TOWN OF MIDLAND PUBLIC WORKS DEPARTMENT CONTRACT L WILLIAM STREET WATERMAIN (BAY STREET TO FRANK STREET)

Transcription

1 TOWN OF MIDLAND PUBLIC WORKS DEPARTMENT CONTRACT L WILLIAM STREET WATERMAIN (BAY STREET TO FRANK STREET) Shawn Berriault, C. Tech. August, 2016 Director of Operations The Corporation of the Town of Midland 575 Dominion Avenue Midland, Ontario L4R 1R2 Phone: (705) ext Fax: (705)

2 SECTION A Tender Advertisement

3 THE CORPORATION OF THE TOWN OF MIDLAND TENDER WILLIAM STREET WATERMAIN (BAY STREET TO FRANK STREET) File No.: F Contract No.: L Sealed Tenders will be received by the Director of Operations until: 1:00 p.m. local time, Tuesday, August 16, 2016 for the construction of a new watermain on William Street from Bay Street to Frank Street together with restoration works and other related items. Plans and contract documents are available to Tenderers experienced in watermain construction on the Town of Midland website at: The lowest or any tender not necessarily accepted. Shawn Berriault, C. Tech. Director of Operations Town of Midland 575 Dominion Avenue Midland, ON L4R 1R2 Phone (705) ext Fax (705) operations@midland.ca

4 Town of Midland William Street Watermain Index to Contract Documents Section Contents A. Tender Advertisement B.1 Information to Tenderers B.2 Tender Form C. Specifications and Special Provisions D. Articles of Agreement E. OPS General Conditions of Contract F. Drawings

5 SECTION B.1 Information to Tenderers

6 William Street Watermain Page 6 Index to Section B - Information to Tenderers Section Page No. B.1 General Information to Tenderers B.1.1 Definitions 8 B.1.2 Location and Scope of Work 9 B.1.3 Contract Approval 9 B.1.4 Delivering and Closing of Tenders 9 B.1.5 Tender Submission 10 B.1.6 Disqualification, Withdrawal and 10 Qualifying Tenders B.1.7 Informal or Unbalanced Tenders 10 B.1.8 Discrepancies In and Interpretation of 11 Tender Documents B.1.9 Acceptance or Rejection of Tenders 11 B.1.10 Tender Deposit and Bonding Requirements 13 B.1.11 Sub-Contractors 14 B.1.12 Suppliers and Materials 14 B.1.13 Proof of Ability/Proposed Personnel 15 B.1.14 Formation of Contract 15 B.1.15 Commencement and Completion 15 B.1.16 Protection of Survey Bars and Monuments 16 B.1.17 Construction Layout 16 B.1.18 Working Hours 16 B.1.19 Liquidated Damages 18 B.1.20 Substantial Performance, Guaranteed 18 Maintenance Period, Final Acceptance & Release of Holdback B General 18 B Procedure for Substantial Performance 19 B Guaranteed Maintenance 19 B Release of Holdback 20 B Procedure for Final Acceptance 21 B Release and Final Documentation 21

7 William Street Watermain Page 7 Index to Section B - Cont d Section Page No. B.1.21 Sales Tax 21 B.1.22 Traffic Control 22 B.1.23 Pedestrian Control 22 B.1.24 Health and Safety 22 B.1.25 Co-operation with Other Contractors 23 B.1.26 Local Specifications 23 B.1.27 Dispute Resolution 23 B.1.28 Existing Services 23 B.1.29 Existing Conditions 24 B.1.30 Testing of Material 25 B.1.31 Equivalents or Approved Equals 25 B.1.32 Road Maintenance and Dust Control During Construction 26 B.1.33 Amendments to Section B.3 - OPS 26 General Conditions to Contract B.2 Tender Form B.2.1 Tender Agreement 29 B.2.2 List of Proposed Sub-Contractors 33 B.2.3 List of Proposed Suppliers 34 B.2.4 List of Proposed Personnel 34 B.2.5 Tenderer s Experience in Similar 35 Completed Work B.2.6 Schedule of Drawings 36 B.2.7 Unit Prices 37 B General Notes 37 B Index to Schedule of Unit Prices 37 B Schedule of Unit Prices B.2.8 Summary of Unit Prices 40 B.2.9 Sample Bid Bond and 41 Sample Agreement to Bond 42 B.2.10 Health and Safety Form HS

8 William Street Watermain Page 8 B.1 General Information to Tenderers B.1.1 Definitions Contract Documents shall mean Tender Advertisement, Tendering Information, Specifications, Articles of Agreement, Soils Information (if any), Contract Drawings, Addenda and Appendices. Contract shall mean the contract awarded to the successful Tenderer based upon terms and conditions set out herein Contractor shall mean the successful Tenderer to whom a Contract has been awarded and in all cases shall be the general contractor and shall also be read as Tenderer. Director of Operations shall mean the Director of Operations for the Town of Midland, or any other person as may be authorized by the Director of Operations to act on behalf of the Town of Midland in any particular capacity. Provide shall include, but not be limited to supply and install, construct, supply and place, service, maintain, monitor, as applicable. Tender shall mean an offer made by the Tenderer to perform the Works in complete compliance with the terms and conditions set out herein. Tenderer shall mean the entity submitting the Tender and shall, where applicable herein, be read as the Contractor after an award of a Contract by the Town to the successful Tenderer. Total Contract Price shall mean the total amount of the Tenderer s successful tender and the contract awarded as a result thereof which shall consist and be fully inclusive of the entire cost of all labour, services, materials and taxes and other costs for the performance of the Works as set out in the tender together with any approved extras at the unit prices specified in the tender. Town shall mean The Corporation of the Town of Midland. The Work(s) shall mean the total construction and related services required by the Contract Documents.

9 William Street Watermain Page 9 B.1.2 Location and Scope of Work The work included in this Contract is located on William Street, between Bay Street and Frank Street in the Town of Midland. It should be noted that the proposed work shall include the supply of all labour, materials and equipment as necessary for the construction and/or directional boring of a new watermain on William Street between Bay Street and Frank Street together with restoration works and other related items in accordance with the Contract Documents and the attached Schedule of Drawings. B.1.3 Contract Approval This Contract is subject to the approval of the Town of Midland. B.1.4 Delivering and Closing of Tenders Tenders submitted are to include Sections B.2.1 to B.2.10 inclusive of the Tender Form Cover Page only (do not submit the entire tender document) and are to be submitted in a sealed envelope clearly marked as follows: WILLIAM WATERMAIN TENDER BID CONTRACT L SUBMITTED BY: (NAME OF COMPANY SUBMITTING TENDER BID) and will be received at the offices of the Town of Midland at 575 Dominion Avenue, Midland, until, but not later than: 1:00 p.m. local time, Tuesday, August 16, This time and date shall be deemed to be the Official Closing Time. Each Tender will be marked with the time and date it was received. The Tender Form must be fully legible, signed and witnessed in the spaces provided, with the signature of the Tenderer or a responsible official of the organization bidding and the name of the person signing on behalf of the organization bidding printed under the signature. Bidders requiring a receipt or acknowledgment for the tender delivery are required to bring a copy of the Tender Advertisement page from the Tender document (Page 3 herein). An acknowledgment will be provided on that sheet and returned to the person delivering the tender. No other form of acknowledgment will be provided. Questions arising during the bidding period are to be submitted in writing by Attention: Subject: Shawn Berriault, C. Tech., Director of Operations operations@midland.ca William Watermain Tender

10 William Street Watermain Page 10 The intent is to address questions received only up to Thursday, August 11, 2016 and issue any required addenda before the end of business on Friday, August 12, B.1.5 Tender Submission Sections B.2.1 to B.2.9 inclusive of the Tender Form provided within the Contract Documents shall be submitted in its entirety. All sections of the Tender Form shall be completed; all blank spaces must be filled in. Each Tender must be sealed and clearly marked on the outside as to its contents, as per the instructions in Section B.1.4 Delivering and Closing of Tenders. The Tenders will be opened in public at the office of the Town shortly after the Official Closing Time. , Facsimile or other electronic transmission will not be accepted. B.1.6 Disqualification, Withdrawal and Qualifying Tenders Under no circumstances will Tenders be considered which: a) are received by the Town after the Official Closing Time specified herein; b) are not accompanied by the Tender deposit or Bid Bond as specified; c) are not accompanied with an Agreement to Bond, as specified; or d) are received from a Tenderer (including its officers, directors, shareholders, employees and affiliates) which has a claim or has instigated or prosecuted legal proceedings (in any forum) against the Town during the five year period immediately prior to the date hereof. A Tenderer who has already submitted a tender may submit a further or revised Tender at any time up to the Official Closing Time. The last Tender received shall supersede all Tenders previously submitted by that Tenderer for this Contract. or Facsimile transmissions will not be accepted. A Tenderer may only revise, withdraw or qualify its Tender at any time up to the Official Closing Time by submitting a letter bearing its signature and seal to the point of tender delivery where the time and date of receipt will be recorded and the letter placed with the Tenders. Verbal, , Facsimile or other electronic transmission will not be accepted. B.1.7 Informal or Unbalanced Tenders Tenders which are incomplete, conditional, illegible or obscure, or that contain additions, reservations, erasures, mathematical errors, qualifications, alterations or irregularities of any kind may, but will not necessarily, result in the Town s rejection of the Tender.

11 William Street Watermain Page 11 Tenders that contain prices which, in the sole and unfettered opinion of the Town, appear to be unbalanced and likely to adversely affect the interests of the Town may be rejected. Tenders that are based upon an unreasonable period of time for the completion of the Work as determined by the Town of Midland may be rejected. Wherever in a Tender the contract total for an item does not agree with the extension of the contract quantity and the unit price: (i) the Total Contract Price will govern and will not be adjusted; (ii) the unit price will be corrected accordingly; and (iii) the Tenderer shall be required to absorb the difference in his contract price. The Town of Midland reserves the right to waive formalities at their discretion. Tenderers who have submitted Tenders that have been rejected by the Town because of informalities will normally be notified of the reasons for the rejection after the Official Closing Time. B.1.8 Discrepancies In and Interpretation of Tender Documents Each Tenderer must satisfy itself by its own study of the drawings, specifications, other tender documents, calculations, testing and a site inspection as to the conditions existing or likely to exist in connection with the execution of the Work and as to the practicability of completing the Work within the stipulated time. Should a Tenderer find discrepancies in, or omission from, the drawings, specifications, or other tender documents, or should they be in doubt as to their meaning, it should, prior to submitting any Tender, notify the Director of Operations who may send a written instruction to all Tenderers. No oral interpretation shall be made to a Tenderer as to the meaning of any of the tender documents, or be effective to modify any of the provisions of the tender documents. Addenda shall be issued by the Director of Operations to items in the Tender as he determines necessary or appropriate. Addenda shall be in writing and posted on the Town of Midland website. Facsimile or other electronic transmissions may be used by the Director of Operations to issue addenda. B.1.9 Acceptance or Rejection of Tenders The lowest or any particular Tender will not necessarily be accepted. The criteria which may be considered by the Town in awarding the Contract will include a combination of price, scheduling, expertise, qualifications, and

12 William Street Watermain Page 12 suitability of the Tenderer, and such other conditions as may be determined by the Town to be in its own best interest. The Tenderer acknowledges that the Work(s) or portions thereof are subject to the procurement and issuance of funding, certain permits, authorizations, licenses, easements and other approvals as may be required from third parties or under applicable laws, statutes and regulations ( Approvals ). In the event that any Approvals are not issued by any third parties ( Frustrating Event ) the Town reserves the right, and without liability to the Tenderer, to: Not award the Contract and/or cancel the request for Tenders; Award the Contract in whole or in part but expressly subject to the right on the part of the Town to cancel all or part of the Contract at any time after the award thereof in the event that such Approvals cannot be obtained; Delay the consideration of the award of the Contract until such time as the Approvals may be obtained; In any event, the Town reserves the right, in its absolute discretion, to reject any or all tenders or to award the contract to other than the Tenderer submitting the lowest Tender, provided that Council, in its sole and absolute discretion, decides that it is in the best interest of The Corporation of the Town of Midland to do so. By submitting this tender document, the Tenderer acknowledges that it shall have no claim against, or entitlement to damages from the Town by reason of the Town s rejection of its Tender or of all Tenders, or by reason of any delay in the acceptance of a Tender, or cancelling all or part of the Contract as a result of a Frustrating Event. Tenders are subject to a formal Contract being prepared and executed. Without in any way limiting the generality of the preceding, Tenders, commencing with the lowest tender, will be evaluated against criteria developed by the Town using information provided by the Tenderer in Section B.2 and additional criteria information as requested. The Town s criteria include, but are not limited to: Skill and experience demonstrated on similar projects of similar scope; The general reputation, qualifications and experience of the Tenderer; The general reputation, qualifications and experience of the Tenderer s sub-contractor; Qualifications and experience of key personnel of the Tenderer; Tender price; Project schedule/substantial performance date; Reference checks with former clients, consultants and subtrades; Five year history of claims, litigation and/or arbitration between Tenderer and former clients and between itself and subcontractors;

13 William Street Watermain Page 13 Five year history of charges under the Occupational Health & Safety Act (Ontario); Five year record with the Workplace Safety and Insurance Board ( WSIB ); Anticipated additional costs not included in the Tender Price but inferable from the evaluation criteria or from the Tender; Matters omitted from Section B.2.1 to B.2.5 by the Tenderer. Where the Tenderer is associated with one or more persons or corporations which conduct the same or similar business as the Tenderer, the Town may, but is not obliged to, request from such Tenderer the evaluation information with respect to such associated persons or corporations. The failure or refusal of a Tenderer to comply with such a request may result in the rejection of its Tender. The above criteria are not necessarily listed in the order of their importance to the Town. B.1.10 Tender Deposit and Bonding Requirements Each Tender shall be accompanied by either: a) a tender deposit in the form of a certified cheque or bank draft made payable to the Town of Midland for an amount of Five Thousand Dollars ($5,000.00); or b) a bid bond in the amount of Five Thousand Dollars ($5,000.00) and sealed by a corporation duly authorized to transact the business of Suretyship, licensed in Ontario with an office in Ontario. The Tender deposit cheques or Bid Bonds of the three (3) lowest Tenderers shall be retained by the Town for sixty (60) days after the Official Closing Time or until the Contract has been signed by the successful Tenderer. Tender deposit cheques or bid Bonds of all other Tenderers will be returned within thirty (30) days of the Official Closing Time without interest. The Tender deposit cheques or Bid Bonds of the successful Tenderer will be returned without interest upon execution of the Contract Documents by the Council of the Town of Midland. If the Tender consists of more than one Contract, each Contract may be individually bonded in accordance with the above requirements. The Tenderer shall include with his Tender an Agreement to Bond as per the format of the sample shown in Section B.2.9 Sample Bid Bond and Sample Agreement to Bond, executed under its corporate seal by the surety company from which he proposes to obtain the required bonds. Only bonds issued by a corporation duly authorized to transact the business of

14 William Street Watermain Page 14 Suretyship, licensed in Ontario, with an office in Ontario, will be accepted. Bonds must be issued on the official stationary of the bonding company. Prior to execution of a Contract with the Town, the Tenderer may, at the unfettered discretion of the Town, be required to furnish to the Town, a Performance Bond in the amount of 100% of the Total Contract Price, and a separate Labour and Materials Payment Bond in the amount of 100% of the Total Contract Price. The full cost of these bonds is to be included in the unit price bid for these items. B.1.11 Sub-Contractors The Tenderers shall list, on the page provided in Section B.2.2 List of Proposed Sub-Contractors, the name and address of each Sub-Contactor used in preparing this Tender, stating that portion of the Work allotted to each. Only one Sub-Contractor shall be named for each part of the Work to be sublet. After a formal Contract has been executed, the Tenderer shall not be permitted to substitute other Sub-Contractors in place of those named in his Tender without the approval of the Director of Operations which may be arbitrarily withheld. It is the Tenderer s responsibility to ensure that specifications of the Work and all terms of the tender are provided to and accepted by its Sub- Contractor. The Tenderer shall indemnify and hold the Town harmless in respect of the acts and/or omissions and/or claims of its Sub-Contractors. B.1.12 Suppliers and Materials The Tenderers shall list, on the page provided in Section B.2.3 List of Proposed Suppliers, the name and address of each proposed Supplier used in preparing this Tender, stating the address and phone number of each and the manufacturer, as applicable. After a formal Contract has been executed, the Tenderer shall not be permitted to substitute other Suppliers in place of those named in his Tender without the approval of the Director of Operations which may be arbitrarily withheld. It is the Tenderer s responsibility to ensure that the correct specifications of the materials required for the performance the Work are provided to its Suppliers. The Tenderer shall indemnify and hold the Town harmless in respect of the acts and/or omissions and/or claims of its suppliers and in respect of any loss or damage arising from the materials.

15 William Street Watermain Page 15 B.1.13 Proof of Ability/Proposed Personnel The Tenderer shall, on the form provided in Section B.2.4 List of Proposed Personnel, provide proof of their experience and responsibility in successfully completing projects of a similar nature. This proof of ability shall apply in general to the Tenderer s experience in similar work. The names of the Tenderer s senior supervisory staff and the experience of each are to be provided in the Tender bid. B.1.14 Formation of Contract The Town shall notify the successful Tenderer that his Tender has been accepted and shall forward four (4) complete copies of the Contract Documents to the Tenderer for execution. The Tenderer agrees that once he has been notified that his Tender has been accepted by the Town, it will fully execute the Articles of Agreement bound in the Contract Documents within five (5) days after receiving those same Documents in triplicate, otherwise his tender deposit or bid bond shall be forfeited to the Town. The successful Tenderer shall execute and return with the three copies of the Contract Documents to the Director of Operations within five (5) days after receiving those same Documents, the following: a) Performance and Payment Bonds, if required; b) Current Clearance Certificate from the Workplace Safety and Insurance Board (WSIB) NOTE: The Town of Midland must be in possession of a current Clearance Certificate from the WSIB at all times throughout the duration of the Contract (including the maintenance period). It is the responsibility of the successful Tenderer to ensure the Town is always able to obtain a current Clearance Certificate. c) Liability and all Risk Insurance Certificate in the minimum amount of $5 million, noting the Town of Midland as an additional named insured as outlined in the General Conditions of Contract and following Section B.2 Tender Form; d) A Work Schedule outlining the proposed timing of the works. The executed Contract Documents will be completed by the Town; one executed copy will be returned to the Tenderer. B.1.15 Commencement and Completion Once the Contract Documents are fully executed, the Director of Operations will issue the Order to Commence Work (Order) to the Tenderer. The date of issuance of this Order will become the Date of Commencement of the Work. The Contractor must obtain Substantial Performance of the Work within

16 William Street Watermain Page 16 ninety (90) calendar days of the issuance of the Order otherwise Liquidated Damages will be applied; refer to Section B Liquidated Damages. If the Tenderer is delayed in the completion of the Work for causes beyond the reasonable control of the Tenderer, as determined by the Director of Operations, the time of completion shall be extended in writing at any time on such terms and for such period as shall be determined by the Director of Operations in accordance with the General Conditions. The Tenderer agrees to hold the Town harmless in respect of any delay claims or increased costs arising from or as a result of any delay in the commencement or performance of the Work. B.1.16 Protection of Survey Bars and Monuments Before commencing construction operations, the Tenderer must acquaint himself with the location of all survey bars and monuments located in the area in which his construction operations will be conducted. All bars shall be marked by a 1.8 m T-bar. Should any of the survey bars or monuments be disturbed by the Tenderer, or any sub-contractors, the bars and monuments shall be replaced by an Ontario Land Surveyor at the Contractor s expense. Following completion of the Work and prior to installation of any services by a utility Tenderer, the Tenderer and the Director of Operations shall inspect the site to determine the condition of survey bars and monuments. B.1.17 Construction Layout The Director of Operations shall provide benchmark elevations and horizontal alignment for the Contractor. The Contractor shall be responsible for the detailed layout of the work. The Director of Operations shall be notified when batterboards are in place and shall check same if he so desires. Checking of layout or failure to do so on the part of the Director of Operations in no way relieves the Contractor of full responsibility for construction to the proper location, alignment and grade. B.1.18 Working Hours The Work shall be performed between 7:00 am and 7:00 pm Monday to Friday/Saturday ( Working Hours ). No Work will be permitted outside of the Working Hours except in the case of an emergency and/or with the express permission of the Director of Operations and to such extent as he deems necessary. However, the Director of Operations reserves the right to order any Work under this Contract to be undertaken at night and the Tenderer shall comply with such order and shall have no claim in respect thereof. The Tenderer shall carry

17 William Street Watermain Page 17 out all night work with adequate illumination and with due respect for the noise restrictions requested by local residents consistent with the faithful performance of the Work. Night shall be defined as the time after sunset and before sunrise. No Sunday work will be permitted except in the case of emergency and/or with permission of the Director of Operations and to such extent as he deems necessary. Except in cases of emergency and/or with the consent of the Director of Operations, the Tenderer shall not work on any Statutory Holiday. Statutory Holiday s include: New Year s Day January 1 Family Day third Monday of February Easter Holidays Good Friday and Easter Monday May 24 th Holiday Monday before May 24 Canada Day July 1 Civic Holiday (Simcoe Day) first Monday in August Labour Day first Monday in September Thanksgiving Day second Monday in October Remembrance Day November 11 Christmas Day December 25 Boxing Day December 26 Should the Tenderer desire to work on a Statutory Holiday, he shall request in writing the permission of the Director of Operations. This request shall be made at least four (4) days in advance of such holiday stating those places where such work will be conducted. In case the Tenderer fails to give such notice in advance, no work within the terms of the Contract shall be permitted on such holidays. The above provisions shall not apply to any maintenance operations which the Tenderer is required to perform under this Contract. Following a written order by the Director of Operations, the Tenderer shall provide any maintenance required by the Director of Operations at any time including Nights, Sundays and Statutory Holidays. Prior to moving off the job each day, the Tenderer shall erect all signs, barricades and lights so that they will remain in place during the period of absence. If applicable the roadway shall be graded to provide a smooth traveling surface and water and calcium chloride added as deemed necessary by the Director of Operations. The Tenderer shall provide the Director of Operations with the name and telephone number of his project superintendent or other reliable supervisor who can be contacted during the Tenderer s absence from the job. Such person shall be responsible for inspecting the job periodically during the

18 William Street Watermain Page 18 Tenderer s absence and shall check all signs, barricades and lights and repair the roadway surface as required. No additional payment will be made for this work. B.1.19 Liquidated Damages It is agreed by the parties to the Contract that in case all the Work called for under the Contract is not finished or completed as set forth in the Tender Form, damage will be sustained by the Town and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Town will sustain by reason of such delay and the parties hereto agree that the Tenderer will pay to the Town the sum of Three Hundred Dollars ($300.00) plus all costs for Engineering fees and expenses with respect to inspection, contract administration and related works for the liquidated damages for each and every calendar day s delay in finishing the work in excess of the number of working days prescribed or the completion date specified and it is agreed that this amount is an estimate of the actual damage. The Town may deduct any amount due under this section from any monies that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this section are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Town. B.1.20 B Substantial Performance, Guaranteed Maintenance Period, Final Acceptance and Release of Holdback General Substantial Performance is defined as the date that all services, as required by the Director of Operations, have been tested, cleaned, inspected and approved by the Director of Operations. For the purpose of this Contract, Substantial Performance shall not be granted prior to: 1. the work or a substantial part thereof is ready for use or is being used for the purpose intended; and 2. when the work remaining to be done under the Contract is capable of completion or correction at a cost of not more than: a. 3 percent of the first $500,000 of the Contract price; b. 2 percent of the next $500,000 of the Contract price; and c. 1 percent of the balance of the Contract price. For the purpose of this Contract where the work or a substantial part thereof is ready for use or is being used for the purpose intended and where the work cannot be completed expeditiously for reasons beyond the control of

19 William Street Watermain Page 19 the Tenderer, the value of the work to be completed shall be deducted from the Contract price in determining the works remaining to be done under the Contract and at the discretion of the Director of Operations, Substantial Performance may be granted. B Procedure for Substantial Performance Following the completion of the Work included in this Contract and when the works have satisfactorily passed all tests required under the Contract, the Director of Operations will undertake a preliminary inspection. The Tenderer shall, at his cost, clean all services (including storm sewers and structure sumps) and provide any assistance and equipment required for this inspection. Upon completion of any repairs or incomplete work identified in the inspection, the Tenderer shall reapply in writing for Substantial Performance. Provided that no serious deficiencies exist in the completed work, the Director of Operations will then declare a date for Substantial Performance. B Guaranteed Maintenance The Tenderer shall guarantee to the Town under normal operating conditions the work included in the Contract for a period of twenty-four (24) months from the date of Substantial Performance. The Tenderer shall correct any deficiencies which, as determined by the Director of Operations, occur due to defective material or faulty workmanship during this period. Should the Tenderer fail to comply with the directions of the Director of Operations, the latter may, after giving the Tenderer twenty-four (24) hours written notice, perform the necessary work, and the cost thereof may be deducted from the Tenderer or his Surety jointly or severally in any court of competent jurisdiction as a debt due to the Town. If the Director of Operations notifies the Tenderer in writing of imperfections prior to the termination of the Guaranteed Maintenance period, then the Tenderer shall make good the imperfections as specified above, notwithstanding that the work may commence after or extend beyond the end of the Guaranteed Maintenance period. The Tenderer shall maintain the required bonding in full force and effect until the date of Final Acceptance.

20 William Street Watermain Page 20 B Release of Holdback The ten percent (10%) holdback shall be paid to the Tenderer per the terms of the Construction Lien Act and as follows: 1. Seven and one half percent (7.5%) (less the value of any deficient work) after the expiration of forty-five (45) days from the date of advertisement of the Certificate of Substantial Performance. 2. Two and one half percent (2.5%) at the termination of the Guaranteed Maintenance Period subsequent to satisfactory rectification of deficiencies as determined by the Director of Operations. Upon Substantial Performance and written request from the Tenderer, the Director of Operations will provide a Certificate of Substantial Performance. The Contractor shall publish a copy of the Certificate once, in a Construction Trade Newspaper, which shall include: a. The name and address for service of the Town and of the Tenderer; b. The name and address of the payment certifier, where there is one; c. A short description of the improvement; d. The date on which the Contract was substantially performed; e. Where the lien attaches to the premises, a concise description containing a reference to lot and plan or instrument registration number sufficient to identify the premises; and; or, here the lien does not attach to the premises, a statement of where the lien notice must be delivered to preserve lien rights. f. The street address, if any, of the premises. Prior to the release or reduction of holdback, the Tenderer shall within fifteen (15) days of the date of advertisement of the Certificate of Substantial Performance: a) Submit a statutory declaration in a form satisfactory to the Director of Operations that all liabilities incurred by the Tenderer and his Sub-Contractors in carrying out the Contract have been paid and that there are no liens, garnishments, attachments or claims relating to the work. b) Submit a satisfactory clearance certificate from the Workplace Safety and Insurance Board. c) Submit proof of publication of the Certificate of Substantial Performance.

21 William Street Watermain Page 21 d) Submit a written statement as to the status of deficient and outstanding works including a schedule with respect to completion of these works. B Procedure for Final Acceptance Upon expiration of the Guaranteed Maintenance Period, prior to Final Acceptance, the Director of Operations, together with the Tenderer, shall inspect the services. The Tenderer shall, at his cost, clean all services (including storm sewers and structure sumps) and provide any assistance and equipment required for this inspection. Once all deficiencies are corrected, Final Acceptance shall be granted. B Release and Final Documentation Prior to being released from his responsibility, obligation or liability under the Contract, the Tenderer shall submit the following documents: 1. Tenderer s final claim. 2. A release by the Tenderer in a form satisfactory to the Director of Operations releasing the Town from all further claims relating to the Contract. As soon as the Director of Operations is satisfied that the Tenderer has fulfilled all requirements of the Contract, a release duly executed by the Town shall be issued. This will release the Tenderer and his surety or sureties from any term or provision of, or any responsibility, obligation or liability under this Contract. B.1.21 Sales Tax The Tenderer shall include or exclude sales tax in accordance with current sales tax legislation taking into account any changes that have been made known by the Government. The Harmonized Sales Tax (HST), at the current rate of 13%, shall be paid on each payment certificate but is not to be included in Section B.2.8 Summary of Unit Prices. If sales taxes are increased or decreased, or other amendments are made in the legislation during the course of the Contract that alter tax amounts carried in the Contract price, an adjustment will be made accordingly. The Tenderer shall keep records and invoices of accounts subject to Federal and Provincial Sales Tax and for the purpose of establishing taxes paid and for substantiation in the event of changes to the tax legislation during the course of the Contract.

22 William Street Watermain Page 22 The Tenderer shall contact the Sales Tax authorities and determine what the applicable taxes are and the procedure for tax exemption and/or refunding and include related administrative costs in the tender. B.1.22 Traffic Control The Tenderer shall provide adequate control of traffic while operating equipment on municipal road allowances. The Tenderer must maintain one lane for traffic at all times; construction warning signs and flag persons must be provided in accordance with Provincial and local regulations. Both lanes must be opened at the end of each day. The Tenderer shall leave the work each night so that access is available to all driveway entrances. It shall be the Tenderer s responsibility to notify all emergency services of the impending construction activity. The Tenderer shall pay for signing, construction and maintenance of detours. Any detour must be pre-approved by the Director of Operations. The Tenderer shall be responsible for adequate fencing of all excavations overnight and on weekends, and shall provide adequate lights and barricades as per applicable safety requirements and additionally as may be required by the Director of Operations. B.1.23 Pedestrian Control The Tenderer shall provide adequate control of pedestrian walkways while operating equipment on municipal road allowances. The Tenderer must maintain safe pedestrian access from private walkways to the limits of the construction area at all times. The Tenderer shall leave the work each night so that safe access is available to all private walkways. The Tenderer shall pay for signing, construction and maintenance of detours. Any detour must be pre-approved by the Director of Operations. The Tenderer shall be responsible for adequate fencing of all excavations overnight and on weekends, and shall provide adequate lights and barricades as per applicable safety requirements and additionally as may be required by the Director of Operations. B.1.24 Health and Safety The Tenderer shall ensure that all work by sub-contractors and workers engaged on the site, is performed in a manner consistent with the standards and objectives of the Town's Health and Safety Policy.

23 William Street Watermain Page 23 The Contractor understands that work may be immediately suspended by the Town, its agents or servants, in the event of non-compliance with the Town's Health and Safety policies. B.1.25 Co-operation with Other Contractors The Tenderer shall note that there may be utility Tenderer on site during the construction period as well as other Tenderer related to the overall project. Co-operation with these Tenderer is required. No additional payment will be made for provisions necessary to work around other Tenderer. B.1.26 Local Specifications The work proposed under this Contract, and the materials to be used shall comply in every respect to the specifications and standards of the Municipality. Supervision of construction of the proposed works may be provided by the local authorities, and the Tenderer shall comply with each municipal authority s regulations. Materials to be incorporated into the proposed works shall conform in every respect with the Towns requirements regarding acceptance of materials. Each Tenderer shall satisfy himself by personal examination as to the local conditions, requirements and specifications. He is not to claim at any time after submission of his tender that there was any misunderstanding as to the requirements of the local municipality with respect to the proposed works. The Tenderer is required to obtain a copy of the most recent Town of Midland Engineering Standards. B.1.27 Dispute Resolution Disputes between the Town and the Contractor not otherwise resolved may be settled through Engineering Arbitration, as per Section GC 3.15 of the OPS General Conditions, or through other means agreed upon by both parties. B.1.28 Existing Services Before commencing work, the Contractor shall, at his cost, establish the exact location, elevation and extent of existing services in the area of work and notify the Director of Operations of findings. Whenever it is necessary to cut, interfere with, or connect to existing services or facility, the Contractor must do so at hours and times recommended by governing authorities and approved by the Director of Operations, and with

24 William Street Watermain Page 24 minimum disturbance to occupants, pedestrian and vehicular traffic and public and private property. The Contractor shall submit proposed method and schedule and maintain approval from the Director of Operations for each proposed disturbance or shutdown of active service or facility, adhere to approved schedule and provide notice to affected parties. If unknown services are encountered, the Contractor must immediately notify the Director of Operations and confirm findings in writing and/or on Drawings. The Contractor shall obtain the Director of Operations written direction if such services require cutting, capping or relocation to do work. The Contract Drawings do not necessarily indicate the location of all existing services; the Tenderer shall notify all local utilities and request the staking or marking of cable, conduit, sewers, watermains, etc., before the start of construction. The Contractor shall be solely responsible to pay for damages or disturbance caused to any existing utility, pipe or objects indicated above. Throughout the execution of the Works included in this Contract, the Contractor shall ensure that the necessary steps are taken to maintain the flow and use of the existing services except as otherwise herein specified and shall be responsible for all services and utility lines disturbed. If excavation is required under or adjacent to existing services, such services must be supported in a manner approved by the utility owner. The Contractor shall pay for all costs associated with providing temporary bracing and/or relocation of utilities necessary to complete work under this contract. The Contractor shall have no claim for delay sustained while waiting for the relocation or repair of services by other forces, as a result of the Contractor s work. Any such relocations deemed to be completed by others may be undertaken prior to the Contractor s work on the site, however, those which have not been completed or which are not originally foreseen as a problem shall be the Contractor s responsibility to the extent of contacting the utilities involved and sustaining his own work and forces under the Contract. The Owner shall bear only the direct relocation cost charges resulting from the Contract work. B.1.29 Existing Conditions The Contractor shall restore all disturbed areas to a condition equal to or better than existing conditions using materials equal to or better than existing materials. The Contractor shall maintain flow in all existing sewers, drains, ditches, watercourses, houses and inlet connections.

25 William Street Watermain Page 25 The Contractor shall not be permitted to use sanitary sewers for the discharge of water from excavations or dewatering operations. B.1.30 Testing of Material The Contractor shall submit to the Director of Operations the names of his suppliers of granular materials at least two (2) weeks prior to the placement of these materials. The Director of Operations may obtain samples and arrange for testing as required to ensure that the materials comply with the terms of the Specifications. The cost of the initial compaction testing will be borne by the Town. Should the materials fail to meet the required specifications, the cost of retesting, including sampling, shipping of samples and laboratory testing shall be charged to the Contractor. The Contractor shall submit mix designs for concrete and asphalt within two (2) weeks after award of the Contract for approval by the Director of Operations. No material shall be placed until approved. If the Director of Operations requests in writing documentary evidence to the effect that any materials supplied by the Contractor comply with the terms of the Specifications, such evidence must be provided by the Contractor in the form of a certified copy of a laboratory report from a recognized testing company acceptable to the Director of Operations. The Contractor shall pay for the entire cost of such testing including sampling and shipping samples. The Contractor shall allow the Director of Operations adequate time and access to obtain material samples, test concrete and perform compaction testing on all portions of the Work. The Contractor shall have no claim whatever against the Town for delays related to sampling or testing of materials. The Contractor shall supply shipping boxes and concrete test cylinders as required by the Director of Operations. The Town will pay for initial compaction testing only; should compaction fail to meet the required specifications, the cost of retesting will be charged to the Contractor. B.1.31 Equivalents or Approved Equals Where, pursuant to the Specifications, the Contractor is required to supply an article or group of related articles designated by a trade or other name or an approved equal, the Tender shall be based only upon supplying the article or group of articles so designated, which shall be regarded as the standard of quality required by the Specification. After the acceptance of a tender, the Contractor may apply to the Director of Operations to substitute as an

26 William Street Watermain Page 26 approved equal another article or group of related articles identified by a different trade or other name for an article or group of related articles designated as aforesaid. The application shall be in writing and shall state the price for the proposed substitute article or group of related articles, the price for the article or group of articles designated as aforesaid and such other information as the Director of Operations may require. No ruling on a proposed substitution will be made prior to the acceptance of a tender. No substitution shall be made without the prior approval of the Town Engineer. The approval or rejection of a proposed substitution shall be at the discretion of the Director of Operations and his decision shall be final. B.1.32 Road Maintenance and Dust Control During Construction The Contractor will be responsible for dust control at all times during construction by watering and/or application of calcium chloride as directed by the Director of Operations. This is particularly important and will be rigidly enforced. No separate payment will be made for calcium and water, but shall be part of the general work of the Contract. The Contractor shall make provision for maintenance of the roadway during weekends and other non-working days, including grading, placing water and calcium chloride for dust control. If the Contractor does not maintain roadways and place calcium or water as directed within 24 hours of receiving verbal notice, the Town shall implement, at the Contractor s expense, a suitable measure of dust control and road maintenance. Road surfaces beyond the limits of construction shall be thoroughly cleaned by the Contractor at the end of each day s work of all mud and dirt tracked onto these roads by either the Contractor s vehicles or any other vehicles leaving the site. The Contractor shall employ scraping, sweeping, flushing with water and/or the use of a motorized street cleaner to carry out this work. B.1.33 Amendments to Section B.3 - OPS General Conditions of Contract All requirements of Section B.3, OPS General Conditions of Contract, shall apply to this Contract with the following amendments: a) The 10% holdback shall be paid to the Contractor per the terms of the Construction Lien Act and as follows: i) 7.5% (less the value of any deficient work) after the expiration of 45 days from the date of advertisement of the Certificate of Substantial Performance;

27 William Street Watermain Page 27 ii) 2.5% at the termination of the Guaranteed Maintenance Period. b) The Contractor is required to provide All Risk Insurance as specified. All insurance shall include the Town of Midland as an additional named insured. c) Payment for equipment for extra work undertaken on a time and material basis (Subsection GC ) shall be at 80% of OPSS 127 rates regardless of the total cost of the extra work item and regardless of whether the equipment is owned/leased by the Contractor or rental equipment for items other than the equipment listed in the Schedule of Unit Prices, Section G Provisional Items. d) Further to Subsection GC , the Town reserves the right to retain up to two times the estimated value of deficient work at any time from monies owing to the Contractor until such deficient work is satisfactorily rectified. e) Further to Subsection GC , where the Contractor arranges for additional work to be performed by a sub-contractor based upon a preapproved lump sum price, the Town will pay the sub-contractor s lump sum price plus a mark-up calculated on the following basis: 1) ten percent (10%) of the first $5,000; plus 2) five percent (5%) of the amount in excess of $5,000. f) Subsection GC 1.04 shall be revised in that a Major Item will constitute only those items with a value equal to or greater than 20% of the total tender value. g) Subsections GC 2.01 and GC shall not apply to the Contract. h) Further to Subsection GC 7.01, the Contractor shall provide a minimum of twenty-four (24) hours notice to the Director of Operations prior to any construction activity including, but not limited to, pipe placement, excavation, placement of granulars and asphalt.

28 William Street Watermain Page 28 SECTION B.2 Tender Form TO BE COMPLETED BY TENDERER TENDER SUBMISSION CHECK LIST: Tender Submitted By: Date: Total Tender Bid (exclusive of HST) $ Bid Bond $ or Certified Cheque $ Addendum(s)* to, inclusive * Tenderer to fill in blanks or enter NIL as applicable. FOR OFFICE USE ONLY Certified Cheque/Bid Bond - Enclosed Date/Time Tender Received: Reviewed By: Member of Council

29 William Street Watermain Page 29 B.2 TENDER FORM B.2.1 Tender Agreement Town of Midland William Street Watermain (Yonge Street to Queen Street) To: The Corporation of the Town of Midland This Tender is submitted by Firm Name Address City/Town Postal Code Telephone Number Fax Number address Gentlemen: I, of (hereinafter referred to as the Tenderer having carefully examined the locality and site of the proposed works, and all Contract Documents relating thereto, including the Tender Advertisement, Tendering Information, Specifications, Contract Drawings, Articles of Agreement, Appendices, General Conditions of Contract, Schedule of Unit Prices, Addenda to * inclusive, hereby tender and offer in accordance with the Contract Documents and all local specifications and such further detail drawings as may be supplied from time to time to furnish all materials, labour, tools, plant, matters and things necessary therefore complete therefore complete and ready for use within the time specified as described in the following Sections. The undersigned agrees to accept as full payment therefore, the sums calculated in accordance with the actual measured quantities at the unit prices set forth in the Schedule of Unit Prices herein. * Tenderer to fill in blanks or enter NIL as applicable.

30 William Street Watermain Page 30 TENDER FORM The Tenderer also agrees and warrants: 1. That, this Tender is made by the Tenderer without any connection, knowledge, comparison of figures, or arrangement with any other person or persons making a tender for the same work and is in all respects fair and without collusion or fraud. 2. That, this offer is to continue open to acceptance until the Contract is executed by the successful bidder or for a period of Sixty (60) days commencing from the Official Closing Time, whichever event first occurs and that the Owner may, at any time within that period accept this Tender whether any other Tender has been previously accepted or not. 3. The Town reserves the right, in its absolute discretion, to reject any or all Tenders or to award the contract to other than the Tenderer submitting the lowest Tender, provided that Council, in its sole and absolute discretion, decides that it is in the best interest of The Corporation of the Town of Midland to do so and to hold the Town harmless in respect of any and all claims that may arise therefrom. 4. That, the Contractor will carry out any additional or extra work (including the supplying of any additional materials or equipment pertaining thereto) or will delete any work as may be required by the Director of Operations in accordance with the Contract. That, the Tender includes a Contingency Allowance of $20, and that no part of this Allowance shall be expended without written direction from the Director of Operations and that any part not so expended shall be retained by the Town. That, the carrying out of any work referred to above or the issuance by the Director of Operations of a Contract Change Order relating to such work or the acceptance by the Tenderer of such Contract Change Order shall not, except as expressly stated in such Contract Change Order, waive or impair any of the terms of the Contract or of any Contract Change Order previously issued by the Director of Operations or any of the rights of the Town or of the Director of Operations under the Contract. 5. That, the Contractor will obtain Substantial Performance of the Work within ninety (90) calendar days of the Date of Commencement of the Work. 6. That, failure by the Contractor to obtain Substantial Performance within said time or the extended time allowed by the Director of Operations will give the Town the right to collect liquidated damages as spelled out in Section B.1.19 Liquidated Damages from the Contractor for each calendar day thereafter until the work is completed as specified. Said liquidated damages are not a penalty,

31 William Street Watermain Page 31 but are the agreed damages the Town would suffer if the work were incomplete at the end of the time proposed in this Statement, with allowed extensions of time, if any. 7. That, if the Tenderer withdraws this tender before the Town shall have considered the tenders and awarded the Contract in respect thereof, at any time not later than sixty (60) days after the Official Closing time, the amount of the deposit accompanying this tender shall be forfeited to the Town or the bid bond shall be enforced. 8. That, the awarding of the Contract by the Town based on this tender, shall constitute acceptance of this tender. 9. That, if this tender is accepted, to furnish approved Surety Bonds for the proper fulfillment of the Contract as required and to execute the contract documents, in triplicate, within five (5) days after being notified to do so. In the event of default or failure on the part of the Tenderer to do so, the Tenderer agrees that the Town shall be at liberty to retain the Tender Deposit for the use of the Town and to accept the next lowest or any tender or to advertise for new tenders, or to carry out the works in any other way they deem best. 10. This Tender Form comprises: B.2.1 Tender Agreement B.2.2 List of Proposed Sub-Contractors B.2.3 List of Proposed Suppliers B.2.4 List of Proposed Personnel B.2.5 Tenderer s Experience in Similar Completed Work B.2.6 Schedule of Drawings B.2.7 Schedule of Unit Prices B.2.8 Summary of Unit Prices B.2.9 Specimen Bid Bond and Specimen Agreement to Bond 11. That, if this tender is accepted, to furnish a Liability and all Risk Insurance Certificate in the minimum amount of $5 million, noting the Town of Midland as an additional named insured. The Insurance Certificate is to be in place at all times throughout the duration of the Contract, including the maintenance period. 12. That, if this tender is accepted, to furnish a current Clearance Certificate from the Workers Safety and Insurance Board (WSIB), and to ensure that the Town can obtain a current Clearance Certificate at all times throughout the Contract, including the maintenance period.

32 William Street Watermain Page That, this Tender is submitted by Firm Name Address City/Town Postal Code Telephone Number Fax Number address The Tenderer solemnly declares that the several matters stated in the foregoing tender are, in all respects, true. Signature of Tenderer President Signature (please type or print name of signatory) Secretary Signature (please type or print name of signatory) Date of Submission Seal

33 William Street Watermain Page 33 B.2.2 List of Proposed Sub-Contractors Sub-Trade The General Information to Tenderers requires the Tenderer to list on this statement sheet the name of each proposed sub-contractor. Listed hereunder are the names of all sub-contractors, (asphalt supplier, concrete ready mix supplier, restoration contractor, etc.) as applicable whom the Tenderer proposes to use. Proposed Sub-Contractor Address/Phone # Underground Servicing $ Granulars Placement $ Asphalt Paving $ Concrete Curbing and $ Sidewalks Excavation $ Landscaping $ Other (Specify) $ Approximate Value of Sublet Work

34 William Street Watermain Page 34 B.2.3 List of Proposed Suppliers The General Information to Tenderers requires the Tenderer to list on this statement the name of each proposed material supplier. Listed hereunder are the names of all materials, (pipe, pre-cast concrete, hydrants, valves, maintenance holes, etc.) as applicable, which the Tenderer proposes to use. Material Pipes - Water Concrete Structures Hydrants Valves Other (Specify) Proposed Supplier Address/Phone # Manufacturer (where applicable) B.2.4 List of Proposed Personnel Position Project Manager Foreman Pipe Layer(s) Name Years with Company

35 William Street Watermain Page 35 B.2.5 Tenderer s Experience in Similar Completed Work Location Owner s Engineer Description of Contract Completion Date $ Value Use space below for provision of additional information, as required:

36 William Street Watermain Page 36 B.2.6 Schedule of Drawings The work to be done under this Contract is shown on the following drawings: Drawing # Revision Date Revision Note Drawing Title L P1 Aug 2, 2016 William Street L P2 Aug 2, 2016 William Street These drawings are the Contract Drawings and are made a part of this Contract. Additional drawings showing details in accordance with which the work is to be constructed may be furnished from time to time by the Director of Operations, if found necessary, to supplement or supersede the drawings hereto attached and such additional drawings shall thereupon become a part of this Contract. The Contract Drawings are complementary to the Contract Documents; any item or information found in one applies to both. The Tenderer shall be governed by the figured dimensions, as given on the drawings. Where required, dimensions are not shown in figures, the Tenderer shall obtain the said dimensions from the Director of Operations before proceeding with the construction of the portion of the work to which they refer. In every case, detailed drawings shall take precedence over general drawings. In no instance shall dimensions be scaled from drawings. Sets of these Contract Drawings may be obtained from the Director of Operations by the Tenderer on request.

37 William Street Watermain Page 37 B.2.7 Unit Prices B General Notes i) Where alternative materials are specified, the Tenderer shall tender a Unit Price for each alternative, but shall extend only the lowest unit price. ii) m³ denotes Cubic Metre (1,000 litres) m(v) denotes Vertical Hectare m denotes Linear Metre LS denotes Lump Sum ea denotes Each m² denotes square metre t denotes tonne (2,204.6 lbs) m³(c) denotes Compacted Cubic Metre ha denotes Hectare hr denotes Hour iii) The Tenderer must include all provisional items in the Total Contract Price. B Index to Schedule of Unit Prices Part Page A Bonding/Mobilization 38 B Watermain 39 Summary 40

38 William Street Watermain Page 38 B Schedule of Unit Prices TENDER FORM SCHEDULE OF UNIT PRICES SECTION A ITEM # SPEC. # DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT BID (A) BONDING/MOBILIZATION A.1 SP Bonding L.S. 1 A.2 SP Mobilization/Demobilization and Insurance L.S. 1 SUB-TOTAL SECTION 'A' $

39 William Street Watermain Page 39 B TENDER FORM Schedule of Unit Prices (cont d) SCHEDULE OF UNIT PRICES SECTION B ITEM # SPEC # DESCRIPTION UNIT EST QUANTITY (B) WATERMAIN B.1 701/SP Supply and Install m mm dia. Watermain B.2 701/SP Supply and Install each 2 200mm dia. Gate Valves B.3 701/SP 25mm dia. Water Services Rehau Municipex (a) East Side each 2 (b) West Side each 7 UNIT PRICE AMOUNT BID B.4 SP Supply, Install & Remove temporary connection for testing and disinfection of watermain B.5 SP Temporary Swab Removal Port B.6 SP Tie into existing 150mm dia. PVC watermain at Frank Street B.7 SP Tie into existing 200mm dia. watermain valve at Bay Street B.8 701/SP Supply and Install Fire Hydrant and Valve assembly each 1 each 1 each 1 each 1 each 1 SUB-TOTAL SECTION 'B' $

40 William Street Watermain Page 40 B.2.8 Summary of Unit Prices TENDER FORM TENDER SUMMARY (1) Sub-Total of - Section A Bonding/Mobilization $ - Section B Water Main $ SUB-TOTAL $ (2) Contingency Allowance $ 20, TOTAL TENDER PRICE (Sub-Total + Contingency) $ REPEAT TOTAL CONTRACT PRICE IN WRITING BELOW: /100 DOLLARS Enter Total Tender Price on Tender Form Contingency Allowance shall not be construed as Payment due to the Contractor Contract pricing is subject to HST at 13%. HST will be paid to the Contractor as a separate line item in all payment certificates but is not to be included in the price bid above nor does it form part of the contract pricing

41 William Street Watermain Page 41 B.2.9 Sample Bid Bond and Agreement to Bond SAMPLE TO BE PRINTED ON BONDING COMPANY OFFICIAL STATIONARY BID BOND $ No. KNOW ALL MEN BY THESE PRESENTS, that as Principal, hereinafter called Principal, and as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Obligee, in the full and just sum of Dollars ($ ), lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED this day of, 20. WHEREAS the Principal has submitted a written tender to the Obligee, dated the day of, 20, for NOW THEREFORE, the condition of this obligation is such that if the Principal shall have the said tender accepted within sixty days from the closing date of the tender call and shall enter into a contract with the Obligee and furnish a Performance Bond and a Labour and Material Payment Bond each in the amount of 100% of the contract and satisfactory to the Obligee or other acceptable security, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the Surety shall not be (a) liable for a greater sum than the specified penalty of this bond nor (b) liable for a greater sum than the difference between the amount of the Principal s tender and the amount of the tender that is accepted by the Obligee nor (c) subject to any suite or action unless such suit or action is instituted and a process therefore served upon the Surety at its Head Office in Canada, within twelve months from the date of this bond. IN TESTIMONY WHEREOF, the principal has hereto set its hand and affixed its seal, and the Surety has caused these presents to be sealed with its corporate seal duly attested by the signature of its authorized signing authority, the day and year first above written. Name of Contracting Company (Co. Seal) Signature Name of Bonding Company (Co. Seal) Signature

42 William Street Watermain Page 42 B.2.9 Sample Bid Bond and Agreement to Bond (continued) SAMPLE TO BE PRINTED ON BONDING COMPANY OFFICIAL STATIONARY AGREEMENT TO BOND We, the undersigned, hereby agree to become bound as Surety for in a Performance Bond in an amount equal to 100% of the Total Contract Price and a Payment Bond in an amount equal to 100% of the Contract amount, and conforming to the instruments of Contract attached hereto, for the full and due performance of the works shown as described herein if the Tender for is accepted by the Owner. It is a condition of this Agreement that if the above mentioned Tender is accepted, application for a Performance and Payment Bond must be completed with the undersigned within fifteen (15) days of acceptance of the tender related thereto, otherwise this Agreement shall be null and void. DATED this day of, 20. Name of Contracting Company Name of Bonding Company For Contracting Co. Signature of Authorized Person (Seal) Signing for Bonding Company (Seal) Position Position

43 William Street Watermain Page 43 B.2.10 Health and Safety Form HS-14

44 William Street Watermain Page 44