid and timely
disclosure of all relevant facts, information and documents to facilitate those
negotiations. The Engineer may request the parties to refer the matter to more senior
levels of management within their organizations in an effort to resolve the Claim;
(e)
Where the Town and the Contractor reach an agreement on the Claim, the Engineer will,
where appropriate, prepare a Change Order for the Town's approval, which shall be
sufficient to effect a change in the Contract, in accordance with the terms of the Change
Order and the Contract Documents;
(f)
If the Town and the Contractor cannot reach an agreement regarding the Claim, the
Engineer shall decide the matter and notify the parties in writing within seven (7) days
of his decision and in no event later than thirty (30) days following the date of the
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occurrence giving rise to the Claim. Valuation of Adjustments in the Contract Price shall
be determined by the Engineer in accordance with GC 7.2.
(g)
Unless the Contract has already been terminated, the Contractor shall, in every case,
proceed with the Work with all due diligence and the Town and the Contractor shall give
effect forthwith to every such decision of the Engineer unless and until the same shall
be revised, as hereinafter provided;
(h)
Where either party disputes the decision of the Engineer or where the Engineer fails to
notify the parties of his decision in accordance with GC 8.1(f) then either party may,
within fourteen (14) days of the date of the decision or within thirty (30) days of the
delivery of the claim under GC 3.1(b), as the case may be, by notice given to the other
party and to the Engineer, protest the decision of the Engineer or the failure of the
Engineer to notify the parties of his decision in accordance with GC8.1(f) and, in this
event, shall provide full reasons for such protest;
(i)
If the Contractor makes a protest under GC 8.1(h), any compliance by the Contractor
with the decision or direction that was protested shall not be construed as an admission
by the Contractor of the correctness of that decision or direction.
(j)
If the Engineer has given notice of his decision as to a matter in dispute to the parties
and no notice of protest has been given by either the Town or the Contractor within
fourteen (14) days, the Engineer's decision shall become final and binding upon the
parties;
(k)
No act by the claimant shall be construed as a renunciation or waiver of any of its rights
or recourse, provided that the claimant has given the required notices and carried out
the instructions specified. The presentation of a Claim shall not be grounds for delay or
interruption of the Work.
8.2
Dispute Resolution
(a)
Where either party has made a protest under GC 8.1(h), the parties within fourteen (14)
days after the Engineer has rendered his decision may agree to refer the matter or
matters in dispute to a single Arbitrator, in accordance with the Arbitration Act of
Ontario, subject to the following provisions:
(i)
the Arbitrator shall have the authority to call upon the Engineer to give evidence
during the arbitration proceedings, including all documentation prepared by the
Engineer or reviewed by him,
(ii)
the decision of the Arbitrator shall be final and binding upon the parties, (iii)
arbitration proceedings may be commenced prior to or after completion of the
Work, provided that the obligations of the Town, the Engineer and the
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Contractor shall not be altered by reason of the arbitration being conducted
during the progress of the work,
(iv)
before the arbitration proceeds on the substantive issues, a budget for the
proceedings shall be established by the Arbitrator and each party shall deposit,
as security for costs, a sum equal to half of such budget with the Arbitrator, who
shall thereupon deposit such funds in an interest bearing trust account with a
chartered bank. Subject to the award and payment of costs as hereinafter
provided, the balance of the security deposits and interest shall be properly
returned to the respective parties, and
(v)
the cost of arbitration may be awarded against the parties hereto or against any
one of them as the Arbitrator may decide.
(b)
If a Claim involves the Work of a Subcontractor, either the Town or the Contractor may
join such Subcontractor as a party to the arbitration between the Town and the
Contractor. The Contractor shall include in all its subcontracts a provision which
requires its Subcontractors to consent to being joined in arbitration between the Town
and the Contractor involving the Work of such Subcontractors. Nothing in this provision
nor in the provision of such subcontracts consenting to joinder shall create any claim,
right or cause of action in favour of the Subcontractors as against the Town or the
Engineer that does not otherwise exist;
(c)
If no notice of protest is received within the time limits set out in GC 8.1(h), the decision
of the Engineer shall be final and binding on the parties;
(d)
The Contractor agrees that it shall join other arbitration proceedings with respect to the
Project, as requested in writing by the Town;
(e)
The procedure and sequences outlined in GC 8.1 and 8.2 for the resolution of disputes
shall be strictly adhered to by both parties.
8.3
Litigation
If either party has made a protest in accordance with GC 8.1(h) and if the parties do not agree
to refer the matter or matters in dispute to a single Arbitrator in accordance with GC 8.2, either
party may choose to submit the dispute to litigation only in the courts of the Province of
Ontario.
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9
ARTICLE 9 - WITHDRAWAL, SUSPENSION AND
TERMINATION
9.1
Withdrawal of the Work
(a)
After giving the Contractor seven (7) days written notice within which the Contractor
may remedy any delay or default specified, the Town may, through the Engineer,
withdraw the Work from the Contractor where it is not diligently performing the Work
to the satisfaction of the Engineer or has not completed the Work within the time
specified in the Contract.
(b)
On withdrawal of the Work, the Town may:
(i)
take possession of all plant, equipment and materials on the Site and ordered by
the Contractor for the Work but not yet delivered to the Site, and
(ii)
complete the Work withdrawn from the Contractor.
(c)
Withdrawal of the Work by the Town does not terminate the Contract or the obligations
of the Contractor under the Contract.
(d)
The Contract Price will be reduced by the value of the Work withdrawn, as determined
by the Engineer. The Contractor shall be liable to the Town for all extra costs incurred by
the Town to complete the Work withdrawn from the Contractor and the Town may
deduct such costs from payments owing to the Contractor under the Contract.
9.2
Suspension of the Work
(a)
The Town may, through the Engineer, suspend the progress of the Work at any time by
giving the Contractor a written notice, which shall include the reason for the suspension;
(b)
Where such a suspension results in a delay in the progress of the Work, the rights of the
parties shall be determined in accordance with GC 6.2(a)(i), (ii) or (iii), and shall be based
on the reason for the suspension;
(c)
During the period of suspension, the Contractor shall protect, preserve and maintain the
Work in a manner satisfactory to the Engineer and shall not remove any part of the
plant, equipment and materials from the Site without prior written consent of the
Engineer;
(d)
Following the suspension, the schedule shall be revised by the Contractor, for approval
by the Engineer, and the Work completed as provided in the revised schedule;
(e)
Where the Work or any part thereof is suspended on the written instructions of the
Engineer and the suspension is not attributable to or within the control of the
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Contractor and if permission to resume Work is not given by the Engineer within a
period of thirty (30) days from the date of suspension, the Contractor may request
permission from the Engineer to proceed with the Work. If the Engineer does not grant
permission within fourteen (14) days from the receipt by the Engineer of the
Contractor's written request, the Contractor may, but is not bound to, elect to treat the
suspension, where it affects only part of the Work, as an omission of such Work by
giving a further notice to the Engineer to that effect, or, where it affects the whole of
the Work, treat the Contract as having been cancelled by the Town, in accordance with
GC 9.4.
9.3
Termination by Town
(a)
Without limitation, the following actions by or circumstances relating to the
Contractor shall constitute default on the part of the Contractor:
i) committing any act of insolvency or bankruptcy, voluntary or otherwise,
ii) having a receiver appointed on account of insolvency or in respect of any
property;
iii) making a general assignment for the benefit of creditors,
iv) failing to comply with or persistently disregarding statutes, regulations, by- laws or
directives of competent authorities relating to the Work,
v) failing to comply with any requests, instruction or direction of the Engineer, (vi)
failing to pay accounts relating to the Work as they come due,
vi) failing to prosecute the Work with skill and diligence,
vii) assigning or subletting the Contract or any portion thereof without the required
consent;
viii) failing or refusing to correct defective or deficient Work;
ix) being otherwise in default in carrying out any obligations under the Contract,
whether such default is similar or dissimilar in nature to the causes listed previously.
(b)
Notice that the Contractor is in default may be given verbally by the Town if the default
relates to GC 9.3(a) (i) to (iv) above. In the event of other defaults, the Town shall
provide to the Contractor seven (7) days written notice prior to exercising any rights
under GC 9.3(c).
(c)
If the Contractor is in default under the Contract, the Town shall be entitled to:
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(d)
(i)
take possession of all Work in progress, materials and construction equipment
at the Site, at no additional charge for the retention or use of the construction
equipment;
(ii)
eject and exclude from the Project Site all personnel of the Contractor and any
Subcontractor;
(iii)
terminate the Contractor's right to perform the Work and, at the Town's option,
terminate the Contract;
(iv)
finish the Work by whatever means the Town may deem appropriate under the
circumstances, and
(v)
withhold any further payments to the Contractor until the Contractor's liability
to the Town is ascertained.
The Contractor shall be liable to the Town for:
(i)
the extra expense of finishing the Work, including compensation of the Town for
additional engineering, managerial and administrative services;
(ii)
the cost of correcting deficiencies in that portion of the Work performed by the
Contractor;
(iii)
all other loss, damages and expense occasioned by the Town by reason of the
Contractor's default, and the Town may deduct such expenses and damages
from payments owing to the Contractor under the Contract.
(e)
Any action by the Town under GC 9 shall be without prejudice to the Town's other rights
or remedies under any security held by the Town for the performance of the Contract by
the Contractor.
9.4
Contract Cancellation
a) The Town shall have the right, which may be exercised from time to time, to cancel any
uncompleted or unperformed portion of the Work. In the event of such cancellation, the
Contractor shall be entitled to the following:
(i)
reimbursement at the Contract rate for all items completed and delivered;
(ii)
reimbursement for the actual cost to the Contractor of Work in progress and
expenses incurred in the course of the Work, plus an allowance of ten (10%)per
cent of such costs and expenses, and
(iii)
reimbursement for costs and expenses directly caused by the cancellation. (b)
Title to all Work for which reimbursement is made shall vest in the Town.
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b) The Town shall not be liable to the Contractor for consequential loss, loss of business
opportunity or loss of anticipated profit on the cancelled portion or portions of the Work or
arising in any way from cancellation.
c) This section shall not apply to situations in which the Town is entitled to terminate the
Contractor's right to perform the Work or to terminate the Contract by reason of default by
the Contractor.
9.5
Termination by Contractor
Where the Town is in substantial breach of the terms of the Contract, the Contractor may,
without prejudice to any other rights or remedies it has, terminate the Contract by giving the
Town ten (10) days' written notice, during which time the Town may remedy the breach.
10 ARTICLE 10 - BONDS AND WARRANTY
10.1 Obligations to Provide Contract Security
(a)
The Contractor shall provide the Town the surety bonds called for in the Contract
Documents not later than ten (10) days following receipt by the Contractor of the Notice
of Award.
(b)
Such bonds shall be issued by a duly licensed surety company authorized to transact the
business of surety ship in Ontario and shall be maintained in good standing until the
fulfilment of the Contract.
(c)
Prior to or at the time of making a claim under such bonds, the Town shall send written
notification to the Contractor, stating the nature of the default for which a claim is being
made.
10.2 Provision of Acceptable Contract Security
(a)
(b)
The Contractor shall deliver to the Town:
(i)
a performance bond and a labour and material payment bond each in an
amount that is equal to and not less than fifty (50%) per cent of the Contract
Price referred to in the Articles of Agreement, or
(ii)
a security deposit in an amount that is equal to ten (10%) per cent of the
Contract Price referred to in the Articles of Agreement.
The performance bond and the labour and material payment bond referred to in GC
10.2(a)(i) shall be in a form approved by the Town.
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Town of Tecumseh
LED Street Light Conversion – General Conditions
(c)
(d)
A security deposit referred to in GC 10.2(a)(ii) shall be in the form of:
(i)
an irrevocable letter of credit payable to the Town and in a form authorized by
the Town;
(ii)
a certified cheque or bank draft from a bank acceptable to the Town and made
payable to the Town; or
(iii)
Bid Bond.
The irrevocable letter of credit referred to in GC 10.2(c)(i) shall be held uncashed until
fourteen (14) days prior to its expiry date, unless the expiry date is extended for a
further term, beyond the Contract Completion Date stated in the Articles of Agreement.
If the expiry date is not extended for a further term, it may be cashed or otherwise
released to the Town.
10.3 Return of Security Deposit
(a)
Following issuance of the certificate of Substantial Completion, the Town may, in its
absolute discretion, release all or part of the security deposit referred to herein.
(b)
Following issuance of the certificate of Final Completion, the Contractor shall, subject to
the terms of the Contract, be entitled to the remainder of any security deposit.
(c)
Interest shall not be paid on security deposits.
10.4 Warranty
(a)
The Contractor warrants and guarantees that the Work is free from all defects or
deficiencies arising from faulty materials or workmanship in any part of the Work for the
period defined from the date of Substantial Completion of the Work, as certified by the
Engineer, or such longer period as may be specified for certain products or Work.
(b)
The Contractor shall promptly correct, at its own expense, defects or deficiencies in the
Work which appear prior to and during the warranty described in GC 10.4(a). The
Contractor shall make good or pay for all damages resulting from corrections made
under this provision.
(c)
Work performed to correct defects or deficiencies shall be warranted for the period
defined from the day said work was completed.
(d)
The Town or the Engineer shall, within a reasonable time, give the Contractor written
notice of observed defects and deficiencies.
(e)
If any defects or deficiencies in the Work appear at any time prior to the end of the
warranty period, the Engineer may instruct the Contractor, at the Contractor's expense,
to search for the cause thereof.
December 7, 2015
34
Town of Tecumseh
LED Street Light Conversion – General Conditions
(f)
In an emergency, or if the Contractor neglects for any reason to correct defects or
deficiencies within a reasonable time, the Town may perform the Work or direct
another party, on the Town's behalf, to do the Work. All costs associated with the
correction of such defects or deficiencies shall be paid for by the Contractor and the
Town may deduct such costs from amounts owing to the Contractor.
11 ARTICLE 11 - INDEMNIFICATION AND INSURANCE
11.1 Indemnification
(a)
The Contractor shall be responsible for all property at the Site of the Work, whether
incorporated in the Project or not, and for any portion of the Work until accepted and
occupied by the Town and shall indemnify and save harmless the Town and the
Engineer, their agents, officers and employees, from and against any loss or damage to
the property at the Site of the Work and to any portion of the Work until accepted and
occupied by the Town, except to the extent that the Town has specifically accepted such
responsibility pursuant to a provision of this Contract and from and against any loss or
damage resulting from actions, suits or proceedings by third parties that arise out of, or
are attributable to, the Contractor's negligence or the Contractor's performance of the
Contract. Such indemnity shall survive completion or termination of the Contract.
(b)
Nothing contained in the Contract Documents or any approval, express or implied, of
the Engineer or Town shall relieve the Contractor of any liability for latent defects or any
liability which may be imposed by law.
11.2 Policies of Insurance
Without restricting the generality of GC 11.1, the Contractor shall provide, maintain and pay for
the insurance coverages listed in this provision. Unless otherwise stipulated, the duration of
each insurance policy shall be from the date of commencement of the Work until the date of
issuance of the certificate of Final Completion. Prior to commencement of the Work, the
Contractor shall provide the Town with confirmation of coverage in a form satisfactory to the
Town and, if required, a certified true copy of the policies certified by an authorized
representative of the Insurer. The insurance coverages required are as follows:
(a)
Project Specific Wrap-Up - Contractor's Project Specific Wrap-Up Liability Insurance in an
amount of not less than Five Million ($5,000,000.00) Dollars per occurrence with a
property damage deductible not exceeding Two Thousand Five Hundred ($2,500.00)
Dollars. The insurance shall include, to the satisfaction of the Town:
(i)
the naming of the Contractor, the Town, the Engineer and all Subcontractors as
additional named insureds;
December 7, 2015
35
Town of Tecumseh
LED Street Light Conversion – General Conditions
(ii)
a standard non-owned automobile policy;
(iii)
a blanket contractual liability endorsement;
(iv)
coverage for products and completed operations;
(v)
coverage for Cross Liability.
To achieve the required limit, umbrella or excess liability insurance may be used. All liability
coverage shall be maintained for completed operations hazards from the date of Final
Completion of the Work, as set out in the certificate of Final Completion, on an ongoing basis
for a period of not less than twenty-four (24) months from the date of such certificate. The
policy shall provide that the rights of the Town shall not be prejudiced by any default or
violation by the Contractor or other insured person and the Contractor shall provide a certified
copy of the policy to the Town within fifteen (15) days of the commencement of the Work.
(b)
Automobile Liability Insurance - Automobile liability insurance (Owner's Form) in respect
of all vehicles used in the performance of the Contract, with limits of not less than Two
Million ($2,000,000.00) Dollars inclusive per occurrence for bodily injury, death, and
damage to property.
(c)
Property and Boiler and Machinery Insurance:
(i)
“All Risks” Course of Construction property insurance, which: Shall be in the
joint names of the Contractor, the Town and the Engineer, insuring not less
than the sum of the amount of the Contract Price and the full value of all labour,
plant, equipment and materials that are to be provided by the Town for
incorporation into the Work, with a deductible not exceeding Ten Thousand
($10,000.00) Dollars. The insurance provided shall be no less broad than the
insurance provided in IBC Form 4042 or its equivalent replacement and shall be
maintained continuously until the date the certificate of Final Completion is
issued or an earlier date specified by the Town. Shall allow for partial or total use
or occupancy of the Work.
(ii)
If applicable, the Contractor shall provide boiler and machinery insurance
insuring not less than the total value of the Work;
(iii)
All policies under GC 11.2c) shall provide that, in the event of a loss or damage,
payment shall be made to the Town and the Contractor as their respective
interests may appear. The Contractor shall act on behalf of the Town for the
purpose of claiming the amount of loss or damage from 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 a reasonable extension
December 7, 2015
36
Town of Tecumseh
LED Street Light Conversion – General Conditions
of Contract Time relative to the extent of the loss or damage in accordance with
the terms of the Contract.
(d)
Contractor's Equipment Insurance - The Contractor shall give proof of insurance in a
form acceptable to the Town of "all risks" Contractor's equipment insurance covering
construction machinery and equipment used by the Contractor for the performance of
the Work, including boiler insurance on temporary boilers and pressure vessels.
(e)
Errors and Omissions Liability Insurance - Where specified in the Tender Documents, the
Contractor shall obtain, in a form acceptable to the Town, Errors and Omissions Liability
Insurance in the amount specified in the Tender Documents.
11.3 Insurance - General
(a)
All required insurance policies shall be with insurers licensed to underwrite insurance in
Ontario, signed by representatives licensed to do so for insurance in Ontario and shall
waive every right of subrogation by the insurer against the Town and, in the case of GC
11.2(d), against the Contractor.
(b)
If the Contractor fails to provide or maintain insurance as required by this General
Condition or elsewhere in the Contract Documents, then the Town shall have the right
obtain and maintain such insurance. The Contractor shall pay the cost thereof to the
Town on demand or the Town may deduct the cost from monies, which are due or may
become due to the Contractor.
to
(c)
If an insurer fails or refuses to pay any claims under an insurance policy covering the
activities of the Contractor or a Subcontractor relating to or arising out of the Work, the
Contractor shall not be released from any liability arising under the Contract.
(d)
The Contractor shall be responsible for deductible amounts under the policies except
where such amounts may be excluded from the Contractor's responsibility in
accordance with the Contract Documents.
(e)
Each of the insurance policies mentioned in GC 11 shall be endorsed to provide the
Town with not less than thirty (30) days written notice in advance of any cancellation,
change or amendment restricting coverage.
END OF GENERAL CONDITIONS
December 7, 2015
37
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
1
SUMMARY OF WORK
.1
In general terms, the Work required by the Town of Tecumseh (the “Town”) to be
completed under this Contract consists of the removal of approximately 2,367
existing HPS streetlight luminaires and installation of new LED streetlight luminaires,
in accordance with the terms of this Contract. The Contractor will supply all
necessary operating equipment, tools, supervision, and personnel required for the
safe removal of the HPS luminaires, and the installation of the new LED luminaires.
.2
The new LED luminaires will be installed onto the existing streetlight poles. The
existing streetlight infrastructure (poles, arms and wiring) will remain in their existing
location and existing condition. There will be no relocations or modifications to the
existing streetlight infrastructure unless noted otherwise noted.
.3
The Work to be completed under this Contract includes, but is not limited to, the
following:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
2
SECTION 01110
SUMMARY OF WORK
PAGE 1 OF 7
“Prime Contractor” responsibilities.
Project management and coordination.
Mobilization and Demobilization.
Providing Traffic Accommodation.
Disposal of existing HPS streetlight
Installation of new LED streetlight luminaires and photocells as supplied by
the Town. The work shall include pick-up, storage of the luminaires,
unpacking and disposal of boxes.
Confirming new LED streetlight luminaires function properly as per
specifications.
Repairing existing streetlight infrastructure when necessary for the proper
installation of the new LED luminaires and upon prior approval from the
Town. This work is covered under the Provisional Sum.
Resolving any non-compliant or deficient LED luminaire installations in a
timely manner, including the following Work:
a.
Notifying the Town of the non-compliant LED luminaire installation.
b.
Troubleshooting to identify the cause of the non-compliance and the
required corrective action, in co-ordination with the Town and
Electrical Utility.
c.
When directed by the Town, performing the required corrective
action, including any adjustments and/or repairs to existing streetlight
infrastructure as approved by the Town.
Coordination of work with Electrical Utility as required for field inspections.
Submittal of Record Drawings and Installation Spreadsheet to the Town
following substantial completion of the project.
CONTRACT TERM
.1
December 7, 2015
The Contract and work shall be completed by May 1, 2016. During this initial contract
term, the Contractor will be responsible to install approximately 2,367 LED luminaires
and remove and dispose of the existing luminaires removed.
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
.2
3
SECTION 01110
SUMMARY OF WORK
PAGE 2 OF 7
The Town also reserves the right to use this Contract for future subdivision and/or
new road construction projects, therefore additional quantities may result.
DESCRIPTION OF WORK
.1
.2
SCHEDULE
.1
The work shall be completed within 1 month of receipt of luminaires.
.2
Within ten (10) days of the date of Notice of Award, the Contractor is required to
provide the Town with a detailed work plan and schedule in accordance with the
requirements of Section 01320 – Project Management and Coordination of this
Contract. The schedule shall contain the Contractor’s anticipated Contract
completion date.
.3
Work must commence immediately following the Pre-Construction meeting, and
shall continue uninterrupted until completion.
TRAFFIC ACCOMODATION
.1
.3
The Contractor shall provide all required Traffic Accomodation for the duration of the
work, in accordance with the provisions of Section 01570 – Traffic Control.
STAGING AREA
.1
The Town will provide a Staging Area where the Contractor will pick up the new LED
luminaires and drop off the old HPS luminaires. The address for the staging area is:
Town of Tecumseh
Public Works Yard
1189 Lacasse Boulevard
Tecumseh, ON N8N 2C7
.2
The Contractor will be responsible for loading and unloading of all materials within
the Staging Area, removing all packaging material from the LED luminaires, and
placing the packaging into a waste bin receptacle provided by the Contractor.
.3
The Contractor shall keep the Staging Area clean and tidy to the satisfaction of the
Town.
.4
The Staging area is available to be accessed during the hours of 7:00 AM to 3:00
PM local time, Monday through Friday.
.5
The Contractor shall notify Town Stores a minimum of 48 hours in advance of
accessing the Staging Area.
.6
The Contractor will be responsible for safeguarding and securely storing all Town
supplied materials after removal from the Staging Area, to prevent theft and to
ensure public safety. It is the Contractor’s responsibility to replace at their cost any
LED luminaires which are stolen, misplaced or damaged while in their possession
December 7, 2015
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
SECTION 01110
SUMMARY OF WORK
PAGE 3 OF 7
prior to installation.
.7
.4
SALVAGE & RECYCLING OF EXISTING HPS LUMINAIRES
.1
.5
The Contractor will be responsible for securing a separate staging area for all other
equipment and materials that are required to complete the work.
The contractor shall dispose of all luminaires and lamps at an approved recycling
facility.
INSTALLATION OF NEW LED LUMINAIRES
.1
The Contractor will be responsible for installing the new LED luminaires, including
pick-up and transport from the Staging Area to the work site, and installation on the
correct pole as per the Contract drawings.
.2
The LED luminaires will be individually packaged and marked by a label and/or
inventory sheet in order for the Contractor to be able to identify the correct location
for installation.
.3
The Contractor shall perform the following tasks prior to installation:
.1
Visually inspect the LED luminaire and notify the Town of any manufacturer
flaws and defects. If the defect is covered under warranty, the Town will
return to the manufacturer for repair/replacement. If not, the Town shall direct
the Contractor on the course of action.
.2
Verify that the voltage of the LED luminaires matches the line voltage in the
field prior to installation. The LED luminaires are rated for 120-277V
operation.
.4
The Contractor shall ensure that the LED luminaire manufacturers’ installation
instructions are followed in all cases during installation.
.5
The Contractor shall install the LED luminaires so that manufacturers’ and CSA
labels are clearly visible and legible.
.6
Unless otherwise directed, the Contractor shall use a level to ensure that all LED
luminaires and other equipment are installed level.
.7
The Contractor shall utilize the existing infrastructure (electrical wiring, mounting
arm, etc.) when installing the new LED luminaires.
.8
The Contractor shall schedule work in all areas to ensure that lighting in those areas
is fully operational for the following evening.
.9
The Contractor shall comply with authorities and ensure that, when carrying out the
Work, electrical workers are completely familiar with electrical circuits and equipment
and their operation. Before undertaking any work, co-ordinate required energizing
and de-energizing of circuits with the Town. At all times, observe electrical safety
procedures and take necessary precautions to ensure safety to personnel working
December 7, 2015
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
SECTION 01110
SUMMARY OF WORK
PAGE 4 OF 7
under the contract, as well as safety to other personnel at the site.
.10
.11
.6
“High Priority” Deficiencies: The Contractor may encounter deficiencies with the
existing streetlight infrastructure that require immediate repair prior to installation of
the new LED luminaire to ensure correct operation of the luminaire. The Contractor
shall follow the below procedure in the event of identifying a “high priority” deficiency:
.1
The Contractor will notify the Town of the deficiency immediately after
discovery and specify the repairs and materials necessary to repair the
deficiency.
.2
The Town will assess the required repairs and issue an instruction to the
Contractor whether to proceed with repairs, including approval for additional
costs if applicable. The Town reserves the right to provide the Contractor with
new materials for the repair, or to request the Contractor to supply the
materials. Where wiring is required, RW90 stranded copper wire of minimum
gauge #12 shall be installed.
.3
The Contractor shall record and maintain a separate written list of the “high
priority” deficiencies, including a brief description, location, and repairs
completed. This list will form part of the record drawings and be submitted to
the Town at time of substantial completion.
.4
The Town may request to review the deficiency list at any time during the
Work.
.5
Salvaged controls and/or damaged infrastructure will become the property of
the Contractor. The Contractor shall ensure that any disposed material meets
all Ontario Environment’s requirements.
“Low Priority” Deficiencies: The Contractor may encounter deficiencies with the
existing streetlight infrastructure that do not require repair, however may be of future
concern to the Town. The Contractor shall follow the below procedure in the event
of identifying a “low priority” deficiency:
.1
The Contractor shall record and maintain a separate written list of the “low
priority” deficiencies, including a brief description, location, and repairs
necessary. This list will form part of the record drawings and be submitted to
the Town at time of substantial completion.
.2
At the Contractor’s discrection, they may notify the Town of any low priority
deficiency to discuss if immediate repairs are required. The Town may
choose to proceed with immediate repairs or defer to a later date.
.3
The Town may request to review the deficiency list at any time during the
Work.
INSTALLATION OF NEW PHOTOCELLS
.1
December 7, 2015
The Contractor shall install photocells on all LED luminaires.
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
4
5
SUBSTANTIAL COMPLETION
.1
The Contractor shall advise the Town when the work has been substantially complete
and shall review all completed work with the Town for the purposes of final inspection and
commissioning. Any deficiencies identified shall be promptly corrected to the satisfaction
of the Town.
.2
Before the application for Substantial Completion of the Work review, the Contractor shall
submit written confirmation that all wiring devices, LED streetlight luminaires, and other
equipment are operational, plumb, and clean.
WARRANTY
.1
6
SECTION 01110
SUMMARY OF WORK
PAGE 5 OF 7
The Contractor shall provide, in writing, a 2-year warranty on all workmanship.
GENERAL REQUIREMENTS
.1
SAFEGUARD WORKZONE
.1
.2
.3
The Contractor must preserve existing structures, utilities and buildings and other
infrastructure adjacent to the work area. Repair and replace any item that is
damaged as a result of Contractor’s activities at no cost to the Town. The Contractor
shall conduct all his operations within existing right-of-ways, easements and the
Town's property. The Contractor shall make compensation for any damages
occurring outside the right-of-way, easements and the Town’s property.
HOURS OF WORK
.1
The Contractor shall perform the Work in conformity with all municipal bylaws,
provincial and federal legislation with respect to noise control, hours of work,
accommodation of traffic, night work and holiday work.
.2
Applicable local hours of work shall not exceed beyond 7 a.m. to 8 p.m as stated in
the Towns noise bylaw.
.3
Permission of the Town does not relieve the Contractor of the responsibility for
attaining necessary permission from local governing agencies.
.4
Should the Residents in the area object to the noise and or other nuisance
associated with night work, the Contractor shall discontinue his night work
immediately, and notify the Town immediately on the following day.
HAZARDS AND WEATHER CONDITIONS DURING CONSTRUCTION
.1
December 7, 2015
The Contractor shall take precautionary steps to prevent weather conditions or other
factors beyond his control from adversely affecting the construction from the time the
work commences until it is completed. Additional work made necessary because of
inadequate protection will remain the Contractor's responsibility to make good at no
cost to the Town.
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
.2
7
8
The Ontario Occupational Health and Safety Act is to be strictly adhered to and
construction safety measures to be enforced by the Contractor.
MINIMUM QUALIFICATIONS & REQUIREMENTS
.1
Contractor shall ensure the work is performed by qualified and certified tradesmen
as set out in the Electrical Safety regulation within the Electrical Safety Act.
.2
Contractor shall comply with the current Canadian Electrical Code, including all
Provincial and Municipal amendments, any local by-laws or rules and regulation
requirements of utility companies regulating the installation of electrical equipment.
.3
Contractor shall meet all requirements of the Ontario Safety Authority.
.4
Contractor shall include, as part of their bid submission, a list showing names and
qualifications of supervisory personnel that will be assigned to this project.
WORK BY OTHERS
.1
9
SECTION 01110
SUMMARY OF WORK
PAGE 6 OF 7
INSPECTION OF THE WORK
.1
The Contractor shall grant the Town and its duly authorized representative’s free and
uninterrupted access to any and all parts of the construction for the purpose of
making inspections.
.2
The Town Electrical Utility will be performing inspections for the work specified in this
Contract. The Contractor shall cooperate with the Electrical Utility to ensure that the
Construction Schedule submitted and maintained by the Contractor is communicated
to the Electrical Utility in order for the Electric Utility to schedule their inspections.
MATERIALS
.1
The Town will supply the LED streetlight luminaires for the Contractor to install. The
Contractor shall pick up the materials at the Staging Area.
.2
Unless otherwise indicated, all materials supplied by the Contractor shall be new,
CSA approved, and of the quality expected for Town standards.
10 DRAWINGS AND SPECIFICATIONS
.1
The Town will provide to the Contractor two (2) full size and four (4) half size copies
of the Drawings and an “Inventory Spreadsheet” in Microsoft Excel (.xls) electronic
format. The drawings and spread sheet will contain the installation locations and
types of LED luminaires to be installed.
.2
The Contractor shall pay for additional copies of drawings and specifications if
required.
.3
The Contractor shall maintain at site one complete set of marked up record drawings
and specifications, and make available to the Town upon request at any time.
December 7, 2015
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
SECTION 01110
SUMMARY OF WORK
PAGE 7 OF 7
11 SUPPLEMENTARY DRAWINGS
.1
Town will, upon request; furnish supplementary drawings to assist proper execution
of work. Such drawings will be issued for clarification only and will have same
meaning and intent as if included with plans referred to in Contract Documents.
END OF SECTION
December 7, 2015
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
1
1.1
SECTION 01270
MEASUREMENT AND PAYMENT
PAGE 1 OF 2
GENERAL
1.
For each Unit Price item, the Town will calculate payment based on tendered Unit
Price and City’s determination of units of each work item completed.
2.
For Lump Sum Price item, the Town will calculate payment based on tendered
price and City’s estimate of percentage of work completed.
3.
Notify the Town sufficiently in advance to permit required measurement for
payment.
4.
Any work that is necessary to complete the Contract as per the specifications
and/or the drawings, but is not specified in the tender form “Appendix A” as an
item for which payment will be made, shall be considered necessary but
incidental to the work, and no additional payment will be made for this incidental
work.
MEASUREMENT AND PAYMENT CLAUSES
1.2.1. General Requirements
This Lump Sum item to include:
December 7, 2015
.1
All costs associated in administering the work in a safe manner in
accordance with the provisions of Section 01500 – Safety
Requirements, including but not limited to: safe guarding the work areas
including prime contractor responsibilities, safety program, temporary
paths, temporary barriers, delineators, barricades, flashing lights, signage,
and other measures required to protect the public from the worksite and
to provide access at intersecting streets.
.2
All costs associated with mobilizing, maintaining and demobilizing the site.
.3
Specified insurance, equipment, operating overhead, and costs required
to maintain the workforce on site.
.4
All site survey as necessary to execute the work.
.5
All regulatory and other approvals and permits required to execute the
work.
.6
All submittals, with the exception of traffic accommodation plans, including
but not limited to: record drawings and inventory spreadsheet, work plans
and schedules, minutes of safety meetings.
.7
Restoring and clean-up of the work site to a pre-condition state.
.8
Measurement and Payment for the Work in this section will be based on
the Lump Sum Price in Appendix A. Twenty five percent (25%) of the
tender amount for this item will be paid upon submittal and acceptance of
work plan and schedule. Fifty percent (50%) will be paid based on the
percentage of construction complete. The remaining twenty five percent
(25%) will be paid following submission of record information and
completion of all restoration and demobilization work. Mobilization will only
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
SECTION 01270
MEASUREMENT AND PAYMENT
PAGE 2 OF 2
be paid once, regardless of the number of times the contractor mobilizes.
1.2.2. Traffic Accommodation
.1
This Lump Sum item to include all costs associated in administering the
Traffic Accommodation in accordance with the provisions of Section
01570 – Traffic Control, including but not limited to: developing Traffic
Accommodation Plans for submittal and approval by the Town, and all
work associated in installing and maintaining the construction detours and
temporary traffic control devices as per the approved TAPs.
.2
Measurement and Payment for the Work in this section will be based on
the Lump Sum Price in Appendix A.
1.2.3. LED Luminaire Installation
.1
The Unit Price bid for LED Luminaire Installation shall be full
compensation for all equipment, labour and materials necessary to
complete the work and shall include; pick up and transport of the new LED
luminaires to the work site, removal and transport of the existing HPS
luminaires to the staging area, installation of new LED luminaires, coordination with other trades and the Electric utility as detailed in the
contract documents or as approved by the Town.
The below information is provided as a guideline only, however is
intended to give the typical installation characteristics for each type of LED
luminaire. It does not cover all existing Town streetlight installations,
.2
Measurement and Payment will be based on each LED luminaire
installed as measured in the field, multiplied by the Unit Price in Appendix
A.
1.2.4. Electrical Work (Provisional)
.1
The Unit Price bid for Electrical work shall be full compensation for all
equipment, labour and materials necessary to complete the work and
shall include; troubleshooting of non-compliant installations, determining
cause of non-compliance, notification to the Town, and completing repairs
and adjustments as necessary to resolve the non-compliance upon
permission from the Town.
.2
Measurement and Payment will be based # of hours as per daily work
report timesheets, multiplied by the Unit Price in Appendix A.
END OF SECTION
December 7, 2015
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
1.1
1.2
PROJECT COORDINATION
.1
The Contractor shall coordinate progress of the Work, progress schedules,
submittals, use of site, temporary traffic accommodation plans & approvals,
coordinate subcontractors, and arrange delivery of materials to the Work site.
.2
Coordination with utility companies, the Town’s forces and all others by the
Contractor shall be considered incidental to the Work of the project, and no
additional or separate payment shall be made.
.3
Additional payment will not be made for standby related to project co-ordination
between Contractor and sub-contractors or others.
CONSTRUCTION WORK PLAN & SCHEDULE
.1
.2
1.3
SECTION 01320
PROJECT MANAGEMENT AND COORDINATION
PAGE 1 OF 4
Within ten (10) calendar days after Notice of Award is received, the Contractor
shall prepare and submit a complete and detailed Construction Work Plan and
Schedule for review to the Town.
1.
The Construction Work Plan must display each phase of the Work
separately, and the order in which the phases will be completed in to
finish the Work.
2.
The Construction Schedule shall be aligned with the work plan and
provide the Contractor’s anticipated completion date for each phase of the
Work.
The Construction Work Plan and Schedule is subject to approval by the Town. If
any revisions are deemed necessary by the Town, the Contractor shall revise the
schedule at no additional cost to the Town.
PROGRESS REPORTS
.1
The Contractor shall maintain an accurate record of the progress of the Work.
.2
The Contractor shall submit an updated and current status report to the Town at
each Construction Progress Meeting, addressing each component of the work
identified on the approved Construction Schedule.
.3
The reports shall state dates of commencement and percentage of work
completed for each component of the Work, and include particulars regarding
daily weather conditions, number of workers for each trade, percentage of work
completed weekly and shall be aligned with the approved Construction Work
Plan and Schedule.
.4
The reports shall explain any delay reflected in the Construction Schedule and
the corrective actions which are being taken to maintain progress on schedule.
December 7, 2015
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
1.4
DAILY WORK REPORTS & INSTALLATION TALLY SHEETS
.1
The Contractor shall submit to the Town a daily work report and installation tally
sheet each day that the Contractor performs any work on-site.
.2
The daily work reports and installation tally sheets will be provided to the
Contractor by the Town immediately following Notice of Award. The report and
tally sheet will contain the following information at minimum:
1.
2.
3.
4.
The location, quantity, model #, wattage for each LED luminaire installed
on that day.
A list of all the equipment and personnel on-site that day.
The weather conditions.
A description of any delays due to weather or unforeseen circumstances.
On a daily basis, the Town’s Project Manager and the Contractor’s representative
shall both:
.3
1.
2.
1.5
SECTION 01320
PROJECT MANAGEMENT AND COORDINATION
PAGE 2 OF 4
Review the daily work report and tally sheet to verify the contents are
correct.
Sign the daily work report and tally sheet to confirm that each party
accepts the contents to be correct.
SUBMITTALS
The Contractor shall in a prompt manner provide the Town with the following required
submittals:
.1
.2
CERTIFICATES
.1
Immediately after award of Contract, submit Workers' Compensation Board
status and Certificates of Insurances. Prior to commencing the Work, the
Contractor shall provide the Town with Certificates of Insurance; AODA and
Contractor Accountability documents in a form acceptable to the Town.
.2
The Contractor must furnish a Letter of Clearance from the Workers’
Compensation Board (WCB) and, a Statutory Declaration with each
Progress Payment application.
TRAFFIC ACCOMMODATION PLANS
.1
.3
CONSTRUCTION SCHEDULE & WORK PLAN
.1
.4
December 7, 2015
The Contractor shall submit Traffic Accommodation Plans for each work
zone set up to the Town for approval, in accordance with the provisions of
Section 01570 – Traffic Control.
The Contractor shall submit a Construction Schedule and Work Plan in
accordance with the provisions of Part 1.2 of this section.
DAILY WORK REPORT & TALLY SHEETS
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
.1
.5
.7
The Contractor shall submit a Daily Work Report and Tally Sheets in
accordance with the provisions of Part 1.4 of this section.
SAFETY MEETING MINUTES
.1
.6
The Contractor shall submit Safety Meeting Minutes in accordance with the
provisions of Section 01500 – Safety Requirements.
RECORD DRAWINGS
.1
After Notice of Award, the Town will provide the Contractor with two (2) sets
of drawings for purpose of maintaining record drawings.
.2
During progress of the work, the Contractor shall accurately and neatly
record in red ink any changes from Contract Documents caused by site
conditions and/or field orders by the Town, onto one set of drawings
labelled as “Record Drawings”. Typical information shall include:
.1
Deviations in standard installation procedures or wiring.
.2
Field changes of specified type of Luminaire, wattage and/or driver
current.
.3
Changes made by Change Order or Field Order.
.3
The Contractor shall maintain the “Record Drawings” in good condition,
keep continuously updated and make available for inspection by Town.
.4
On completion of Work and prior to final inspection, the Contractor shall
submit the “Record Drawings” to the Town.
INVENTORY SPREADSHEET
.1
After Notice of Award, the Town will provide the Contractor with an Excel
spreadsheet in electronic file format (filetype “.xls”) to record and track the
quantities and location of the new LED luminaires which have been
installed.
.2
The Town will use the “Inventory Spreadsheet” to confirm energy billing and
record drawing information upon Project completion.
.3
During progress of the work, the Contractor shall update the spreadsheet
on a regular basis by filling in the required information. Typical information
shall include:
.1
.4
December 7, 2015
SECTION 01320
PROJECT MANAGEMENT AND COORDINATION
PAGE 3 OF 4
The location, quantity, model #, wattage for each LED luminaire
installed.
The Contractor shall maintain the “Inventory Spreadsheet”, by keeping it
continuously updated and make available for inspection by Town.
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
.5
1.6
1.7
SECTION 01320
PROJECT MANAGEMENT AND COORDINATION
PAGE 4 OF 4
On completion of Work and prior to final inspection, the Contractor shall
submit the “Inventory Spreadsheet” to the Town.
PRE-CONSTRUCTION MEETING
.1
Pre-construction meeting will be arranged by the Town after award of the
Contract to discuss and resolve administrative procedures and responsibilities.
.2
Meeting will be held at the Town’s designated office, or at an alternate location at
or near the site.
.3
Representatives of the Town, Contractor, Major Subcontractors, Field Inspectors
and Supervisors shall be in attendance.
.4
After the time and location of this meeting has been established with the Town,
the Contractor shall notify all parties concerned a minimum of two (2) days before
the meeting.
.5
The Town will chair and record discussions and decisions, and circulate the
meeting record to all parties concerned.
CONSTRUCTION PROGRESS MEETINGS
.1
Progress meetings will be held on a regular basis as determined at the preconstruction meeting or as requested by the Town.
.2
The Town will give to all parties advance notice of meeting dates, times and
locations.
.3
The Contractor shall have in attendance the Superintendent, the Project
Manager, and representatives of the Subcontractors if requested by the Town.
.4
Record of meeting will be taken by the Contractor, and copies will be distributed
to attendees.
END OF SECTION
December 7, 2015
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
1.
2.
GENERAL
.1
The Contractor shall be responsible for the safety of all persons and property on or
about the project and for ensuring that the Work is performed in accordance with
all applicable safety requirements.
.2
Without in any way limiting the generality of the foregoing, the Contractor shall
comply fully with the following provisions.
NOTICE
.1
3.
4.
The Contractor shall provide at least seventy-two (72) hours written notice to all
utility companies and property owners in the immediate vicinity of his operations
prior to the commencement of construction and shall, if requested, cooperate with
such parties in the protection, removal or relocation of their installations and
property.
SAFETY PROGRAM
.1
The Contractor shall develop, maintain and supervise for the duration of the Work
a comprehensive safety program that will effectively incorporate and implement all
required safety precautions. The program shall, as a minimum, respond fully to
the requirements of all applicable laws, ordinances, rules, regulations and orders
and general construction practices for the safety of persons or property, including
without limitation any general safety rules and regulations of the Owner and any
Workers' Compensation or Occupational Health and Safety legislation or
regulations that may be applicable.
.2
The Contractor shall provide two copies of the safety program to the Town for
review prior to the commencement of construction.
SAFETY OFFICER
.1
5.
SECTION 01500
SAFETY REQUIREMENTS
PAGE 1 OF 3
The Contractor shall designate a safety officer who shall be qualified and
authorized to supervise and enforce compliance with the safety program.
SAFETY MEETINGS
.1
The Contractor shall arrange regular safety meetings at his expense. Such
meetings shall occur no less frequently than once per week. The Contractor shall
record the minutes of such meetings and maintain a complete file for review by the
appropriate authorities.
December 7, 2015
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
6.
7.
SAFETY EQUIPMENT
.1
The Contractor shall supply and maintain, at his own expense, at his office or other
well known place at the job site, safety equipment necessary to protect the workers
and general public against accident or injury as prescribed by the governing
authorities.
.2
Provide for the use of the Town safety equipment such as ropes, safety belts,
combustible/hazardous gas and oxygen depletion protective equipment. Provide
casual labour to Town's staff when access is required to areas which may be
hazardous.
FIRE PREVENTION AND PROTECTION
.1
8.
The Contractor shall perform all Work in a fire-safe manner. He shall comply with
all applicable governmental requirements and, without limiting the generality of the
foregoing, shall supply and maintain at the job site adequate and proper firefighting equipment.
NIGHT WORK
.1
9.
SECTION 01500
SAFETY REQUIREMENTS
PAGE 2 OF 3
Night work will only be performed by the Contractor if permission is given
beforehand by the appropriate authorities. When work is carried out at night, the
Contractor shall supply a sufficient number of electric or other approved lights to
enable the Work to be done in a safe and satisfactory manner.
ACCIDENTS AND ACCIDENT REPORTS
.1
Except as otherwise agreed to in the Contract, the Contractor shall supply and
maintain all articles necessary for giving first-aid to any person who may be injured
on the job site and shall establish an emergency procedure for the immediate
removal of any injured person to a hospital or a doctor's care in accordance with
applicable legislative and regulatory requirements.
.2
The Contractor shall promptly report in writing to the appropriate authorities and
the Town all accidents of any sort arising out of or in conjunction with the
performance of the Work whether on or adjacent to the job site, giving full details
and statements of witnesses. If death or serious injuries or damages are
December 7, 2015
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
SECTION 01500
SAFETY REQUIREMENTS
PAGE 3 OF 3
caused, the accident shall be promptly reported by the Contractor to the Town by
telephone or messenger in addition to any reporting required under local laws and
regulations.
.3
10.
GUARD RAILS AND BARRICADES
.1
11.
If a claim is made by anyone against the Contractor or any subcontractor on
account of any accident, the Contractor shall promptly report the facts in writing to
the Town, giving full details of the claim.
Construct and maintain any guard rails, barricades, pedestrian access ways and
safety protection devices required in connection with the Work.
OCCUPATIONAL HEALTH & SAFETY ACT
.1
The Contractor shall be the Prime Contractor for the Project pursuant to the
applicable legislation and shall have primary responsibility for the safety of all
workers and equipment on the Project in accordance with such legislation.
End of Section
December 7, 2015
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
SECTION 01570
TRAFFIC CONTROL
PAGE 1 OF 4
1. General
1.1.
DESCRIPTION
.1
1.2.
This section specifies requirements for the control of traffic through the effective
use of traffic accommodation plans, construction detours, traffic control devices,
adherence to safety requirements, and notification of residents.
STANDARD SPECIFICATIONS
.1
Ontario Traffic Manual, Book 7 (current edition)
.2
Manual of Uniform Traffic Control Devices for Canada (latest edition).
.3
Section 01500 – Safety Requirements
2. Execution
2.1.
TRAFFIC ACCOMMODATION PLAN
.1
The Traffic Accommodation Plan (TAP) shall fully detail the methodology and
provisions necessary to safely detour vehicles and pedestrians around the
construction work site. The TAP shall be in accordance with the Standard
Specifications.
.2
The Contractor shall submit a TAP to the Town’s Municipal Works Department for
approval a minimum of five (5) business days prior to the start date of any work
that is completed within the Town’s Road Right of Way limits.
.3
The Contractor shall submit a new or revised TAP each time a work zone changes
in the following manner:
.4
2.2.
.1
Location: If the work zone limits extend in length or width enough to require
additional traffic controls (signage, flagspersons, barricades, etc.), or a
change in their configuration, a new TAP must be submitted for Town
approval.
.2
Duration: If the work’s start or end date, or time of day changes, a new TAP
must be submitted for Town approval.
.3
Scope of Work / Equipment: If the scope of work changes and/or additional
equipment is mobilized to the work site, the contractor shall notify the Project
Manager and the Project Manager will confirm if a revised TAP is required.
The Contractor shall submit the TAP in an acceptable format to the Town. The
Town may request the Contractor to revise and re-submit a TAP at any time if the
format is not acceptable to the Town.
CONSTRUCTION DETOURS
Decemeber 7, 2015
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
2.3.
SECTION 01570
TRAFFIC CONTROL
PAGE 2 OF 4
.1
Work shall not commence until the TAP has been approved by the Town’s
Municipal Works Department, and the Contractor has set up the construction
detour as specified in the approved TAP.
.2
Upon receipt of the approved TAP from the Town, the Contractor shall supply, setup, and maintain all barriers, barricades, warning signs, electronic sign boards,
detours, fences, flagmen and all other traffic control devices as detailed on the
approved TAP, for the entire duration of the work. The Contractor shall monitor and
ensure that all traffic control devices are in place as per the approved TAP, 24
hours a day, 7 days per week.
.3
The Contractor shall maintain any roads used for construction detours for the
duration of the Contract and repair any damage resulting from the Contractor’s use
of the road.
.4
The Contractor shall be responsible to monitor the effectiveness and safety of the
construction detour for the duration of the Work, and make any changes necessary
to improve safety and/or traffic flow, including submittal of a revised TAP for Town
approval. There shall be no extra cost to the Town for any changes made.
.5
The Town at any time may inspect the Construction detour and require the
Contractor to make changes to the detour in order to improve traffic flow and/or
safety for vehicles and pedestrians, at no extra cost to the Town.
.6
All obstructions (barricades, fences, jersey barriers, etc.) on the worksite shall be
clearly marked during the night time (between sunset and sunrise) with proper
flashing warning lights.
.7
Adequate construction parking meeting local regulations shall be provided by the
Contractor.
PROPERTY ACCESS CLOSURES
.1
The Contractor shall maintain/provide at least one (1) access to all residential and
commercial property adjacent to the work at all times.
.2
Under exceptional circumstances, and for short durations of time, the Town may
allow the Contractor permission to close all accesses to a business or residence.
In this case, the Contractor must prove to the Town the justification for why the
work requires all accesses to be closed, and provide methodology to the
satisfaction of the Project Manager to minimize the duration of time the access(s)
remains closed. The Contractor shall provide at least two (2) weeks’ notice to the
Town and business/resident in this case.
.3
Prior to closure of any residential or commercial access, the Contractor shall notify
the Town and affected business/resident at least one (1) week in advance of the
closure, in writing. The written notice shall be on the Contractor’s company
letterhead, and shall be submitted to the Town Project Manager for review prior to
being delivered to the business/resident.
The written notice shall clearly state, including a drawing if necessary:
.1
Decemeber 7, 2015
The location of the proposed access closure.
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
.4
2.4.
2.5.
SECTION 01570
TRAFFIC CONTROL
PAGE 3 OF 4
.2
The nature and duration of the work, including the rationale why the work
requires the access to be closed.
.3
A commitment to the resident/business owner that at least one (1) access
will remain open at all times for the duration of the work.
.4
At least one contact name and phone number for 24 hour emergency
service.
If the business or resident does not grant permission for the access(s) to be
closed, the Contractor shall notify the Town immediately and await further
instruction from the Town. In this case, if all regular accesses require closure, the
Contractor may be required to provide an alternate access to residents and
businesses.
ROAD CLOSURES
.1
The Contractor shall clearly indicate in their TAP if a full road closure is necessary
to perform the work, and clearly specify the supporting rationale why the full
closure is necessary versus a partial road closure.
.2
Additional prior notification is required for full road closures. The Contractor shall
submit the TAP and notify the Town at least two (2) weeks prior to the start date of
the road closure:
TRAFFIC CONTROL DEVICES
.1
All traffic control devices used in the construction detour shall be in accordance
with the most recent edition of the Ontario Traffic Manual, Book 7 and shall be
located to the satisfaction of the Town.
.2
The orange portion of all signs, barricades and other traffic control devices shall be
fully reflectorized using High Brightness, Retro-reflective, Non-Metallized, Prismatic
Sheeting Material which incorporates durable, transparent, fluorescent pigment
and meets the following requirements
.3
The Town may request the Contractor to provide larger oversized signs, or signs
with custom messaging to be used in special circumstances which require greater
visibility, attention level, or additional information in order to be effective.
.4
Poorly maintained, defaced, damaged or dirty construction signs shall be replaced,
repaired or cleaned without delay at the Contractor’s expense.
.5
In the case of potential danger to the public or other circumstances where the
Town determines that signing is inadequate, the Town will require changes to the
Contractor’s operations to remedy the situation. These changes may involve the
use of different types and/or sizes of signs, modifying the number or locations of
the signs, and any other modifications or additions required to protect the safety of
the public.
.6
Signs not in effect shall be covered or removed and all construction signs shall be
removed after the project has been completed.
Decemeber 7, 2015
TOWN OF TECUMSEH
LED STREETLIGHT CONVERSION
INSTALLATION CONTRACT
SECTION 01570
TRAFFIC CONTROL
PAGE 4 OF 4
END OF SECTION
Decemeber 7, 2015
APPENDIX “A”
LED Streetlight Conversion
Installation Contract
Project Title:
Date:
Company Name:
Address:
LIST OF UNIT PRICES
The following are Unit Prices for the Units of Work listed hereunder.
SCHEDULE - LED STREETLIGHT CONVERSION
Payment
Clause
Item
#
Description
Unit Quantity
Unit Price
Extension
(Section
01270)
1.0
GENERAL
1.2.1
1.01
General Requirements
LS
1
$
$
1.2.2
1.02
Traffic Accommodation
LS
1
$
$
Sub Total:
$
INSTALLATION, REMOVAL and
1.2.3
2.0
DISPOSAL
2.01
LED Installation, Removal and Disposal
ea
2,367
$
$
Sub Total:
3.0
PROVISIONAL
3.01
Electrical Work (hourly rate)
/hr
22.5
$
$
Sub Total:
APPENDIX “A” TOTAL (EXCLUDING HST):
December 15, 2015
$
$
$ ______________
The undersigned Bidder, having carefully examined the Contract Documents and the locality of the
proposed work, and having full knowledge of the work required and of the materials to be furnished and
used, hereby agrees to provide all necessary materials, supervision, labour and equipment and to
perform and complete all work and fulfill everything as set forth in the Contract Documents, for the
following price, which excludes the HST and includes any specified cash allowances and other
applicable taxes, except as may otherwise be provided in the Tender Documents:
The Undersigned Bidder also agrees that:

The Town is in no way obligated to accept this or any other tender.

The Town may elect at its sole discretion to reject any or all Tenders, to accept any Tender or
part thereof, or to waive any defect, irregularity, mistake or insufficiency and to accept any
Tender or alternative proposal, in whole or in part, which is deemed by the Town to be most
favourable to its interest.

Any estimate or quantities shown in the Tender Form is for the purpose only of comparing
Tenders. No representations have been made by the Town or any representative of the Town as
to the scope or complexity of the work or that the actual quantities will correspond with the
estimated quantities, even approximately, and the Town has the right to increase or decrease the
quantities in any or all items and to eliminate items entirely from the work, subject only to the
provisions of the General Conditions.

This Tender is made without knowledge of the Tender prices to be submitted for this work by any
other company, firm or person.

This Tender is made without connection or arrangement with any company, firm or person
submitting a Tender for this Work.

This Tender is made without any undisclosed connection or arrangement with any other
company, firm or person having an interest in this Tender or in the proposed contract.

This Tender is irrevocable for sixty (60) days after the closing date for receipt of Tenders and the
Town may at any time within such period accept this Tender, whether any other Tender has
been accepted or not.

The undersigned will execute the Articles of Agreement when called upon to do so by the Town,
will, within seven (7) days of receipt of a Notice of Award, provide the required contract security,
will commence and proceed actively with the Work on site within seven (7) days of the receipt of
a Notice to Proceed, and will complete all Work under the Contract by the date set out in the
Contract
Documents, subject to the provisions of the General Conditions for extension of the contract time.

If the undersigned should fail to complete the Work in the time specified above, the undersigned
shall compensate the Town in accordance with the General Conditions.
December 15, 2015

If and to the extent that a Tender Call contains provisional items as part of the Scope of the
Work, the Town, in it sole discretion, reserves the right, prior to awarding the Contract, to include
or exclude any provisional item or items in its evaluation of the acceptability of a Tender.
Following acceptance of a Tender and the award of a Contract, the Town, in its sole discretion,
may include in or exclude from the Contract the same or different provisional items and the
unsuccessful Bidders shall have no recourse against the Town as a result of any revisions to the
total scope of the Work or the Contract Price.

This Tender shall be governed by all the provisions of the Instructions to Bidders and the
Contract Documents.

The following Addenda have been received:
The modifications noted therein have been considered and the effects are included in the tender
prices.

Addendum #

Addendum #

Addendum #

Addendum #
This Tender is executed under seal at
this day of the ______ day of ____________, 2016
IF THE BIDDER IS AN INDIVIDUAL OR PARTNERSHIP:
SIGNED, SEALED AND DELIVERED by:
____________________________________________
Signature of Bidder
_____________________________________________
Printed Name of Person Signing
In the presence of: _________________________________ Witness
Printed Name of Witness:
_______________________________________________________
Address of
Witness_______________________________________________________________________
December 15, 2015
IF THE BIDDER IS A LIMITED COMPANY:
Authorized Signing Office - Printed Name / Title___________________________________
Authorized Signing Officer - Printed Name / Title ___________________________________
Note: If the Tender is by a joint venture, add additional forms of execution for each member of the joint
venture in the appropriate form or forms as above.
The following items are submitted along with the completed Tender Form:


Bid Bond
Consent of Surety
December 15, 2015
APPENDIX “B”
Project Title:
Bid Submitted by:
LIST OF SUBCONTRACTORS
The following are the Subcontractors we propose to use for the Divisions or Sections of
Work listed hereunder.
(If not used, bar and initial the space below.)
Division or Section of Work
December 7, 2015
Name of Subcontractor
APPENDIX "C"
Project Title:
Bid Submitted by:
LIST OF EQUIPMENT
We have listed below the equipment that will be available for the work specified in the
Contract Documents:
(If not used, bar and initial the space below)
NAME OF EQUIPMENT
(Type, Make & Model)
December 7, 2015
CAPACITY
AGE &
CONDITION
OWNER & PRESENT
LOCATION
APPENDIX "D"
Project Title:
Bid Submitted by:
LIST OF QUALIFICATIONS
We have listed below our qualifications and experience on work similar to the Work in this
project:
(If not used, bar and initial the space below)
PROJECT
December 7, 2015
YEAR
COST
ENGINEER
APPENDIX "E"
Project Title:
Bid Submitted by:
LIST OF SUPERVISORY PERSONNEL
We have listed below the supervisory personnel who will be employed on this project:
(If not used, bar and initial the space below)
NAME
December 7, 2015
POSITION
EXPERIENCE
APPENDIX “F”
Project Title:
Bid Submitted by:
MINIMUM REQUIREMENTS & QUALIFICATIONS
The Town will only accept bids from qualified Vendors for this Contract.
In addition to the other requirements listed in the Contract Documents, all bidders must
confirm that they meet the below minimum requirements and qualifications, and submit
the below checklist along with the required documentation as verification.
By filling in the below checklist, the Bidder acknowledges and completely certifies their
fulfillment of the minimum requirements as stated:
1.  All electricians working directly with the Town’s streetlight infrastructure shall be
licensed Journeymen Electricians or Power Lineman with a minimum IMSA Field
Level 1 certification; the designated Project Foreman to be at a minimum IMSA
Field Level 2 certified.
Provide resumes, Ontario Journeyman Certificates, and IMSA certification
for each proposed electrician employee, clearly indicating relevant
previous experience with streetlight installation work.
2.  All bidders shall have full and unrestricted use of, (own or have secured a lease)
for the duration of the Contract, a minimum of one (1) certified bucket truck
capable of reaching vertical heights of 6 to 15 meters, which shall be equipped
with an electronic arrow board and flashing beacons for traffic safety.
All bidders must also have full use of aerial equipment suitable for the safe and
proper installation of all types of streetlight infrastructure including luminaires,
electrical wire, etc. for the duration of the Contract.
Provide proof of ownership and specifications of all proposed equipment.
3.  All bidders shall have a least 3 relevant previous experience installing street
lighting in Ontario
Provide a list of projects undertaken, including client name, location, scope
of work, total number of luminaires installed, and at least one reference
contact for each project.
December 7, 2015