CONTRACT

CONTRACT 2020-263-12

Chippawa Parkway Culvert

Rehabilitation

Mayor James M. Diodati

Erik Nickel, P.Eng. Director of Municipal Works

October 2020 TABLE OF CONTENTS

Title Page Table of Contents Notice - Niagara Peninsula Contract Documents Special Instructions to Bidders Instructions to Bidders Form of Tender 1. Form of Tender Declaration 2. Schedule of Quantities & Unit Prices 3. Tender Summary 4. Statement A - Tenderer’s Experience in Similar Work 5. Statement B - Harmonized Sales Tax 6. Statement C - Confirmation Form; Accessibility Regulations for Contracted Services 7. Statement D - List of Sub-Contractors Agreement to Bond Form of Contract Agreement Schedule of Drawings & Specifications Special Provisions - General Supplementary Special Provisions - Contract Items Supplementary General Conditions of Contract Supplementary

Refer to Niagara Peninsula Standard Contract Document Special Provisions - General Special Provisions - Contract Items Supplementary General Conditions of Contract OPS General Conditions of Contract

Appendix A: Geotechnical Investigation Report Appendix B: Performing Work on the Niagara Falls Drinking System Appendix C: Record of Review Appendix D: Disability and Human Rights Training Pamphlet

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

NOTICE

This contract utilizes the Niagara Peninsula Standard Contract Document (NPSCD) which must be utilized in preparing bids for tenders or quotations.

The NPSCD is available on-line at: http://www.niagararegion.ca/business/tenders/npscd/

Contracts issued through tender calls and quotations will reference the NPSCD and the responsibility for obtaining or having access to the document will rest solely with the bidder.

For all contracts called utilizing the Niagara Peninsula Standard Contract Document, the latest revision of the document as of the first date of tender advertising, is the document of record for that contract.

Should a revision of the Standard Contract Document be published after the initial tender call, the revised document will only apply on this contract through notification in the form of an addendum by the Owner

Revision #20 (April 2019) is the current edition being used.

Tenderers are further advised of the “Instructions to Bidders” Clause 6 “Informal Tenders” and the reasons why tenders shall be rejected.

SPECIAL INSTRUCTIONS TO BIDDERS City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

SPECIAL INSTRUCTIONS TO BIDDERS

I N D E X

DESCRIPTION PAGE

1. NAMED PARTIES ...... SIB - 1 2. TENDER PROCEDURE ...... SIB - 1 3. ESTIMATED TENDER PRICE ...... SIB - 3 4. TENDER AWARD ...... SIB - 3 5. MAINTENANCE HOLDBACK ...... SIB - 3 6. LIQUIDATED DAMAGES ...... SIB - 3 7. ADDITIONAL INSURED ...... SIB - 3 8. RIGHTS OF MUNICIPALITY...... SIB - 3 9. HARMONIZED SALES TAXES (HST) ...... SIB - 4 10. QUESTIONS REGARDING THE TENDER ...... SIB - 4 11. SAFE DRINKING WATER ACT ...... SIB - 4 12. ADDITIONS AND DELETIONS ...... SIB - 4 13. BIDDER REGISTRATION ...... SIB - 5 14. PROJECT DESCRIPTION AND INFROMATION ...... SIB - 5

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

SPECIAL INSTRUCTIONS TO BIDDERS

1. Named Parties For the purposes of this contract the following parties are identified:

Owner The Corporation of the City of Niagara Falls

Director of Municipal Works Erik Nickel, P.Eng.

City Project Manager Joe Colasurdo, C.E.T.

Consultant Ellis Engineering

Contact for Enquiries Arih Struger-Kalkman, P.Eng

Telephone No: 905-934-9049

2. Tender Procedure The following policy regarding the submission of tenders and the tender opening procedures will be applicable for this project. Tenderers are requested to adhere strictly to the instructions concerning submission. a) All tenders must be sealed and submitted to:

Name: Mr. Bill Matson

Title: City Clerk

Address: 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5

By the following time:

Time: 1:45 p.m. Local Standard Time

Date: Tuesday, October 13, 2020

b) Tenders received later than the time specified will not be accepted, regardless of the postal seal date. Tenders must be plainly marked to reveal the contents and the Tenderer's name and address.

SIB - 1 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation c) Tenders shall be submitted in two envelopes, as follows:

i. The first envelope shall contain:

 "Agreement to Bond", duly signed and sealed (no copies or facsimiles will be accepted).

 Tender deposit in the form of a certified cheque, bank draft, money order, bid bond or letter of credit (the Letter of Credit shall be in the format indicated in Agreement to Bond) and in the amount of $25,000.00.

ii. The second envelope shall contain:

 Form of Tender (including addenda if applicable).

Please note that the tender specifications shall not be included in the second envelope. In the event the first envelope does not contain the proper documents, the second envelope will not be opened.

Envelopes will not be provided. Bidders must provide their own envelope and securely affix the appropriate envelope labels to each envelope. Envelope label templates have been provided at the end of this section.

Tenders may be couriered or delivered in person to the City of Niagara Falls. Staff is available to receive deliveries during normal business hours; however, please allow additional time for COVID-19 protocols. d) Tenders will be opened the same day that tenders close.

Time: 2:00 p.m. Local Standard Time

Location: City Hall 4310 Queen Street Niagara Falls, Ontario Committee Room #2A & #2B (Lower Level)

Due to restrictions associated with limiting the spread of COVID-19, the tender opening will not be held publicly.

Once the Tender closes the City will open up Envelope #1. If the requirements for Envelope #1 are met the City will proceed to open Envelope #2. If all requirements are met in Envelope #2 the price will be summarized on a Tender summary and posted to the City Bids and Tender site with

SIB - 2 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

unofficial results under the bid. Final or official tender results will be posted under the bid upon the completion of the tender analyses.

e) The total tender price will be announced for each tender opened (excluding H.S.T.).

3. Estimated Tender Price An estimated tender price will not be provided for this project.

4. Tender Award The award of this tender is subject to the Owner obtaining approval from the: City of Niagara Falls Council

Tentatively, construction may commence, but is not guaranteed, by October 19, 2020 provided that the contract has been executed by the Contractor and the City of Niagara Falls.

5. Maintenance Holdback The following maintenance holdback will apply to this contract: Two Percent (2%) of Final Contract Value or Five Thousand Dollars ($5,000.00), whichever is greater.

6. Liquidated Damages The liquidated damages for this contract shall be One Thousand Dollars ($1,000.00) for each and every day’s delay, as outlined in Special Provisions – General, Item G16.

7. Additional Insured The following parties are identified to be included as additional insured for this project: Corporation of the City of Niagara Falls Ellis Engineering, Inc. Landtek Limited

8. Rights of Municipality a) The Municipality reserves the right in its absolute discretion to accept a Tender which it deems most advantageous to itself and the right to reject any or all Tenders, in each case without giving any notice. The lowest or any

SIB - 3 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Tender will not necessarily be accepted. In no event will the Municipality be responsible for the costs of the preparation of the submission of a Tender from any Tendered. b) Tenders which contain conditions or otherwise fail to conform to the Instruction to Bidders may be disqualified or rejected. The Municipality may however, in its sole discretion, reject or retain for its consideration Tenders which are non-conforming because they do not contain the content or form required by the Instructions to Bidders or for failure to comply with the process for submission set out in these Special Instruction to Bidders. c) Except as expressly and specifically permitted in the Instructions to Bidders, no Bidder shall have any claim for any compensation of any kind whatsoever, as a result of participating in this Tender opportunity, and by submitting a Tender each Bidder shall be deemed to have agreed that it has no claim.

9. Harmonized Sales Taxes (HST) The Contractor shall NOT include Harmonized Sales Tax (H.S.T.) in the ‘Unit Bid Prices’. H.S.T. will be included as a separate item which is to be shown on Statement "B".

10. Questions Regarding the Tender Questions regarding this tender must be directed to Consultant or PM up to 1:00 p.m. local time on Friday, October 9, 2020. Questions received after this stated time and date may not be acknowledged, or answered. It is the Bidder’s sole responsibility to ensure that questions submitted have been received.

11. Safe Drinking Water Act Prior to commencing construction on City projects, all personnel who will be directing activities on the work site, including site foremen, supervisors and lead hands of both the Contractor and/or Subcontractor shall familiarize themselves with Appendix B (Performing Work on the Niagara Falls Drinking System) to ensure they understand the rules and regulations of the Safe Drinking Water Act. A signed copy of the “Record of Review”, Appendix C must be submitted to the City’s Project Manager prior to the commencement of any work.

12. Additions and Deletions The City of Niagara Falls reserves the right to add to or delete from any portion or portions of the Schedule of Quantities and Unit Prices. These changes under this contract shall not be subject to the unit price adjustment provisions in the OPS General Conditions of Contract.

SIB - 4 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

13. Bidder Registration All new bidders must register with the Project Manager, Joe Colasurdo via email at [email protected], prior to submitting a tender bid. There is no fee for registration. The email should include the following minimum information: Company Name Contact Name Phone Number Fax Number Email Address Please note that all communication will be to the contact provided in the registration email. Bidders are expected to access documents from the City’s website. No hard copies are available. Bidder registration will only be accepted until the end of the question period.

14. Project Description and Information

This contract encompasses the provision of all labour, material and equipment necessary for the completion of the rehabilitation of a culvert structure that is located approximately 650 metres west of Stanley Avenue in Niagara Falls.

The above description is general only and shall not be construed as limiting the scope of the contract.

SIB - 5 From: Name of Tenderer

Street Address

City

TENDER ENVELOPE NO. 1 Tender Description :______

Contract No. : ______

Due: ______, 20___ Time - 1:45 p.m. Local Time To - City Clerk

THIS ENVELOPE CONTAINS ONLY : Corporation of the City of Niagara Falls

1. Guarantee to Provide Bond (Agreement to Bond) City Hall, 4310 Queen Street

2. Tender Deposit (Certified Cheque or Bid Bond) Niagara Falls ON L2E 6X5

Envelope must be sealed. Submit Tender Envelope No. 1 and Tender Envelope No. 2 separately. Tender Envelope No. 1 shall be stapled to the outside of Tender Envelope No. 2 From: Name of Tenderer

Street Address

City

To: City Clerk Corporation of The City of Niagara Falls City Hall, 4310 Queen Street Niagara Falls ON L2E 6X5

TENDER ENVELOPE NO. 2

Tender Description: Contract No. This Envelope Contains ONLY: FORM OF TENDER

Date: Year Time 1:45 P.M. Local Time Envelope must be sealed. Attach (staple) Tender Envelope No. 1 (if applicable) to OUTSIDE of the larger Tender Envelope No. 2 INSTRUCTIONS TO BIDDERS

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

INSTRUCTIONS TO BIDDERS

I N D E X

DESCRIPTION PAGE

1. RETURN OF TENDER DEPOSITS ...... IB - 1 2. TENDER DEPOSITS ...... IB - 1 3. WITHDRAWAL OF TENDERS ...... IB - 1 4. ACCEPTANCE OR REJECTION OF TENDERS ...... IB - 1 5. UNBALANCED TENDERS AND DISCREPANCIES ...... IB - 2 6. INFORMAL TENDERS ...... IB - 2 7. OMISSIONS AND DISCREPANCIES ...... IB - 2 8. QUANTITIES ARE ESTIMATED ...... IB - 2 9. GEOTECHNICAL INVESTIGATION ...... IB - 3 10. EXAMINATION OF SITE ...... IB - 3 11. LIABILITY INSURANCE ...... IB - 3 12. SAFE DRINKING WATER ACT ...... IB - 3 13. ACCESSIBILITY REGULATIONS FOR CONTRACTED SERVICES ...... IB - 3 14. NOTIFICATION OF SERVICE DISRUPTIONS ...... IB - 4

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

INSTRUCTIONS TO BIDDERS

1. Return of Tender Deposits The tender deposits of all unsuccessful bidders will be returned as soon as the bids have been checked for errors and a recommendation has been made to award the contract. The tender deposit of the successful bidder will be returned as soon as the contract is executed by the Owner.

2. Tender Deposits The tender deposit, shall serve as surety that, upon acceptance of the bid, a contract will be entered into for the proper performance of the work within fourteen (14) days of contract award.

The said tender deposit shall be forfeited and surrendered as the agreed amount of liquidated damages, in case of failure of the Contractor to enter into a contract as described above. The said tender deposit will be returned after the contract has been signed, and the required Bonds, Workers’ Compensation Board Clearance Certificate, and Insurance Certificate(s) have been furnished and approved by the Owner.

3. Withdrawal of Tenders A tenderer who has already submitted a tender may submit a further tender at any time up to the official closing time. The last tender received shall supersede and invalidate all tenders previously submitted by that Tenderer. A Tenderer may withdraw his tender at any time up to the official closing time by delivery of a letter bearing his signature and seal as in his tender, to the Owner. No other means of notification will be considered.

Where the Owner calls several tenders for opening on the same date and a tenderer submits tenders on all or more than one of the tenders, it is permissible, after the opening of tenders on one job, for a tenderer to withdraw tenders from further jobs, providing the tenderer is the low bidder on the tender call just opened and the further tenders have not been opened. Tenders withdrawn under this procedure cannot be reinstated.

4. Acceptance or Rejection of Tenders The Owner reserves the right to reject any or all bids as the interests of the Owner may require, without stating reasons therefore, and the lowest or any tender will not necessarily be accepted.

IB - 1 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Tenderers shall keep their tenders open for acceptance for forty five (45) days after the closing date. Withdrawal during this period will result in forfeiture of the tender deposit.

5. Unbalanced Tenders and Discrepancies Tenders that contain prices which appear to be so unbalanced as likely to adversely affect the interests of the Owner may be rejected.

When in a tender the amount tendered for an item does not agree with the extension of the estimated quantity and the tendered unit price, the unit price shall govern and the amount of the total Tender Price shall be corrected accordingly.

In the case of an error in addition, the correct sum of the amounts shown for each tendered item shall be deemed to be the total tender price regardless of the amount submitted by the tenderer.

6. Informal Tenders A tender shall be rejected as informal for any of the following reasons: a) Late bid. b) Incorrect tender form or envelope. c) Bids completed in pencil. d) Incomplete bids, including failure to include addendum. e) Bids with qualifications. f) Bid not signed and/or sealed. g) Erasures, overwriting or strikeouts not initialed. Tender award will be made on the basis of the specified items.

7. Omissions and Discrepancies If a tenderer finds discrepancies in, or omissions from, the drawings, specifications or other tender documents, or if he is in doubt as to their meaning, he should advise the Contract Administrator immediately. A written addendum will be sent to all tenderers if, in the opinion of the Contract Administrator, it is required.

8. Quantities are Estimated The quantities shown for the items in the Form of Tender are estimates only and are for the sole purpose of indicating to tenderers the general magnitude of the work. For any work done or materials supplied on the unit price basis, the Contractor will be paid for the actual measured quantities at the respective unit prices tendered.

IB - 2 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

9. Geotechnical Investigation A geotechnical investigation was completed for this project, in January, 2013. A copy of this document entitled, ‘Geotechnical Investigation; Proposed Wall Rehabilitation, Welland River Culvert on Chippawa Parkway, Structure #S053C; 650m west of Stanley Avenue, City of Niagara Falls, Ontario’ can be found in Appendix A. The Owner does not take responsibility for the accuracy of the information and provides it for consideration by tenderers.

10. Examination of Site Tenderers are required to satisfy themselves as to existing conditions of the site and make appropriate allowances in preparing the tender. The Owner assumes that the information provided is the best available at the time of tender advertising and that tenderers will use the available information as a basis for pricing in the tender. The tenderer shall allow for any conditions deemed reasonable and appropriate for the performance of the work as outlined in the tender documents and incorporate such reasonable allowances in the pricing of the tender.

11. Liability Insurance Tenderers are required to provide liability insurance as defined in NPSCD Special Provisions – General, Item G1.

12. Safe Drinking Water Act The Safe Drinking Water Act, 2002 (SDWA) requires Owners and Operating Authorities of drinking water systems to have an accredited Operating Authority. In order to become accredited, an Operating Authority must establish and maintain a Drinking Water Quality Management System (DWQMS). Bidders shall make themselves aware of the SDWA and DWQMS in place. If requested by the owner of the drinking water system, bidders shall participate in relevant awareness/information sessions either before or after closing of the tenders (see Appendices B & C).

The successful bidder and its sub-contractors working on a drinking water system shall comply with all applicable regulations under the SDWA and also meet all the requirements of the DWQMS.

13. Accessibility Regulations for Contracted Services Contracted employees, third party employees, agents and others that provide customer service on behalf of Owner are legally responsible to be in compliance with the provisions outlined in Section 6 of the Ontario Regulation 429/07 with respect to training under the Customer Service Standard of the Accessibility for Ontarians with Disabilities Act (2005). The Contractor shall ensure that such training includes, without limitation, a review of the purposes of the Act and the

IB - 3 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

requirements of the Regulation, as as instructions regarding all matters set out in Section 6 of the Regulation. By signing Statement “C” the bidder has agreed to be in full compliance with this regulation. The successful bidder will be expected to complete the confirmation form and submit the same at the Preconstruction Review Meeting. A City of Niagara Falls training pamphlet has been included in Appendix D.

14. Notification of Service Disruptions

Contractors shall be responsible for notifying the general public when planning/implementing a disruption to any transportation walkway, pathway, driveway, roadway, etc.. It shall be the Contractor’s responsibility to notify the general public of any disruption to regular service; prior to the commencement of the disruption. In the case where construction activities will cause a disruption to normal service, appropriate signage shall be installed. At the Owner’s request, information relating to the disruption shall be supplied to allow for the posting of disruption notices on the Owner’s web page of choice.

The posted signage shall as a minimum include the headings listed below and shall be filled out by the Contractor and installed in advance of the service disruption.

NOTICE OF SERVICE DISRUPTION

Please be advised of a disruption to:

Reason for disruption:

This service will be unavailable for the period of:

Alternative facilities or services:

For more information or service accommodation, please contact:

WE APOLOGIZE FOR THE INCONVENIENCE.

THANK YOU

IB - 4 FORM OF TENDER

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

FORM OF TENDER

I N D E X

DESCRIPTION PAGE

1. FORM OF TENDER ...... FT - 1 2. SCHEDULE OF QUANTITIES & UNIT PRICES ...... FT - 4 3. TENDER SUMMARY ...... FT - 5 4. TENDERER’S EXPERIENCE IN SIMILAR WORK ...... FT - 6 5. HARMONIZED SALES TAX ...... FT - 7 6. CONFIRMATION FORM ...... FT - 8 7. LIST OF SUB-CONTRACTORS ...... FT - 9

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

FORM OF TENDER

We, the undersigned Contractor(s) have carefully examined the attached documents as herein listed and forming part of this tender DOCUMENTS INCLUDED IN CONTRACT: Special Instructions to Bidders Instructions to Bidders Form of Tender Agreement to Bond Form of Contract Agreement Schedule of Drawings & Specifications Special Provisions – General Supplementary Special Provisions – Contract Items Supplementary General Conditions of Contract Supplementary Construction Drawings (as noted) Addenda (if applicable) and have carefully examined the site and location of the work to be done under this contract. We, the undersigned Contractor(s), understand and accept the said drawings and contract documents, and, for the prices set forth in this Tender, hereby offer to furnish all machinery, labour, tools, apparatus and other means of construction, furnish all materials except as otherwise specified in the Contract, and to complete the work in strict accordance with the drawings and contract documents referred to above, for the total tender price of:

Dollars.

($ ) excluding H.S.T.

FT - 1 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

We acknowledge that we have received ADDENDA Addendum/Addenda No._____* to _____* inclusive, and that all changes specified in the Addendum/Addenda have been included in the prices submitted.

We agreed to commence work as specified to proceed COMMENCEMENT continuously to the completion and to complete all the work & COMPLETION at the unit prices tendered in accordance with the project milestones defined in clause 10 of the SPCS Section and to complete all work at the unit prices tendered by December TENDER IS OPEN 18th, 2020. TO ACCEPTANCE & IRREVOCABLE We agree that this tender is to continue open to acceptance and irrevocable until the formal contract has been executed by the successful Tendered for the said work, and the bond or bonds as specified have been executed by the approved surety or sureties, and that the Owner may, at any time, within forty five (45) calendar days of closing date, accept this tender without notice, whether any tender has been previously accepted or not.

* to be filled in by Tenderer. Signature OFFERED ON BEHALF OF THE CONTRACTOR Date

Signature Insert Workplace Safety & Insurance Board Account No. Signature

Company Name

Address

Witness Contractor’s Seal

FT - 2 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Signature Witness

FT - 1 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

NOTE: a) If the Tendered is a Corporation, the Corporate seal must be affixed under the signature of a duly authorized officer or officers of the Corporation. b) If the Tendered is not a Corporation or a Partnership, the Tendered must sign in the presence of a witness who must also sign. c) If the Tendered is a Partnership, each member of the Partnership must sign in the presence of a witness who must also sign.

FT - 3 All Bidders are to note that the Special Provisions - Contract Items Supplementary are regularly revised and in some cases modified to a specific project. The City will not be responsible for any Bidder not being aware of the changes from previous tender documents. SCHEDULE OF QUANTITIES AND UNIT PRICES CONTRACT NO. 2020-263-12 Chippawa Parkway Culvert Rehabilitation

ITEM SPEC ESTIMATED UNIT TOTAL DESCRIPTION UNIT NO. NO. QUANTITY PRICE PRICE SECTION 'A' - GENERAL

A1 A1 Bonding 1 L.S. $ $

A4 A4 Construction Layout SPCS a) Survey Layout 1 L.S. $ $

A5 A5 Clearing and Grubbing SPCS a) Remove Existing Brush, Shrubs & Vegetation 1 L.S. $ $ MUNI 201

A7 A7 Install, Maintain and Remove Control Devices SPCS a) Light Duty Silt Fence Barrier OPSD 219.110 1 L.S. $ $ MUNI 805

A8 SPCS Construction Signs, Traffic Control and Traffic Management Plan 1 L.S. $ $ MUNI 706

A9 SPCS Contingency Allowance 1 L.S. $ 30,000.00 $ 30,000.00

A10 SPCS Construction Schedule 1 L.S. $ $

A11 SPCS Fish Salvage and Transfer 1 L.S. $ $

TOTAL SECTION 'A' - GENERAL $

FT4 - 1 SCHEDULE OF QUANTITIES AND UNIT PRICES CONTRACT NO. 2020-263-12 Chippawa Parkway Culvert Rehabilitation

ITEM SPEC ESTIMATED UNIT TOTAL DESCRIPTION UNIT NO. NO. QUANTITY PRICE PRICE SECTION 'B' -

B2 B2 Excavation SPCS Includes sawcutting and disposal of surplus or unsuitable excavated materials MUNI 206 a) Removal of Asphalt Pavement - Full Depth 310 m2 $ $ MUNI 510 b) Excavation and 700 m3 $ $ MUNI 902

B3 B3 Granular Material SPCS a) Granular 'A' MUNI 314 i. Roads, Medians 150 t $ $ MUNI 902 b) Granular 'B' - Type II 1,200 t $ $ c) Granular 'M' 40 t $ $

B6 B6 Subdrain SPCS Perforated HDPE c/w Filter Cloth and 19mm Clear Stone (Type 2) MUNI 405 a) 150mm Dia. 30 m $ $

B14 B14 Supply & Place Hot Mix Asphalt SPCS a) Roadways MUNI 310 i. HL3 HS Surface Course - 40mm 35 t $ $ ii. HL8 HS Base Course - 50mm 40 t $ $

B19 B19 Regrading of Ditches and Swales SPCS Includes removal and disposal of excess/unsuitable excavated materials MUNI 206 a) Existing 30 m $ $

B22 B22 Topsoil, Seed and Mulch SPCS Includes any grading necessary to provide positive drainage MUNI 802 a) 100mm Topsoil w/ Seed & Mulch 300 m2 $ $ MUNI 804

B27 B27 Removal of Existing Items SPCS a) Concrete Slab 1 L.S. $ $ MUNI 510 b) Gabion Walls 1 L.S. $ $ c) Steel Beam Guide Rail and Posts 70 m $ $

B36 SPCS Steel Beam Guide Rail and Posts 23 m $ $ MUNI 721

B37 SPCS Energy Attenuating System - MASH SoftStop Terminal System 4 each $ $ MUNI 732

TOTAL SECTION 'B' - ROADS $

FT4 - 2 SCHEDULE OF QUANTITIES AND UNIT PRICES CONTRACT NO. 2020-263-12 Chippawa Parkway Culvert Rehabilitation

ITEM SPEC ESTIMATED UNIT TOTAL DESCRIPTION UNIT NO. NO. QUANTITY PRICE PRICE

SECTION 'F' - STRUCTURAL

F1 SPCS Concrete in Substructure 1 L.S. $ $ MUNI 904

F2 SPCS Waterway Protection and Dewatering 1 L.S. $ $ MUNI 182 MUNI 805

F3 SPCS Stainless Reinforcing Steel 1 L.S. $ $ MUNI 905

F4 SPCS Dowels into Concrete 34 each $ $ MUNI 904

F5 SPCS Retaining Walls with Tiebacks 1 L.S. $ $

F6 SPCS 100 m2 $ $ MUNI 511

F7 SPCS River Stone - R10 50 m2 $ $ MUNI 511

F8 SPCS Rip Rap - R50 100 t $ $ MUNI 511

F9 SPCS Utilities Allowance 1 L.S. $ $

TOTAL SECTION 'F' - STRUCTURAL $

FT4 - 3 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

STATEMENT ‘A’

TENDERER’S EXPERIENCE IN SIMILAR WORK

UNLESS THIS LIST IS PROPERLY COMPLETED, THE TENDER MAY BE DISQUALIFIED

For Whom Year Value Description of Work Work Completed ($) Performed

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STATEMENT ‘B’

HARMONIZED SALES TAX

The Contractor shall not include any amount in his tender price for the Harmonized Sales Tax (H.S.T.). Any amount to be levied with respect to the H.S.T. will be included as a separate item on the payment certificate. The appropriate H.S.T. levy will be paid to the Contractor in addition to the amount approved by the Contract Administrator for work performed under the contract and will, therefore, not affect the amount of the contract. The Contractor will be required to make the appropriate remittance to Revenue Canada in accordance with the legislation.

i) Total Tender Price $ ii) Estimated Cost of the Harmonized Sales Tax (H.S.T.) $ iii) Total Contract Amount [(i) + (ii)] $ iv) H.S.T. Registration Number:

Company Name Contractor’s Signature

Address

Contractor’s Seal

Witness

Witness

FT - 7 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

STATEMENT ‘C’

CONFIRMATION FORM ACCESSIBILITY REGULATIONS FOR CONTRACTED SERVICES

If the nature of your business with the City of Niagara Falls (the ‘City’) requires that any of your employees, sub-contractors or trades interact with the public on behalf of the Owner, it is necessary that the Owner ensure those providing service on our behalf have received ‘Customer Service Training’ in order that we retain our compliance with the requirements of the Accessibility for Ontarians with Disabilities Act 2005.

Please sign below to ensure you are the person able to bind your company. Companies, whose employee’s role may require them to interact with the public on behalf of the Owner, shall receive the CUSTOMER SERVICE STANDARD TRAINING of the ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT 2005.

If you have any questions, please contact:

Jason MacLean, M.Ed., B.A., CSEP-CEP Human Resources Specialist City of Niagara Falls Human Resources Department Phone: 905-356-7521 ext. 4294

The successful Contractor will be required to sign and submit this sheet at the Preconstruction Review Meeting (see SPGS 30).

Dated this day of, ______, 2020.

______Contracting Company

______Signature of Authorized Person Signing for Company

______Position

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STATEMENT ‘D’

LIST OF SUB-CONTRACTORS

The bidders shall list hereunder the names of all sub-contractors intended to be used in the execution of this work subject to the approval of the Contract Administrator.

All work not performed directly by the Contractor's forces shall be included in this list and any changes must be approved by the Contract Administrator.

Sub-Contractor Company Sub-Trade Sub-Contractor Company Name Address

FT - 9 AGREEMENT TO BOND

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

AGREEMENT TO BOND

I N D E X

DESCRIPTION PAGE

1. AGREEMENT TO BOND ...... AB - 1 2. IRREVOCABLE LETTER OF CREDIT ...... AB - 2

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

AGREEMENT TO BOND

We, the undersigned, hereby agree to become bound as Surety for:

......

...... in a bond totaling One Hundred Per Cent (100%) of the contract amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance and maintenance of the works shown as described herein if the Tender for

...... is accepted by the Owner. We also agree to a bond as surety for the payment of the cost of all labour and materials for an amount equal to 100% of the contract sum used by the Contractor in due performance of his work.

It is a condition of this Agreement that if the above-mentioned Tender is accepted, application for a Performance Bond and Labour and Materials Payment Bond, must be completed with the undersigned within fourteen (14) days of acceptance of the tender related thereto, otherwise this Agreement shall be null and void.

Dated this day of, ______, 2020.

______Name of Bonding Company

______Signature of Authorized Person Signing for Company

______(Company Seal)

______Position

AB - 1 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

IRREVOCABLE LETTER OF CREDIT

(FOR TENDER DEPOSITS)

(BANK/CREDIT UNION LETTERHEAD) DATE TO: The Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5

We hereby authorize you to draw on for account of up to an aggregate amount of available on demand.

Pursuant to the request of our said customer, the said we, (approved bank/credit union) hereby establish and give you an irrevocable letter of credit in your favour in the total amount of which may be drawn on by you at any time, and from time to time, upon written demand for payment made upon us by you, which demand we shall honour without enquiring whether you have a right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer.

Provided however, that you are to deliver to (bank/credit union) at such time as a written demand for payment is made upon us, a certificate signed by you agreeing or confirming that monies drawn pursuant to this letter of credit are being drawn because of the obligations of our customer, incurred or to be incurred with reference to your file regarding a tender dated between and THE CORPORATION OF THE CITY OF NIAGARA FALLS relating to as detailed in the said Agreement.

AB - 2 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

The amount of this letter of credit shall be reduced from time to time as advised by notice in writing given to us by you from time to time.

This letter of credit will continue up to the______day of______, 2020, and will expire on that date and you may call for payment of the full amount outstanding under this letter of credit at any time prior to that date should this letter of credit not be renewed. It is a condition of this letter of credit that it shall be deemed to be automatically extended without amendment for one (1) year from the present or any future expiration date hereof, unless thirty (30) days prior to any such date we shall notify you in writing by registered mail that we elect not to consider this letter of credit renewed for any such additional period. Any and all renewals to this letter of credit shall be for a period of not less than one year and without amendment to the original terms of this letter of credit. Partial drawings are permitted.

DATED at______this______day of ______, 2020.

Per: ______

Name:______

Title:______

Per: ______

Name:______

Title:______

AB - 3 FORM OF CONTRACT AGREEMENT

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

FORM OF CONTRACT AGREEMENT

I N D E X

DESCRIPTION PAGE

1. AGREEMENT BETWEEN OWNER AND CONTRACTOR ...... FA - 1 2. CERTIFICATE OF INSURANCE - CONTRACTOR ...... FA - 7 AGREEMENT BETWEEN OWNER AND CONTRACTOR

CONTRACT [INSERT CONTRACT NUMBER] [INSERT CONTRACT NAME]

THIS AGREEMENT made the _____ day of ______, 2020

B E T W E E N: [INSERT NAME OF CONTRACTOR]

Hereinafter called the "Contractor"

- and -

THE CORPORATION OF THE CITY OF NIAGARA FALLS

Hereinafter called the "Corporation"

WHEREAS the Corporation has awarded to the Contractor the contract for the provision of all labour, materials and equipment necessary for the [INSERT CONTRACT NAME AND NUMBER], in the City of Niagara Falls, in accordance with the drawings, specifications, general conditions of the contract and other documents and papers listed in paragraph 4 of this Agreement (all of such drawings, specifications, general conditions of the contract and other documents and papers herein referred to as the "Contract Documents"), copies of which are hereto attached, the Contractor having put in a Tender therefor, a copy of which is hereto annexed, which said Tender has been accepted by the Council of the Corporation;

NOW THEREFORE THIS AGREEMENT WITNESSETH that the Contractor and the Corporation hereby mutually covenant and agree each with the other with respect to the said work as follows:

1. The Contractor covenants and agrees with the Corporation to execute and perform the whole of the work and furnish all the labour, materials and equipment necessary for [INSERT SCOPE OF WORK/CONTRACT NAME AND NUMBER], in the City of Niagara Falls, together with all other works and appurtenances as specified in the Contract Documents and Tender, with due expedition and in a thoroughly workmanlike manner in strict accordance with the provisions of this Agreement and the said Contract Documents and Tender and thereafter to maintain the work for a period of one year from the date of completion in accordance with paragraph GC7.16 of the Ontario Provincial Standards General Conditions and that in the execution and performance of the said work the Contractor will carry out, perform, observe, fulfil and abide by all the covenants, agreements, stipulations, provisions and conditions mentioned and contained in the said Contract Documents and Tender to be carried out, performed, observed and fulfilled by the Contractor to the same extent and as fully as if each of them was set out and specifically repeated in this Agreement.

FA - 1

2. The Contractor further covenants and agrees with the Corporation as follows:

a. The said Contract Documents and Tender are intended to cover and provide for first class completed work in all respects and everything necessary to carry out this intent and which may reasonably be implied from the said Contract Documents and Tender shall be done by the Contractor, although not particularly referred to therein;

b. To commence work upon notification from the Director of Municipal Works or his duly authorized representative and to proceed continuously to substantial completion and to obtain substantial completion as defined in the Construction Act, R.S.O. 1990, c. C.30 within XX working days. Construction shall be substantially completed by [INSERT DATE]. The Contractor further agrees to pay to the Corporation the sum as specified in the Special Instructions to Bidders for liquidated damages for each and every working days’ delay in finishing the work in excess of the number of working days taken beyond the completion date and as set out in G16 of the Special Provisions - General of the Niagara Peninsula Standard Contract Document;

c. That the Contractor has examined the site of the work and has satisfied itself as to the working conditions, the nature and kind of work to be done, the special risks associated therewith and as to any and all matters which may be necessary in order to form a proper conception of the conditions under which the work will be required to be performed;

d. To provide a Performance Bond for the full and due performance of the work provided for herein at the unit prices as specified and for the maintenance of the said work for a period of one year after acceptance thereof, payable to the Corporation for 100% of the Tender price;

e. To provide a Labour and Material Payment Bond for 100% of the Tender price on all labour and material purchased by the Contractor and used in the performance of the work;

f. To deliver to the Corporation on or before the execution of this Agreement the policies of insurance in accordance with the following provisions in the Contract Documents: paragraph GC6.03 of the Ontario Provincial Standards General Conditions;

g. To provide evidence that all the Contractor's employees are covered by the provisions of the Workplace Safety and Insurance Act and to pay all assessments in respect thereof;

h. To indemnify and keep indemnified and save harmless the Corporation and each of its officers, servants and agents from and against all actions, suits, claims, executions and demands which may be brought against or made upon the Corporation, its officers, servants and agents and from all loss, costs, charges, damages, liens and expenses which may be paid, sustained or incurred by the Corporation, its officers, servants and agents by reason of

FA - 2

or on account or in consequence of the execution and performance of the said work or of the non-execution or imperfect execution thereof or of the supply or non-supply of plant or material therefor;

i. To pay to the Corporation and to such officer, servant or agent thereof, on demand, any loss, costs, damages or expenses which may be paid, sustained or incurred by the Corporation or any of its officers, servants or agents in consequence of any such action, suit, claim, lien, execution or demand and any moneys paid or payable by the Corporation or any of its officers, servants or agents in settlement or in discharge thereof, or on account thereof and that in default of such payment all such loss, costs, damages and expenses and any moneys so paid or payable by the Corporation, its officers, servants or agents and also any moneys payable by the Contractor under any of the terms and conditions of this contract may be deducted from any moneys of the Contractor then remaining in the possession of the Corporation on account of this or any other contract or may be recovered from the Contractor or the Surety or Sureties named in the said Bonds in any court of competent jurisdiction as moneys paid at their request or from any insurer under a Contract of Insurance;

j. And the Contractor hereby authorizes and empowers the Corporation or its Solicitor for the time being, to defend, settle or compromise any of such actions, suits, claims, liens, executions or demands as the Corporation or its said Solicitor may deem expedient and also hereby agrees to ratify and confirm all the acts of the Corporation or its Solicitor in that behalf and to pay to the Corporation, on demand, all reasonable costs of defending, settling or compromising any such actions, suits, claims, liens, executions or demands as the Corporation may deem it expedient to defend, settle or compromise and that in default of such payment the same may be deducted from any moneys payable by the Corporation to the Contractor on any account whatever. Provided, however, that the Contractor may at the expense of the Contractor, take charge of and conduct the defence in the name of the Corporation to any such action, claim or suit; and

k. To maintain proper and accurate accounts and records for at least seven (7) years after the expiry or early termination of the Agreement.

3. The Corporation covenants and agrees with the Contractor to make payments for the due and proper execution of the work at the times and in the manner specified in the provisions of the Contract Documents, but subject to the holdbacks, deductions and liquidated damages specified in paragraphs 5 and 6 of the Special Instructions to Bidders, and in accordance with paragraph GC8.02 of the Ontario Provincial Standards General Conditions.

4. It is mutually understood and agreed between the parties hereto as follows:

a. That the documents and papers set forth below shall form part of this Agreement, namely:

i. Special Instructions to Bidders;

FA - 3

ii. Instructions to Bidders; iii. Form of Tender; iv. Agreement to Bond; v. Irrevocable Letter of Credit (For Tender Deposits); vi. Form of Contract Agreement; vii. Certificate of Insurance – Contractor; viii. Contract Drawings: [LIST CONTRACT DRAWINGS]; ix. City of Niagara Falls Standard Drawings: [LIST DRAWINGS]; x. Ontario Provincial Standard Drawings (OPSDs) as set out in the Contract Documents; xi. Ontario Provincial Standard Specifications (OPSSs) as set out in the Contract Documents; xii. Special Provisions – General Supplementary; xiii. Special Provisions – Contract Items Supplementary; xiv. General Conditions of Contract Supplementary; xv. Appendix “A” – Geotechnical Investigation Report; xvi. Appendix “B” – Information for Contractors Performing Work on the Niagara Falls Drinking Water System; xvii. Appendix “C” – Record of Review; and xviii. Appendix “D” – Disability and Human Rights Training Pamphlet; and

NIAGARA PENINSULA STANDARD CONTRACT DOCUMENT

https://www.niagararegion.ca/business/tenders/npscd/default.aspx

Revision 20 – April 2019

i. Guidelines - revision 6 (2002); ii. Revisions; iii. Sample Page – Table of Contents; iv. Sample Page – Form of Tender – revision 16 (2015); v. Instructions to Bidders – revision 16 (2015); vi. Special Provisions – General – revision 20 (2019); vii. Special Provisions – Contract – revision 20 (2019); viii. Supplementary General Conditions – revision 20 (2019);

Drawings ix. NRS 3000 – Tactile Warning Surfaces and Sidewalk Ramps; and

all of the above herein referred to as the "Contract Documents"; and

Tender of the Contractor dated [INSERT DATE]; b. That the work as hereinbefore set forth shall be performed and completed to the satisfaction of the Director of Municipal Works for the Corporation; c. That this Agreement shall extend to and be binding upon and enure to the benefit of the successors and assigns of the Contractor and the successors and assigns of the Corporation; and

FA - 4

d. That the word "Contractor" wherever used in this Agreement and the documents listed in clause (a) hereof, shall, where the context or the party or parties hereto so require, be construed as if the plural had been used and the rest of the sentence shall be construed as if all other changes thereby rendered necessary had been made.

IN WITNESS WHEREOF the parties have executed this Agreement.

[INSERT NAME OF CONTRACTOR]

Per: Name: Title:

Name: Title:

I/We have authority to bind the Corporation

THE CORPORATION OF THE CITY OF NIAGARA FALLS

Per: James M. Diodati, Mayor

William G. Matson, City Clerk

FA - 5

CERTIFICATE OF INSURANCE - CONTRACTOR (As it relates to Special Provisions - General G1 and General Condition GC6.0 of the Niagara Peninsula Standard Contract Document)

This form must be completed and signed by your insurer or insurance broker. Note: 1. Proof of insurance will be accepted on this form only (with no amendments). 2. Insurance company must be licensed to operate in Canada.

This is to certify that the Insured, named below, is insured as described below. Insured: Name & Address: Telephone Number:

Fax Number:

Location and nature of operation or contract to which this Certificate applies:

Policy Dates Type of Insurance Company & Policy # Limits of Liability/Amounts Effective Expiry

Section 1 - Primary Bodily Injury & Property Damage Commercial General Liability $ ______Inclusive (Occurrence Basis) $ ______Aggregate $ ______Deductible

Section 2 Excess/Umbrella $ ______Inclusive

Section 3 Bodily Injury & Property Damage Automobile Liability $______Inclusive

Section 4 Additional Insured as required by contract: 1. The Corporation of the City of Niagara Falls 2. Other:

Section 5: If Applicable Under the Terms of the Contract:

Policy Period Other Policy(ies) Insurer=s Name Policy Number Limits of Coverage Effective Expiry

Builder=s Risk $

Environmental Impairment $ Liability

Asbestos Abatement $

Mold Remediation $

Other $

PROVISIONS / AMENDMENTS / ENDORSEMENTS: A. No exclusions for damage or loss from the removal or weakening of support of any property, building or land whether such support be natural or otherwise or from blasting or vibration from pile driving or caisson work. (Delete and initial if not applicable.) B. Commercial General Liability Insurance is extended to include the following coverage: Cross Liability and Severability of Interest Clause, Premises and Operations Liability, Blanket Contractual Liability, Products / Completed Operations, Personal Injury, Broad Form Property Damage, Owners & Contractors Protective, Contingent Employers Liability and Non- Owned Automobile Liability. C. With respect to the Commercial General Liability Insurance, THE CORPORATION OF THE CITY OF NIAGARA FALLS, its officers and/or officials, employees and volunteers (and Aother@ entities as outlined in Section 4 above) have been added as Additional Insureds but only with respect to liability arising out of the operations of the Named Insured. D. The Commercial General Liability Insurance Policy(ies) identified above shall protect each Insured in the same manner and to the same extent as though a separate policy has been issued to each, but shall not increase the Limits of Liability as identified about beyond the amount or amounts for which the company would be liable if there had been only one Insured. Any failure to comply with any provision of the insurance policy by the Named Insured shall not affect coverage provided to The Corporation of the City of Niagara Falls. E. The policy(ies) identified above shall apply as primary insurance and not excess to any other insurance available to THE CORPORATION OF THE CITY OF NIAGARA FALLS. F. If cancelled or changed to reduce the coverage as outlined on this Certificate, during the period of coverage as stated herein, thirty (30) days (ten (10) days if cancellation is due to non-payment of premium) prior written notice by registered mail will be given by the Insurer(s) to: THE CORPORATION OF THE CITY OF NIAGARA FALLS LEGAL SERVICES 4310 QUEEN STREET, P.O. BOX 1023 NIAGARA FALLS, ONTARIO L2E 6X5 This certificate is executed and issued to the aforesaid Corporation of the City of Niagara Falls, the day and date herein written below. Name of insurance company or broker (completing form): Telephone number:

Address: Fax number:

Name of authorized representative or official (please print): Signature of authorized representative or official: Date (year, month, day)

PROOF OF LIABILITY INSURANCE WILL BE ACCEPTED ON THIS FORM ONLY (WITH NO AMENDMENTS) Rev. May 2010 SCHEDULE OF DRAWINGS & SPECIFICATIONS

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

SCHEDULE OF DRAWINGS & SPECIFICATIONS

I N D E X

DESCRIPTION PAGE

1. CONTRACT DRAWINGS...... SD - 1 2. CITY OF NIAGARA FALLS STANDARD DRAWINGS ...... SD - 1 3. ONTARIO PROVINCIAL STANDARD DRAWINGS (OPSDS) ...... SD - 1 4. ONTARIO PROVINCIAL STANDARD SPECIFICATIONS (OPSSS) ...... SD - 2

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

SCHEDULE OF DRAWINGS & SPECIFICATIONS

1. CONTRACT DRAWINGS

Description Dwg. No. COVER - GENERAL ARRANGEMENT CC-9044 MISCELLANEOUS DETAILS CC-9045 SEDIMENT AND PLAN CC-9046

2. CITY OF NIAGARA FALLS STANDARD DRAWINGS The following standard drawings may be found at the end of this section.

Description Dwg. No. Contract Sign NFS-A04 Concrete Curb Restoration (CB and C&G Detail) NFS-B03

3. ONTARIO PROVINCIAL STANDARD DRAWINGS (OPSDs) Contractors are advised that the City of Niagara Falls has adopted the Ontario Provincial Standard Drawings. Copies of the relevant drawings ARE NOT included in this Contract; therefore, it is necessary for Contractors to obtain their own set of current Ontario Provincial Standard Drawings (OPSDs). Applicable OPSDs shall be referenced on the contract drawings and within the contract specifications.

SD - 1 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

4. ONTARIO PROVINCIAL STANDARD SPECIFICATIONS (OPSSs) Contractors are advised that the City of Niagara Falls has adopted the Ontario Provincial Standard Specifications. Copies of the relevant specifications ARE NOT included in this Contract; therefore, it is necessary for Contractors to obtain their own set of current Ontario Provincial Standard Specifications (OPSSs). Applicable OPSSs shall be referenced on the contract drawings and within the contract specifications.

SD - 2 DIRECTOR OFMUNICIPAL WORKS Erik Nickel,P.Eng. James M.Diodati MAYOR CONTRACT No. CHIPPAWA PARKWAYCULVERT THE CITYOFNIAGARAFALLS THE CORPORATIONOF CULVERT REHABILITATION KEYPLAN N.T.S. 2020-263-12 DWG NO. CC-9045 CC-9046 CC-9044 MISCELLANEOUS DETAILS GENERAL ARRANGEMENT SEDIMENT ANDEROSIONCONTROLPLAN TITLE DRAWING LIST REV. 0 0 0

CHIPPAWA PARKWAY CULVERT CULVERT REHABILITATION 2020-263-12 0 AUGUST 2020 IN THE CITY OF NIAGARA FALLS

· · · Contract No. Project Cost 0000-000-00 $98,765,432

Estimated Timeline Spring 2019 to Fall 2019

CONTRACT SIGN NFS-A04 0 200

EXIST. CURB

15m REINFORCING BAR (TYPICAL)

200 1.5m PROPOSED CURB RESTORATION

200 200 EXIST. CURB

EXIST. CURB 200 200

600mm(MIN.) PROP. CURB RESTORATION

400mm 15m REINFORCING BAR (TYP.) NOTE: EXIST. CURB 1. PROPOSED 15M REINFORCING BAR TO BE DRILLED 200mm INTO EXISTING CURB AND EXTEND 200mm INTO PROPOSED CURB. 2. DIMENSIONS IN mm UNLESS NOTED OTHERWISE. CONCRETE BARRIER CURB CONCRETE SEMI- MOUNTABLE CURB

15M REINFORCING BARS 15M REINFORCING BARS 175 100 100

75 300 75 300

SCALE N.T.S. CITY OF NIAGARA FALLS MUNICIPAL WORKS DATE MAY 2018

CONCRETE CURB RESTORATION DWG. NO. REV. CATCHBASIN AND CURB & GUTTER DETAIL NFS-B03 1 SPECIAL PROVISIONS – GENERAL SUPPLEMENTARY

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

SPECIAL PROVISIONS – GENERAL SUPPLEMENTARY

I N D E X

DESCRIPTION PAGE

G1. EXECUTION OF CONTRACT ...... SPGS - 1 G6. OCCUPATIONAL HEALTH AND SAFETY ACT ...... SPGS - 1 G11. DISPOSAL OF SURPLUS OR UNSUITABLE EXCAVATED ...... SPGS - 2 G18. MAINTENANCE HOLDBACK ...... SPGS - 2 G20. CONTRACTOR’S RESPONSIBILITY FOR EXISTING SERVICES ...... SPGS - 3 G30. PRE-CONSTRUCTION REVIEW MEETING ...... SPGS - 3 G31. EXISTING CONDITIONS ...... SPGS - 5 G32. OPERATIONS ...... SPGS - 6 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

G1. EXECUTION OF CONTRACT All Tenderers are reminded of the provisions and requirements for Contract Execution and Failure to Execute as detailed in the Niagara Peninsula Standard Contract Document - Special Provisions General, Items G1 and G2. These provisions will be strictly enforced in regard to timing requirements.

Insurance Certificate The successful bidder shall note that only the following words Aor from blasting or vibration from pile driving or caisson work@ may be deleted on the following clause of the Certificate of Insurance (in Form of Contract Agreement – Certificate of Insurance – Contractor): ANo exclusions for damage or loss from the removal or weakening of support of any property, building or land whether such support be natural or otherwise or from blasting or vibration from pile driving or caisson work.@

G6. OCCUPATIONAL HEALTH AND SAFETY ACT The Contractor is reminded that the terms of the contract are to be executed in strict compliance with the requirements of the latest amendment of the Occupational Health and Safety Act. Attention is drawn to the OPS General Conditions of Contract, Section GC 7.01.06, and GC 7.01.07. Ontario Regulation 213/91 (Construction Projects) and the following regulations under the Act may also affect execution of the terms of the contract:  Confined Spaces (Reg 632/05)  Control of Exposure to Biological or Chemical Agents (Reg 833)  Critical Injury - Defined (Reg 834)  Designated Substance - Asbestos on Construction Projects (Reg 278/05)  Designated Substance - Vinyl Chloride (Reg 846)  Roll-Over Protective Structures (Reg 856)  Workplace Hazardous Materials Information System - WHMIS (Reg 860)  First Aid Requirements (Reg 1101)

In accordance with the Provisions of Section 9 of the Act, if:  the Project is over 3 months in duration, the Contractor is required to undertake monthly site inspections of the workplace. The City will require copies of all monthly site inspection forms.  the Contractor is required to maintain a Joint Health and Safety Committee, the City will require copies of the agenda and minutes of any Committee meeting where discussions will be related to the City work site. The City will also require copies of any Incident or Accident Reports related to the Project.

SPGS - 1 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

In accordance with the OPS General Conditions of Contract, Section GC 7.01.08, the Contractor is hereby requested to submit a copy of its Health and Safety Policy and Program to the Contract Administrator prior to the Pre-Construction Review Meeting (see G30).

All procedures as outlined in the latest editions of the ESA / TSSA ‘Guideline for Excavation in the Vicinity of Utility Lines’ and ‘Enbridge Third Party Requirements in the Vicinity of Natural Gas Facilities’ must be adhered to, specifically:  Ontario Regulation 22/04 – Electrical Distribution Safety, and  Ontario Regulation 210/01 – Oil and Gas Pipeline Systems.

Any associated costs are deemed to be included in the tender items.

G11. DISPOSAL OF SURPLUS OR UNSUITABLE EXCAVATED The provisions of the NPSCD Special Provision G11 shall apply except as amended or extended herein:

The Contractor will provide the Contract Administrator with written authorization for use of any private property including a copy of the property owner’s Site Alteration Permit.

The Contractor must submit copies of all approvals for the disposal site location(s) from all government agencies. If the dump site is within the limits of the City of Niagara Falls and more than 20 loads are to be dumped, then the Contractor must apply for a Site Alteration Permit.

The unit or lump sum bid prices for the applicable contract items shall be deemed to have made full allowance for these requirements.

G18. MAINTENANCE HOLDBACK

The maintenance holdback, where specified in the "Special Instructions to Bidders", shall be the percentage amount specified applied to the final contract value, rounded to the nearest one hundred dollars, or one thousand dollars ($1,000.00) whichever is greater, as certified by the Contract Administrator. The aforesaid holdback shall be released upon receipt of Contractor invoice only after:

(i) the expiration of one (1) year period from date of completion or any extension thereof as agreed upon with the Contractor;

(ii) the Contractor has submitted a letter from the Worker's Compensation Board certifying that he is in good standing with the Board;

(iii) the Contractor has submitted a Statutory Declaration re Liens and Payment of Accounts;

(iv) There are no outstanding deficiencies

SPGS - 2 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

No reduction will be considered prior to the expiration of the maintenance period.

G20. CONTRACTOR’S RESPONSIBILITY FOR EXISTING SERVICES The provisions of the NPSCD Special Provision G20 shall apply except as extended herein:

The City of Niagara Falls will no longer provide locating services for municipal infrastructure, including water, wastewater and/or street lights.

It will be the Contractor’s responsibility to coordinate and secure “Municipal Infrastructure Locates” through Ontario One Call: 1-800-400-2255.

The Contractor shall further protect and support existing municipal infrastructure without ‘service delivery interruption’ at no additional cost to the contract.

In the event that existing municipal infrastructure is damaged, the City’s Contract Administrator shall be notified immediately. The Contractor will be responsible for the repair of any damaged infrastructure, to the City’s standard and must be approved by the Contract Administrator.

All costs associated with such damage shall be borne by the Contractor at no additional cost to the contract.

G30. PRE-CONSTRUCTION REVIEW MEETING Prior to the start of construction, the City and the successful Contractor will coordinate and attend a pre-construction review meeting. In order to allow for a relevant review and discussion, the Contractor is required to have all submittals necessary, as per the contract requirements, delivered to the Contract Administrator two (2) working days prior to the pre-construction meeting, including but not limited to the following:  All documentation required for contract execution, if not already submitted, as per Special Provisions - General Item G1 of the Niagara Peninsula Standard Contract Documents including the necessary bonding, requested Certificate of Insurance and Workplace Safety and Insurance Board certification of good standing  A copy of the Ministry of Labour Notification as per NPSCD Special Provisions - General Item G6  A listing of all products controlled under WHMIS expected to be used on the project and related Material Safety Data Sheets as per NPSCD Special Provisions - General Item G7  A detailed construction schedule for construction on the project for review and approval by the Contract Administrator. The schedule shall be in the form of a bar chart showing the sequencing of intended construction works indicating proposed start and finish dates and duration in working days of the broken down tasks or activities. The construction schedule should identify the critical path and will need to be updated by the Contractor for any subsequent site progress meetings. Once

SPGS - 3 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

approved by the Contract Administrator, the City will provide the Contractor with the required notice to commence construction based upon the approved start date as per the requirements in the NPSCD Special Provisions - General Item G3.

The Contractor is to note the requirements of General Item G3 regarding the charging of working days. Following issuance of the notice to commence construction, any revisions to the construction schedule must be made in the form of a written request by the Contractor, to be reviewed and approved by the Contract Administrator.  A list of proposed recycling facilities and disposal sites, including written authorizations as required, to be utilized on this contract  A copy of the proposed Traffic Control and Management Plan, in accordance with all the provisions of SPCS A8, for review by the Contract Administrator. The Traffic Control and Management Plan shall include drawings, plans, sketches, etc., illustrating the layout of typical signage.  A listing of the Contractor=s proposed supervisory personnel for this project, including contact information.  A listing of all the Contractor=s staff that are planned to take part in the project, complete with a list of training received and copies of all their applicable certificates and labour rates validated by the firm=s accountant.  A list of the proposed sub-Contractors and material suppliers intended to be utilized on this contract, for review by the Contract Administrator.  A listing of all equipment proposed to be used on this project, with rental rates, where applicable.  A copy of the proposed chlorine residual and bacteriological sampling plan, if applicable.  A signed copy of the Record of Review (Appendix C) acknowledging the requirements of the Safe Drinking Water Act as per Appendix B. Must submit a signed copy for each employee supervising on the job site.  A signed copy of Statement ‘C’ in the Form of Tender, acknowledging the requirements of the requirements of the Accessibility for Ontarians with Disabilities Act 2005.  Any other necessary submittals required by provisions elsewhere in this contract that are needed for review by the Contract Administrator such as shop drawings or sampling and testing plans.

Please note that the information submission requirements noted above will be strictly enforced. The City, at its sole discretion, may opt not to proceed with the pre- construction review meeting until such time as the complete list of applicable submittals, as noted above, have been satisfactorily submitted to the Contract Administrator for review. Please also note that any proposed changes, revisions, additions or deletions to

SPGS - 4 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation the information, lists, plans and schedules noted above must be submitted, in advance and in writing, to the Contract Administrator for review and approval.

If not already undertaken, all necessary notifications and arrangements for undertaking of the pre-condition surveys, in accordance with the provisions of Contract Item A2, are to be coordinated with the City.

G31. EXISTING CONDITIONS Access Vehicular and pedestrian access to all businesses, homes and side streets must be maintained at all times. Co-ordination and co-operation from the Contractor will be required to ensure minimum disruption during all phases of the construction. In the case that there is a driveway closure, 24 hours’ notice shall be given to the property owner.

Damages Any unreasonable damage, as determined by the City, to lawns, driveways, etc., shall be repaired or replaced immediately by the Contractor at their expense. Drainage The Contractor shall schedule their construction operations in such a manner that a storm drainage outlet will always be available. This is to ensure that the exposed sub-grade or granular base will not be subjected to flooding and ponding problems. The unit price bid under the appropriate items shall allow for this requirement and no extra payment shall be made for the excavation and replacement of soft, wet areas caused by inadequate drainage.

Tree Protection The Contractor shall make due allowance to include root and tree limb protection to existing trees. This work will consist of cutting all tree roots/limbs of any size to sound wood by lopping shears or sawn . Should backfilling not take place immediately, the tree root system shall be covered to protect against root system dying out immediately.

Utilities The Contractor is advised that existing utilities are in very close proximity to the proposed construction. Extra care is required by the Contractor to not disturb or undermine these utilities. Any associated cost for this work is deemed to be included in the tender items.

Existing utility locations and depths of utilities, whether indicated on the drawings or not, shall be confirmed by the Contractor prior to construction.

Preservation of existing utilities shall be as per OPSS 491. For utilities greater than 300mm diameter the Contractor shall submit shop drawings, stamped by a professional engineer licensed to practice in Ontario, to the Contract Administrator detailing the temporary and permanent support. The Contractor shall also advise the Utility owner when he will be working in the vicinity of their plant. No special payment will be made for

SPGS - 5 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation this item. The cost of utility supports shall be included in the unit price bid for sewers and watermain, etc.

G32. OPERATIONS The Contractor shall be responsible to obtain all required inspections and permits before commencing construction operations, including any associated application fees.

Surplus Native Material The Contractor may be directed to deliver a number of loads of native material to the City=s Service Centre located on Stanley Avenue. This material shall be free of rock/stone and any other unsuitable material. This shall be at the discretion of the Contract Administrator and shall be at no extra cost to the City.

Regional Restoration The Contractor, prior to any construction occurring within any Regional Road Allowance, must apply for and receive a Construction Encroachment Permit from the Regional Municipality of Niagara. All restoration work on any regional road shall be carried out immediately upon completion of the construction, all in accordance with the Regional Construction Encroachment Permit conditions.

Excavation and Trenching Under this contract, the Contractor shall solely be responsible for all costs of supplying, installing, maintaining and removing whatever dewatering equipment, sheathing, shoring and other materials and methods that may be required to cope with the ground conditions in order to complete the work. The Contractor shall be responsible for the reinstatement of the area disturbed by their operations to a condition equal to or better than the original condition. The unit bid prices under the appropriate items for restoration shall be deemed to have made due allowance for this contingency.

It is strongly recommended that the Contractor use a box to install the watermain, sanitary sewer, storm sewer catchbasin leads, water services and any other pipes. The width of the trench box shall conform to OPSD 802.010 for Flexible Pipe, and OPSD 802.020 and OPSD 802.031 for Rigid Pipe. The height of the trench box shall be from 150mm below the bottom of the pipe to the level of the existing ground.

If the Contractor does not use a trench box as described above, then payment for the Granular >A= material will be based on the theoretical dimensions, which are as follows:

Width: Follow OPSD 802.010, OPSD 802.030 and OPSD 802.031 as applicable Height: From 150mm below the pipe to the level of the existing ground surface. Length: Equal to the pipe length

Therefore, to calculate Granular >A= weight (tonnes): Granular >A= (tonnes) = 2.4 x (Width x Height x Length - (π x D2 x L) / 4)

SPGS - 6 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

where, D = Pipe OD L = Length of Pipe π = 3.1416

When a trench box is used to support the wall of a trench its removal shall be as per clause 404.07.03 in OPSS 404.

Trench Backfill and Compaction Trench backfill under the travelled portion of the road, shoulders, sidewalks and driveways shall be Granular 'A' compacted to 100% Standard Proctor Density. Select native material will be allowed for all other areas and shall be compacted to 95% Standard Proctor Density. Backfill around all maintenance holes and catchbasins shall be Granular 'A' compacted in 300mm layers to 100% Standard Proctor Density.

The required compaction shall be carried out using the type of equipment suited to the material to be compacted, the degree of compaction required and the space available. Jetting will not be accepted as a suitable means of compacting trench backfill material.

Trenching, backfilling and compacting shall also be in accordance with OPSS 401.

Tenderers shall note that payment for all granular backfill materials shall be by the tonne. To control granular costs, supervisory staff will be strictly controlling the vertical trench requirement.

No roadway granular is to be placed until the elevation has been checked. Payment for all material quantities shall be determined by net weight as recorded by a Government certified weigh scale. The supplier will be responsible for supplying suitable scales for all materials to be weighed. Triplicate numbered weigh bills shall be provided by the representative for each load of material as soon as delivery has been accepted. Tenderers shall note that weigh bills for granular materials will only be accepted for payment when delivery is made in the presence of the City’s Inspector. Tenderers are advised to familiarize themselves with the Inspector's normal work hours.

All weigh tickets pertaining to all materials paid for by weight must show either "Tare and Net" or "Gross and Net" weights, if printimatic tickets are used. If printimatic tickets are not used, then the "Gross", "Net" and "Tare" must be given, otherwise the tickets will not be considered for payment.

The onus shall be on the Contractor to ensure that the Contract Administrator's representative is furnished with all delivery slips on a daily basis, since these will form the method of measurement.

The Contract Administrator shall have the right to verify the weight of any load of material. If the actual weights are less than that indicated on the delivery tickets, the total weight delivered on that day will be reduced by a percentage equal to the percentage deficiency in loads checked, and no payment will be made for the extra haul described above.

SPGS - 7 SPECIAL PROVISIONS – CONTRACT ITEMS SUPPLEMENTARY

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

SPECIAL PROVISIONS – CONTRACT ITEMS SUPPLEMENTARY

I N D E X

DESCRIPTION PAGE

A4. CONSTRUCTION LAYOUT ...... SPCS-1 A5. CLEARING AND GRUBBING ...... SPCS-1 A7. INSTALL, MAINTAIN AND REMOVE SILT CONTROL DEVICES ...... SPCS-2 A8 CONSTRUCTION SIGNS, TRAFFIC CONTROL & TRAFFIC MANAGEMENT PLAN ...... SPCS-2 A9 CONTINGENCY ALLOWANCE ...... SPCS-4 A10. CONSTRUCTION SCHEDULE ...... SPCS-4 A11. FISH SALVAGE AND TRANSFER ...... SPCS-5 B2. EXCAVATION ...... SPCS-6 B3. GRANULAR MATERIAL ...... SPCS-7 B6. SUBDRAIN ...... SPCS-9 B14. SUPPLY AND PLACE HOT MIX ASPHALT ...... SPCS-9 B19. REGRADING OF DITCHES AND SWALES ...... SPCS-10 B22. TOPSOIL, SEED AND MULCH ...... SPCS-11 B27. REMOVAL OF EXISTING ITEMS ...... SPCS-12 B36. STEEL BEAM GUIDE RAIL AND POSTS ...... SPCS-13 B37. ENERGY ATTENUATING SYSTEM - MASH SOFTSTOP TERMINAL SYSTEM ...... SPCS-14 F1. CONCRETE IN SUBSTRUCTURE...... SPCS-14 F2. WATERWAY PROTECTION AND DEWATERING ...... SPCS-15 F3. STAINLESS REINFORCING STEEL ...... SPCS-17 F4. DOWELS INTO CONCRETE ...... SPCS-17 F5. RETAINING WALLS WITH TIEBACKS ...... SPCS-18 F6. GEOTEXTILE ...... SPCS-27 F7. RIVER STONE – R10 ...... SPCS-27 F8. RIP-RAP – R50 ...... SPCS-28 F9. UTILITY ALLOWANCE ...... SPCS-28

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

A4. CONSTRUCTION LAYOUT In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document, the following shall also apply:

The Contractor shall survey and record grades and centreline of existing roadway. The new roadway grades and centreline are to match existing conditions.

The Contractor shall include in the lump sum cost for this item the costs to undertake all layout, including, but not limited to: setting screed elevations, the checking of all grades and alignment with the use of batter boards and boning rods or digital survey equipment to ensure proper adherence to design, re-staking of layout lost due to destruction or removals and any additional layout within the intent of the contract for minor revisions to the road, sidewalk, or utility designs, et cetera.

An absolute minimum of 3 layout stakes shall be provided for any single line of layout. Maximum spacing of grade stakes shall be 15 metres for all layout and at all changes of grade and/or direction.

Failure to comply with the above conditions will result in a reduction in payment to this item.

Payment at the lump sum Contract price for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

A5. CLEARING AND GRUBBING In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document and OPSS MUNI 201, the following shall also apply:

This item shall include the complete removal and disposal of all trees, vegetation, and shrubs, including stumps, as specified on the contract drawings or as directed by the Contract Administrator. All stumps shall be removed to 300mm below finished grade or, in the case where existing tree roots may interfere with the installation of works in the contract, remove the entire stump and dispose of off-site.

Small trees, stumps and brush within the road alignment, new structure construction alignment, including the channel working area, are to be cleared and grubbed.

Special Provision A5 is amended as follows:

DELETE - Measurement for payment shall be as per OPSS 201.09.01.01.02 and ADD - Basis of Payment:

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Payment at the lump sum Contract price for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

A7. INSTALL, MAINTAIN AND REMOVE SILT CONTROL DEVICES In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document and OPSS MUNI 805, the following shall also apply:

The work under this item shall include the supply, installation and maintenance of a Light Duty Silt Fence Barrier, as per OPSD 219.110, at the following locations:  At the water’s edge within the construction limits.  As required to prevent muddy water, silt or debris from entering the waterway.

The silt fence shall be installed to prevent the release of sediment and debris to the water body during the excavation, removals and grading processes.

The Contractor shall place additional erosion protection as directed by the Contract Administrator or the Niagara Peninsula Conservation Authority.

Payment at the Contract price shall be payment in full for all labour, equipment and materials necessary to complete the work.

A8 CONSTRUCTION SIGNS, TRAFFIC CONTROL & TRAFFIC MANAGEMENT PLAN In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document, GC7.06 and OPSS MUNI 706, the following shall also apply:

Interference with normal flow of traffic shall be kept to a minimum. The Contractor shall be prepared to supply and erect any barricades and signs which may be required for complete control of both pedestrian and vehicular traffic including competent flag persons in accordance with Ontario Manual of Uniform Traffic Control Devices. The Contractor shall further provide a Traffic Control and Management Plan in accordance with the most recent amendments to the Occupational Health and Safety Act (OHSA). The lump sum price shall be deemed to have included this provision.

The Contractor shall also be responsible for supplying their hired help with any necessary safety and/or protective equipment required to perform the work safely.

Chippawa Parkway within the project limits will be closed to traffic for the duration of the project. It will be the Contractor's responsibility to propose and maintain traffic detours to accommodate the road closures including the supply, installation and removal of signage as well as daily review and maintenance of the same.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Signage The traffic control signage requirements shall include the following: Supply, locate, erect, operate maintain, relocate as necessary and remove all necessary traffic signs, construction signs, including delineators, barricades and flashing lights, in accordance with the Ontario Traffic Manual (OTM) Book 7, the latest edition of the “Traffic Control Manual for Roadway Work Operations – Field Edition”, and OPSS MUNI 706.

The Contractor is responsible for the installation, daily maintenance and removal of all construction signage throughout the contract.

Regulatory signs and Street Name signs cannot be removed without approval of the City.

Any existing signs removed by the Contractor to accommodate construction shall be kept operational by placement on a temporary support.

All regulatory signs and street name signs will be replaced permanently by City forces with the cooperation of the Contractor.

Communications The Contractor will be responsible to keep residents informed of potential disruption to their driveway access and or any additional potential impacts as related to the construction activities.

The Contractor shall advise the Police Department, Fire Department and Niagara Emergency Medical Service on a daily basis, with current status of the construction as it pertains to the passage of traffic within the contract limits.

Winter Maintenance Where applicable, the Contractor will be responsible for winter control maintenance in compliance with Provincial minimum maintenance standards for snow clearing, storage and removal, salting and sanding activities within the construction work zone during the course of the contract. All unit prices bid will be deemed to have included allowance for these provisions.

Basis of Payment In addition to the payment provisions noted in the Niagara Peninsula Standard Contract Document, the final ten percent (10%) of the lump sum price bid for this item will be held until project completion. The lump sum price bid shall be deemed to include full compensation for all the provisions noted herein.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

A9 CONTINGENCY ALLOWANCE The Contractor shall include in their tender the indicated contingency allowance in the Form of Tender.

Basis of Payment

Payment for this item will only be made for additional work approved in writing by the Contract Administrator. Work completed before receipt of written approval will not be compensated.

A10. CONSTRUCTION SCHEDULE In Addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document, the following shall also apply:

The Contractor shall provide to the Contract Administrator, before work commences, a detailed Construction Schedule listing work items and the proposed progression of work.

'Milestone Dates' for the completion of each schedule work item shall be clearly indicated. The Construction Schedule shall indicate the critical path, and critical tasks shall be uniquely distinguished from other tasks.

The start of construction is expected, but not guaranteed, on October 19, 2020.

All work must be completed, and the roadway opened to normal traffic, by December 18, 2020.

No in-water work shall occur from March 1 to July 1 of any year.

The Construction Schedule shall be in the form of a bar chart indicating the starting date and completion date of work items. At a minimum, the following items shall be included in the Construction Schedule:  Mobilisation.  Removal of asphalt/surface treatment.  Waterway protection.  Excavation.  Concrete removals, removal of gabion baskets.  Concrete repairs/Concrete in apron/cut-off walls.  Install Maccaferri Terrawall (or approved equal).  Structure backfill.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

 Install steel beam guide rail and extruders.  Asphalt paving.  Site Restoration.  Demobilisation.

The Contractor shall take into account and make accommodation for any seasonal requirements for all work within the proposed schedule.

The Construction Schedule shall be updated by the Contractor bi-weekly, or when dates change, or as requested by the Contract Administrator. The Corporation shall be advised of any changes that are required and the reasons for the proposed changes.

Basis of Payment

The Contractor will be allowed to invoice fifty-per-cent of the lump sum price once the Construction Schedule is submitted. The remaining balance will be paid once the traffic barriers have been removed and the roadway is opened to traffic.

A11. FISH SALVAGE AND TRANSFER In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document, the following shall also apply

The work of this item shall include the following:  Retaining a biologist or environmental technician qualified to collect and transfer fish, satisfactory to the Ministry of Natural Resources and Forestry.  Obtaining a License to Collect Fish for Scientific Purpose from the Ministry of Natural Resources and Forestry.  Performing fish salvage and transfer operations as required during the construction period.  Identifying and reporting as per Ministry of Natural Resources and Forestry requirements.

After award of contract, the Contractor shall apply for and obtain a License to Collect Fish for Scientific Purpose. A copy of the application shall be submitted to the Contract Administrator. No on-site work shall commence until the permit has been issued by the Ministry of Natural Resources and Forestry, and a copy is received by the Contract Administrator.

Basis of Payment

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Payment at the lump sum price bid for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

B2. EXCAVATION In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document, OPSS MUNI 206, OPSS MUNI 510, and OPSS MUNI 902, the following shall also apply: a) Removal of Asphalt Pavement - Full Depth The Contractor shall remove and dispose of offsite, the existing roadway asphalt and/or surface treatment on the approaches, to areas outlined on the drawings.

The thickness of the asphalt/surface treatment on the approaches was identified to be approximately 75mm.

The work of this item shall also include partial depth asphalt/surface treatment removal to 40mm in one metre (1m) wide strips across the width of the existing roadway at the extents of these areas to accommodate a flush joint of the new-existing road surfaces. As shown on the contract drawings.

The unit price bid for these items shall include sawcutting, excavating, separating and delivering any asphalt/surface treatment material to an approved recycling facility.

No additional compensation will be made for the removal of various depths of existing asphalt/surface treatment.

All asphalt/surface treatment is to be sawcut. Sawcut limits shall be as shown on the construction drawings or as directed by the Contract Administrator. b) Excavation and Grading The work of this item shall include:  Excavation for removals and new Terrawall.  Excavation and grading for roadway.  Excavation, grading, and disposal of all surplus material of whatever nature in accordance with the General Requirements.

During excavation, the Contractor shall take due precautions to protect the existing -steel structure. Any component of the existing structure damaged directly or indirectly by the Contractor's operation shall be replaced by the Contractor. The unit price bid shall be deemed to have made due allowance for this contingency.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Excavations not shown on the contract drawings or excavation below subgrade to any depth, as authorized by the Contract Administrator, shall be measured on site and paid for under this item.

Materials excavated under this item shall be disposed of offsite by the Contractor at an approved landfill site, in accordance with the General Requirements. When hauling rubble, excavated materials or fill from or to the site, the Contractor shall comply with requirements of the Highway Traffic Act.

No granular materials shall be placed on the sub-grade until the sub-grade has been checked and approved by the Engineer and/or Contract Administrator.

The Contractor shall ensure that the excavations are kept dry and make the necessary arrangements for installing pumps and discharge points, if necessary.

All as shown on the Contract Drawings.

Appendix 902-B, November 2010 is invoked by the Owner for the work under this item.

Earth excavation for re-grading ditches and swales will not be paid for under this item, and shall be included under the respective items.

Basis of Payment

Payment at the unit prices bid for this item shall include all labour, materials and equipment including sawcutting, and disposal of surplus or unsuitable excavated materials, necessary to complete the work as noted on the contract drawings or as directed by the Contract Administrator.

B3. GRANULAR MATERIAL In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document, OPSS MUNI 314, and OPSS MUNI 902, the following shall also apply: a) Granular ‘A’ The work of this item shall include supply and placing virgin Granular ‘A’ material for the following:  150mm roadway base, compacted to 100% SPMDD.  150mm granular levelling layer below Terrawall, compacted to 100% SPMDD.  There shall be no compaction on the first 600mm of backfill against and over the existing structure.

SPCS - 7

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Weigh tickets received after the monthly Progress Payment has been finalized, for deliveries made within that month’s Progress Payment period will NOT be accepted. b) Granular ‘B’ – Type II The work of this item shall include supply and placing Granular ‘B’ material for the following:  Minimum 350mm roadway base for roadway over existing culvert, compacted to 98% SPMDD.  Structure and Terrawall backfill, compacted to 98% SPMDD, as shown on the contract drawings.  There shall be no compaction on the first 600mm of backfill against and over the existing structure. c) Granular ‘M’ The work of this item shall include supply and placing Granular ‘M’ material for the following:  Roadway shoulders at 150mm thickness.

Appendix 902-B, November 2010 is invoked by the Owner for the work under this item.

Recycled materials, specifically Recycled Concrete (RCM) and Asphalt (RAP) will NOT be permitted on this project.

All as shown on the Contract Drawings.

Before paving will be permitted, the finished granular elevations must be checked and approved by the Contract Administrator.

Basis of Payment

Payment for all material quantities shall be determined by net weight as recorded by a Government certified weigh scale. The supplier will be responsible for providing suitable scales for all materials to be weighed. Weigh bills (tickets), shall be provided for each load of granular in accordance with SPGS G32.

The onus shall be on the Contractor to ensure that the City’s Inspector is furnished with all weigh tickets on a daily basis, since these will form the method of measurement.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Payment at the unit prices bid for this item shall be full compensation for all labour, equipment and material necessary to complete the work including supply, hauling, placement, grading, and compaction to the specified Proctor Density.

B6. SUBDRAIN In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document and OPSS MUNI 405, the following shall also apply:

The Contractor shall supply all labour, equipment, and materials required to construct the new subdrain pipe(s) as shown on the contract drawings and as directed by the Contract Administrator.

The work of this item shall include the following:  Supply and installation of 150 mm diameter perforated high density polyethylene ASTM Class 210 flexible subdrain pipe complete with standard fittings and couplings, as required.  The 150mm perforated HDPE pipe shall be protected with a knitted sock geotextile conforming to the requirements of OPSS 1860 to prevent the migration of soil particles into the pipe.  The subdrain with sock will be surrounded in 19mm Clear Stone (Type 2) which together shall be wrapped with a Class I Non-woven Geotextile. This item shall include the supply and installation of the geotextile and Clear Stone.  The ends of the subdrain shall have 150mm Dia. PVC Sleeve with galvanized rodent traps at all four corners of the structure.  Supply and installation of solid HDPE pipes or galvanized steel pipes through the Maccaferri Terrawall.

All as shown on the Contract Drawings and as directed by the Contract Administrator.

Basis of Payment Payment at the unit Contract price for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

B14. SUPPLY AND PLACE HOT MIX ASPHALT In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document and OPSS MUNI 310, the following shall also apply:

The following Clauses of B14 of the NPSCD are not applicable under this contract:

 Clause 14.07.3 Use of Paving Equipment – Paving in Echelon

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

 Clause 14.07.4 Use of Asphalt Material Transfer Vehicle  Clause 14.07.5 Use of Re-Heating and Compaction of Longitudinal Joints  Clause 14.08 Quality Assurance  Clause 14.09 Price Adjustment Provisions  Clause 14.10.2 Asphalt Cement Price Adjustment Based on Price Index  Clause 14.11 Dispute Resolution

All materials shall conform to the requirements of OPSS MUNI 1003 and OPSS MUNI 1150.

The work of this item shall cover the supply and placing of the Tack Coat, HL-8 HS Binder and HL-3 HS Surface Courses as follows:  Roadway: HL-8 HS 50 mm and HL-3 HS Surface 40 mm

No extra payments shall be made for any handwork involved in spreading or compacting the hot mix asphalt around radii, intersections, trench areas, areas between the existing asphalt and new gutters, curbs, etc.

All as shown on the contract drawings.

Basis of Payment

Payment at the unit Contract price for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

B19. REGRADING OF DITCHES AND SWALES The provisions of OPSS MUNI 206 apply except as amended or extended herein. This item shall include the following: • Cut and/or fill of existing ditches/swales to provide drainage, in accordance with the contract drawings, regardless of cut/fill depth. • Following regrading, the work area shall be fine graded and made ready for topsoil, seed, and mulch. Tolerance in elevation shall be 25 mm.

The work shall include excavating, hauling, handling and placing in embankments, shaping, compacting, trimming of earth material and the management of excavated material.

Excess and/or unsuitable excavated material related to cut/fill of existing and new ditches/swales shall be removed from site at no additional cost to the contract.

Basis of Payment

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Measurement for payment will be per linear metre, measured along the centre line of the ditch or swale.

Payment at the unit Contract price for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

B22. TOPSOIL, SEED AND MULCH In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document, OPSS MUNI 802 and OPSS MUNI 804, the following shall also apply:

The work of this item shall include supply and application of topsoil, seed and erosion control blanket to roadway side slopes disturbed by construction within the project limits and as noted on the contract drawings or otherwise directed by the Contract Administrator or NPCA.

Areas to be seeded shall be graded to provide proper drainage. Any areas on private property shall also be included.

Any unnecessary damage to front lawns, boulevards, or grassed areas caused by the Contractor’s carelessness shall be reinstated at the Contractor’s own expense.

Topsoil Topsoil shall be a PREMIUM BLEND, weed free, and naturally sterilized through composting.

The blend shall consist of:  50% Triple Mix (30% mixture of topsoil, , and shredded wood mulch/30% mixture of black organic compost and manure/30% mixture of ); and  50% Premium Topsoil (50% mixture of topsoil, sands, and shredded wood mulch/ 25% mixture of black organic compost/ 25% mixture of composted cow manure).

In general, the resulting topsoil mix should meet the following parameters: pH: 6.5 – 7.5 Potassium: 100 – 120 ppm Phosphorous: 15 – 30 ppm Magnesium: 100 – 120 ppm Organic Matter: ≥ 3%

Unless otherwise specified, the minimum depth of applied Premium Blend Topsoil shall be 100mm.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Hydraulic Seed & Mulch Hydraulic seed and mulch shall be placed in accordance with OPSS.MUNI 804.

The seed mix shall meet the requirements of the “Standard Roadside Mix” outlined in Appendix Table A-1 of OPSS.MUNI 804. Quality Assurance and specifically Performance Measures will be per OPSS.MUNI 804.08.01.

All as shown on the Contract Drawings.

Basis of Payment Payment at the unit Contract price for this item shall be full compensation for all labour, equipment and material necessary to complete the work, and ensure growth within the one year maintenance period.

B27. REMOVAL OF EXISTING ITEMS In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document, OPSS MUNI 510, the following shall also apply:

The work of this item shall include the complete removal and off-site disposal of the following items: a) Concrete Slab: removal and disposal of the tapered extension of the base concrete slab that extends beyond the north end of the culvert. b) Gabion Walls: removal and disposal of gabion baskets and gabion stone fill located at the north and south ends of the structure. c) Steel Beam Guide Rail and Posts: removal and disposal of steel beam guide rail and posts on the north and south sides of the structure, including buried end treatments.

The Contractor shall remove, salvage, and reinstate any roadway signs.

As shown on the Contract Drawings.

All concrete removals shall be by full depth saw cutting, unless otherwise approved by the Contract Administrator.

The use of Rig Mounted Breakers shall not be permitted.

Blasting shall not be permitted for any work under this item.

This item shall also include supplying, erecting, maintaining and removing any temporary supporting structures that may be required during the work.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

All removed materials become the property of the Contractor (unless otherwise noted) and from thereon, it is the Contractor’s full responsibility and liability to arrange for the removal and disposal of said materials outside the area of work at the Contractor’s own expense. The Contractor shall obtain all necessary disposal approvals from various government agencies including, but not limited to, the Niagara Peninsula Conservation Authority, the Ministry of the Environment and the Ministry of Natural Resources.

Materials excavated under this item shall be disposed of off-site by the Contractor at an approved landfill site, in accordance with the General Requirements, unless otherwise noted for salvage.

When hauling rubble, excavated materials or fill from or to the site, the Contractor shall comply with the requirements of the Highway Traffic Act.

The Contractor shall provide the Contract Administrator with written authorization for use of any private disposal site, including a brief description of the key terms and conditions of the authorization.

Basis of Payment

Payment at the lump sum Contract price for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

B36. STEEL BEAM GUIDE RAIL AND POSTS In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document and OPSS MUNI 721, the following shall also apply:

The work of this item shall include:  Supply and placing of new Guide Rail System – Steel Beam Type M20, Steel Post with Plastic Offset Block – Single Rail as per OPSD 912.185.  Allowance for adjustments or working around abandoned Bell line, if required.  Allowance for adjustments, the use of forming tubes, and/or working around Terrawall reinforced earth components, including tie-backs and geogrid.

All as shown on the Contract Drawings.

Basis of Payment Payment at the unit price bid for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

B37. ENERGY ATTENUATING SYSTEM - MASH SOFTSTOP TERMINAL SYSTEM In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document and OPSS MUNI 732, the following shall also apply:

The work of this item shall include the following:  Supply and install new SoftStop Terminal System as per OPSD 922.165.  Supply and install Type III or Type IV object markers (stickers) on the ends of each SoftStop.  Allowance for adjustments or working around abandoned Bell line, if required.  Allowance for adjustments, the use of forming tubes, and/or working around Terrawall reinforced earth retaining wall components, including tie-backs and geogrid.

Basis of Payment Payment at the unit price bid shall be payment in full for all labour, equipment and materials necessary to complete the work.

F1. CONCRETE IN SUBSTRUCTURE In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document and OPSS MUNI 904, the following shall also apply:

The work of this item shall include:  Supply and place concrete in subgrade void at south end (outlet),  Supply and place concrete in apron cut-off walls at both ends of the structure.

The Contractor shall allow for placing the concrete under cold weather conditions, including any insulation or heating, as required.

The estimated volume of concrete for this item is 15m3. The Contractor shall verify the concrete quantities.

All as shown on the Contract Drawings.

Basis of Payment Payment at the unit price bid shall be payment in full for all labour, equipment and materials necessary to complete the work.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

F2. WATERWAY PROTECTION AND DEWATERING In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document, OPSS MUNI 182, and OPSS MUNI 805, the following shall also apply:

The work of this item shall include:  Design and submission of shop drawings for a containment system sufficient to ensure that no concrete debris or equipment/tools will enter into the Watercourse.

 Design and submission of shop drawings and a dewatering plan for excavation, dewatering, and the management and control of water from dewatering operations.

 Supply of all materials, equipment, and labour required to construct, maintain, and dismantle dewatering installations and water management installations for the dewatering of excavation, removal, and new construction areas.

 The installation, maintenance and removal of a waterway protection system to prevent and isolate surface run-off from entering the work site.

 Supply of all materials, equipment and labour required to construct, maintain and dismantle a waterway protection containment system to contain all materials during removals and new construction.

 Compliance with Niagara Peninsula Conservation Authority (NPCA) Permit and the following Waterway Protection Special Provision:

Watercourse/Fisheries Protection - General At all times, the Contractor’s operations shall be controlled so as to prevent the entry of deleterious materials to watercourse. Controls shall include, but not be restricted to, the following:

a) Erosion and sedimentation control, and protection of the environmentally sensitive area, shall be in compliance with requirements specified in the Contract.

b) Watercourses shall not be diverted, or blocked, and temporary watercourse crossings shall not be constructed or utilized, unless otherwise specified in the Contract.

c) Construction material, excess material, construction debris, and empty containers shall be stored away from watercourses and watercourse banks.

d) All equipment maintenance and refuelling shall be controlled so as to prevent any discharge of petroleum products. Vehicular maintenance and refuelling shall be conducted away from watercourses and watercourse banks.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Erosion and Sedimentation Control - General Silt control devices shall be constructed before the commencement of any related cut or fill.

The Contractor shall arrange construction operations to minimize the time interval between commencement and completion of any work that disturbs earth surfaces. Commencement of such work shall be considered to have occurred when the original stabilizing ground cover has been removed, including grubbing, or has been covered with fill material. Completion of such work shall be considered to have occurred when the specified cover material (seed and mulch, seed and erosion control blanket, sod, rip rap etc.) has been applied.

Unless otherwise specified, the period in which the time interval is permitted shall be determined by the Contract Administrator.

Run-off from construction materials and any stockpiles shall be contained and discharged so as to prevent entry of sediment to the watercourse.

A 20m stand-by supply of prefabricated silt fence barrier shall be maintained at the Contract site prior to commencement of grading operations and throughout the duration of the contract.

Operation of Contractors equipment shall:

a) be kept to the minimum necessary to perform the specified work. b) comply with operational constraints specified in the Contract. c) proceed in a continuous fashion so as to minimise the duration of work.

In addition, the Contractor shall take measures and provide such protection system or systems to ensure the following:

a) water flow shall be isolated from the work area; and b) materials that result from the work or that are disturbed by the same, shall be prevented from entering the open portion of watercourses.

The protection system or systems shall cover the following:

a) all phases of work, and transitions between phases of the work. b) installation, operation, and removal of the protection system. c) stabilisation of disturbed fill and earth materials, until treatment with the specified cover material (seed and cover, rip rap etc.)

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

The Contractor shall submit to the Contract Administrator written notice a minimum of 14 calendar days prior to the date that permission is requested to proceed with this work. The notice shall be comprehensive, and shall provide descriptions, working drawings and schedules that detail the sequence of this work, and the provision of temporary water passage associated with each stage of same.

Permission to proceed with the above will be provided if the Contract Administrator determines that the details of the notice meet the requirements of this supplemental special provision. Whenever the proposals with which the Contractor was permitted to proceed with the work are found by the Contract Administrator to be ineffective, changes shall immediately be made so as to ensure watercourse/fisheries protection.

Basis of Payment The Contractor will be allowed to invoice fifty-per-cent of the lump sum price once the Waterway Protection/Dewatering systems are constructed and all protection measures are in place. The remaining balance will be paid once the Waterway Protection/Dewatering systems have been fully dismantled and all Waterway Protection/Dewatering measures are no longer required.

F3. STAINLESS REINFORCING STEEL In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document and OPSS MUNI 905, the following shall also apply:

The work of this item shall include, supply and placing of:  Stainless Reinforcing Steel as designated by 'S' on the Contract Drawings for the cut off walls extending from the existing concrete slab.

All as shown on the Contract Drawings.

Basis of Payment Payment at the unit Contract price for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

F4. DOWELS INTO CONCRETE In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document and OPSS MUNI 904, the following shall also apply:

The work of this item shall include the installation of Dowels into Concrete in the following locations:

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

 Install dowels for cut-off walls, epoxy grouted with a minimum embedment of 200mm into sound concrete at the north and south ends of the existing concrete slab.  The epoxy grout is to be “Hilti HIT RE500” or an approved equivalent as per MTO DSM # 9.30.25. The Contractor shall ensure that the diameter of the drilled hole is sufficient to meet the requirements of the bar, bar coating (if any), and the epoxy grout.

All as shown on the Contract Drawings.

Basis of Payment Payment at the unit price bid shall be payment in full for all labour, equipment, and materials necessary to complete the work. Payment for the supply of dowels shall be under Item F3.

F5. RETAINING WALLS WITH TIEBACKS

PART 1 GENERAL 1.1. SUMMARY This work shall consist of furnishing, assembling and filling woven wire mesh baskets with rock and backfill material to form a Maccaferri Terrawall (or approved equal) as specified in the contract in conformity with the dimensions, lines and grades shown on the plans, or as determined by the engineer and manufacturer. The mesh shall be coated with a high abrasion resistant polymer coating, Maccaferri Polimac (or approved equal).

Supply and placing of fascia rock fill shall be included under this item as specified below.

Supply and placing of geogrid and/or geotextile shall be included under this item as specified below.

Supply and placing of granular backfill shall be included under Item B3 - Granular Materials.

The Contractor shall make allowance for installation of posts for Steel Beam Guide Rails and Energy Attenuating Systems within the vicinity of the retaining wall and tiebacks/geogrid.

The work under this specification includes furnishing, assembling, filling and tying Terrawall MSE system placed on a prepared surface as specified, and in accordance with the lines, grades, and dimensions shown on plans or otherwise established in the field by project engineer.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

1.2. CONTACT Jose Fernandez, B.Sc. (Civil Eng.) MBA Technical Sales Representative Maccaferri Canada Ltd. (226)-218-0007 [email protected]

1.3. REFERENCES ASTM A370 Test Methods and Definitions for Mechanical Testing of Steel Products ASTM A123/A123 Specification for Zinc (Hot-Dip Galvanized) Coating on Iron and Steel Products ASTM A902 Terminology Relating to Metallic Coated Steel Products ASTM A975 Standard Specification for Double–Twisted Hexagonal Mesh and Revet Mattresses (Metallic-Coated Steel Wire or Metallic-Coated Steel Wire with Polymeric Coating) ASTM B117 Practice for Operating Salt Spray (Fog) Apparatus ASTM D6711 Standard Practice for Specifying Rock to Fill Gabions, Revet Mattresses, and Gabion Mattresses ASTM D746 AASHTO M288 Standard Specification for Geosynthetic Specification for Highway Applications EN 10245-1 Steel wire and wire products - Organic coatings on steel wire – Part 1: General Rules EN 60229:2008 Electric Cables – Tests on Extruded Oversheaths with a Special Protective Function ISO 4892-3 Plastics – Methods of Exposure to Laboratory Light Sources – Part 3: Fluorescent UV Lamps

1.4. DEFINITIONS 1.4.1 Terrawall Terrawall is an MSE retaining wall system comprised of continuous double twisted wire mesh that forms the top wrap, facing and continues in to the reinforced soil zone as a reinforcement. Galvanized welded wire panel is used in the fascia behind the double twisted wire mesh for additional stiffness and the support struts (brackets) are used to achieve the wall batter.

1.5. FABRICATION Terrawall shall be manufactured and shipped with all components mechanically connected at the production facility. The facing, top wrap and reinforcing panel of the Terrawall shall be woven into a single unit. Horizontal reinforcing steel rods shall be placed in the double twist of the front face of the unit at approximately every 162 mm centers. A welded wire panel is placed behind the front face.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

1.6. SUBMITTALS Preapproved product under these specifications is PoliMacTM coated Terrawall System supplied by Maccaferri Canada Ltd.

Submit the following list of items for Contract Administrator’s review and approval prior to material supply. i. Manufacturer's product technical specifications, and product installation instructions. ii. Wire mesh sample with edge and selvedge wires. Minimum sample size shall be 0.3m. by 0.3m. iii. PDF shop drawings and details, signed and sealed by a Professional Engineer.

1.7. QUALITY ASSURANCE 1.7.1 Wire and Ring Fastener The owner or owner’s representative reserves the right to test additional samples to verify the submitted test records. For equivalent products, furnish minimum three randomly selected field samples of lacing wire and ring fasteners 60 days prior to start of installation. Samples shall be tested to verify following property requirements in accordance with ASTM A975. i. Wire thickness ii. Tensile strength iii. High Abrasion Resistant (HAR) polymer coating thickness iv. Ring fastener individual pull apart strength

1.7.2 Installation The General Contractor shall have personals with at least 3 years of experience installing Terrawall and have installed a minimum of 1000 m² fascia of Terrawall in last three years. In case the General Contractor does not meet the qualifications based on the above requirements, acquire necessary onsite training from manufacturer prior to construction or the services of a qualified Terrawall subcontractor must be utilized. A manufacturer's representative shall provide reasonable installation support.

1.8. DELIVERY, STORAGE, AND HANDLING Terrawall units shall be delivered with all components mechanically connected at the production facility. All Terrawall units are supplied in the collapsed form, folded and bundled, for ease of shipping and handling. The bundles of Terrawall units shall be labeled to show the dimensions of the Terrawall units and the number of pieces. Lacing wire shall be shipped in coils, fasteners in boxes and preformed stiffeners in bundles.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

PART 2 PRODUCTS 2.1 MATERIALS 2.1.1 High Abrasion Resistant (HAR) Polymer Coated Terrawall Terrawall shall be manufactured with a non-raveling mesh made by twisting continuous pairs of wires through three half turns (commonly called double twisted) to form a hexagonal-shaped opening. Terrawall wire diameters, mesh opening sizes, and tolerances shall comply with the requirements of ASTM A975. HAR polymer coated Terrawall is manufactured from heavily Zinc Coated soft temper steel and overcoated with high abrasion resistant polymer as per ASTM A975. Wire and wire mesh used for manufacturing Terrawall shall meet the following requirements:

2.1.1.1 Wire Tensile Strength The wire used for the manufacturing Terrawall and lacing wire, shall have a maximum tensile strength of 485 MPa, in accordance with ASTM A641/A641M.

2.1.1.2 Elongation The test shall be carried out on a sample at least 300 mm long, and the elongation shall not be less than 12%, in accordance with ASTM A370.

2.1.1.3 Metallic Zn Coating The minimum quantities of Zn coating shall be according to the ASTM A641/A641M, Class III soft temper coating.

2.1.1.4 Adherence of Zn Coating The adherence of the Zn coating to the wire shall be such that, when the wire is wrapped six turns around a mandrel having four times the diameter of the wire, it does not flake or crack when rubbing it with the bare fingers, in accordance with ASTM A641/A641M.

2.1.1.5 HAR Polymer Coating The technical characteristics and ageing resistance of the HAR polymer coating comply with EN 10245-1.

2.1.1.5.1 Colour: grey RAL 7012.

2.1.1.5.2 Resistance to UV radiation: the tensile strength and elongation at break of the base compound after 2500 hours of exposure to QUV-A (ISO 4892-3 mode 1) do not change more than 25% from the initial test results.

2.1.1.5.3 Chemical resistance: the HAR polymer resists the chemical agents in concentrations that are representative of soil and water normally found in civil works.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

2.1.1.5.4 Outwearing accelerated ageing test in salt spray: when the HAR polymer coated wire mesh is subjected to the neutral salt spray test (ASTM B117) after 6000 hours of exposure the mesh does not show more than 5% of DBR (Dark Brown Rust).

2.1.1.5.5 Resistance to abrasion: the HAR polymer coating does not expose metal wire when tested in accordance with procedure described in par. 4.1.2.1 of EN 60229:2008, after 100,000 cycles with a vertical force of the steel angle of 20N.

2.1.1.6 Standard Wire Diameters All wire diameters shall comply with ASTM A975 as presented in Table 1.

Table 1 Standard Wire Diameters Lacing Wire Mesh Wire Selvedge Wire Wire Diameter Int Ø (mm) 2.20 2.70 3.40 Wire Tolerance (±) Ø (mm) 0.10 0.10 0.10 Min. Quantity/Zn (g/m²) 214 244 259 Wire + Polymer Diameter. (mm) 3.20 3.70 4.40

2.1.1.7 Mesh Characteristics and Strength Requirements The wire mesh characteristics and minimum strength requirements shall be in accordance with ASTM A975 as presented in Table 2. The tolerances on the hexagonal double twisted wire mesh opening, D (see Fig. 1), shall not exceed ± 10%.

Table 2 Mesh Characteristics and Minimum Strength Mesh Type 8x10/ HAR Polymer Coated Mesh Opening, D 83 mm Mesh Tensile Strength 50.0 kN/m Punch Test Resistance 23.6 kN Connection Strength 17.5 kN/m

Fig. 1 Mesh type and opening

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

2.1.1.8 Standard Terrawall sizes are listed in Table 3. All sizes and dimensions are nominal. The tolerances on width, length and height of units shall not exceed ± 5%. Table 3 Standard Terrawall Sizes Length (m) Width (m) Height (m) Angle (degrees) 2 2 0.65 3 2 0.65 84 4 2 0.65

2.1.2 Ring Fasteners Stainless steel rings for HAR polymer coated Terrawall shall be in accordance with ASTM A975 section 6.3. The ring fasteners properties shall be as presented in Table 4.

Table 4 Ring fastener property requirements Property Value Test Method Wire diameter 3.05 mm ASTM A313, Type 302, Class I Wire tensile 1530 to 1744 MPa ASTM A313, Table 5 strength

2.1.3 Reinforcing Steel Bracket Reinforcing steel brackets shall be Zinc-5 % Aluminum-Mischmetal Alloy coated in accordance with ASTM A123 and shall meet the properties presented in Table 5.

Table 5 Reinforcing steel bracket property requirements Property Value Test Method Wire diameter 7.85 mm, size W8 ASTM A82 Tensile strength 550 MPa ASTM A82 Table 1

2.1.4 Stone Fill 2.1.4.1 Properties Rocks shall be hard, angular to round, durable and of such quality that they shall not disintegrate on exposure to water or weathering during the life of the structure.

2.1.4.2 Gradation The rock used to fill Terrawall unit fascia shall be large enough to prevent individual pieces from passing through the mesh openings. Fascia rocks shall range between 100 mm and 200 mm. The range in sizes shall allow for a variation of 5% oversize and/or 5% undersize rock by weight. In all cases, undersize rock shall be placed within the interior of the Terrawall unit fascia and shall not be placed on the exposed surface of the structure.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

2.1.4.3 Source Rock may be naturally available or crushed rock produced by any suitable method and using any device that yields the required size limits.

2.1.5 Select Backfill Select backfill material shall be approved by the owner or owner’s representative and shall meet the project specifications. FHWA select backfill requirements for MSE walls are as shown in Table 6.

Table 6 FHWA select backfill requirements Gradation: US sieve size Percent passing AASHTO T-27 4 in (102 mm) 100 No. 40 (0.425 mm) 0-60 No. 200 (0.075 mm) 0-15% Plasticity index, PI: PI ≤ 6 AASHTO T-90 Soundness: The materials shall be substantially free of shale or AASHTO T-104 other soft, Poor durability particles. The material shall have a magnesium Sulfate soundness loss of less than 30 percent after four cycles (or a sodium sulfate value less than 15 percent after five cycles).

2.1.6 Geogrid When geogrid is used as a primary reinforcement, it shall meet the project design and specification requirements.

2.1.7 Geotextile Separation geotextile used behind the fascia stone shall meet AASHTO M288 and/or project specification requirements.

PART 3 EXECUTION 3.1 PREPARATION The foundation for Terrawall MSE wall shall be graded level for a width equal or exceeding the length of reinforcement or as shown in the project plans. Prior to beginning select backfill placement, the area under the wall footprint should be prepared and compacted. Any soft or loose material that is encountered should be compacted or removed and replaced. Any debris that will obstruct the proper installation shall also be

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation removed, and the voids carefully backfilled and compacted. If frozen ground conditions are encountered, contact project geotechnical engineer for further recommendations.

Geotextile shall be placed between the fascia stone and select backfill as indicated on the drawings or as directed by the project engineer. The geotextile shall be installed with adequate overlap. The minimum overlap distance in the transverse or longitudinal direction is 0.6 m.

3.2 ASSEMBLY AND INSTALLATION Terrawall units are supplied folded flat and packed in bundles. The units shall be opened and unfolded one by one on a flat, hard surface and remove any shipping folds. This can be done by placing the fold over a 2 in. x 4 in. (50 mm x 100 mm) board and walking along the sides. Front panel shall be lifted to a vertical position and steel brackets shall be installed to achieve a 6-degree fascia batter. The top end of the bracket shall be connected around an intersection on the welded wire panel. The bottom end of the bracket shall be connected around the reinforcing steel wire and a double twist in the woven wire mesh. Wire mesh reinforcement panels shall be connected to the adjacent panel maximum every 3 ft (1.0 m) to avoid movement during backfilling. Fig. 2 shows assembled Terrawall unit.

Fig. 2 Assembled Terrawall unit

After assembly, Terrawall units shall be individually placed on the approved surface to the lines and grades as shown or as directed by project engineer. Terrawall units shall be aligned and connected to each other before placing fascia rock using lacing wire or ring fasteners.

3.3 FASTENING PROCEDURES 3.3.1 Lacing Wire When using lacing wire, cut a piece of wire approximately 1.5 times the length of the edge to be laced. Longer edges shall be connected by several lengths of lacing wire. The mesh

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation panels shall be pulled tightly together during the tying operation. For vertical joints, starting at the bottom end of the panel, the lacing wire shall be twisted and wrapped two times around the bottom selvedge and then double and single loops shall be alternated through at intervals not exceeding 150 mm as shown in Fig. 3. The operation shall be finished by looping around the top selvedge wire. The use of pliers to assemble the units with lacing wire is recommended to create tighter joints.

3.3.2 Ring Fasteners When ring fasteners are used to connect Terrawall unit panels, spacing of the rings shall be in accordance with ASTM A975, minimum strength requirements of mesh and connections. In any case, the maximum ring spacing along the edges shall not exceed 150 mm as shown in Fig. 3. Ring fasteners shall be installed along all the edges. Each ring fastener shall be closed, and the free ends of the fastener shall overlap a minimum of 25 mm as shown in Fig 3. The use of either a mechanical or a pneumatic fastening tool is required to install ring fasteners.

Fig. 3 Fastening procedures

3.4 ROCK AND SELECT BACKFILL PLACEMENT The Fascia Rock shall be placed on the back of the facing element to the thickness specified by the engineer. Fascia rocks and select backfill shall be placed simultaneously in layers. A separation geotextile shall be placed between the rocks and select backfill. Select backfill material shall be placed in lifts not greater than 300 mm and compacted to at least 95% of maximum dry density at optimum moisture content determined by AASHTO T99 method D.

3.5 SPECIAL ADAPTATION Where a complete Terrawall cannot be installed because of space limitations, the Terrawall units shall be cut, folded or overlapped, and securely connected to suit existing site conditions.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

3.6 MAINTENANCE No routine maintenance is required. If the damage is localized in the fascia, the Terrawall units can be repaired by filling the voids (if any) with rock, and patching it using a new piece of double twisted wire mesh. New piece of wire mesh shall be connected to undamaged mesh with a minimum overlap of 225 to 300 mm using lacing wire or fasteners

4.0 BASIS OF PAYMENT Accepted TerrawallTM or approved equal will be paid at the unit lump sum price as included in the contract, and includes all labour, material, and equipment for the complete installation.

The Contractor shall make allowance for installation of posts for Steel Beam Guide Rails and Extruders within the vicinity of the retaining wall and tiebacks.

Payment at the lump sum contract price bid shall be payment in full for all labour, equipment and materials not covered within other contract items, as necessary to complete the work.

F6. GEOTEXTILE In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document and OPSS MUNI 511, the following shall also apply:

The work of this item shall include supplying and placing geotextile as follows:  Class II Geotextile underlying all rip-rap.

All as shown on the Contract Drawings.

Basis of Payment Payment at the unit Contract price for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

F7. RIVER STONE – R10 In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document and OPSS MUNI 511, the following shall also apply:

The work of this item shall include supply and placing of one layer of river stone on top of the Rip-Rap in the creek bed.

The gradation of river stone shall match the gradation specified for R-10 rip-rap specified under OPSS MUNI 1004, as shown in the Contract Drawings.

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City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Basis of Payment Payment at the unit Contract price for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

F8. RIP-RAP – R50 In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document and OPSS MUNI 511, the following shall also apply:

The work of this item shall include supply and placing:  R-50 rip-rap with a minimum thickness of 300mm in the creek bed, along the roadway/creek side slopes, as shown in the Contract Drawings.

Basis of Payment Payment at the unit Contract price for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

F9. UTILITY ALLOWANCE The Contractor shall make allowance for working around or under any existing utilities.

There is an abandoned bell cable in the vicinity of the existing culvert. The cable may be over or under the existing culvert. If encountered, the abandoned cable shall be cut and disposed of by the Contractor.

Basis of Payment Payment at the lump sum Contract price for this item shall be full compensation for all labour, equipment and material necessary to complete the work.

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GENERAL CONDITIONS OF CONTRACT SUPPLEMENTARY City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

GENERAL CONDITIONS OF CONTRACT SUPPLEMENTARY

I N D E X

DESCRIPTION PAGE

SC1 GC 1.04 - DEFINITIONS ...... GCCS - 2 SC2 GC 1.06 - FINAL ACCEPTANCE ...... GCCS - 5 SC3 GC 2.02 - ORDER OF PRECEDENCE ...... GCCS - 5 SC4 GC 3.01 - CONTRACT ADMINISTRATOR’S AUTHORITY ...... GCCS - 6 SC5 GC 3.06 - EXTENSION OF CONTRACT TIME ...... GCCS - 7 SC6 GC 3.07 - DELAYS ...... GCCS - 8 SC7 GC 3.09 - SUBCONTRACTING BY THE CONTRACTOR ...... GCCS - 9 SC8 GC 3.10 - CHANGES ...... GCCS - 10 SC9 GC 3.13 - CLAIMS, NEGOTIATIONS, MEDIATION ...... GCCS - 11 SC10 GC 3.15 - ARCHAEOLOGICAL FINDS ...... GCCS - 11 SC11 GC 3.16 - ADJUDICATION ...... GCCS - 11 SC12 GC 4.10 - TERMINATION OF THE CONTRACT ...... GCCS - 14 SC13 GC 6.03 - CONTRACTOR’S INSURANCE ...... GCCS - 14 SC14 GC 6.04 - BONDING ...... GCCS - 14 SC15 GC 7.02 - MONUMENTS AND LAYOUT ...... GCCS - 14 SC16 GC 7.10 - CONTRACTOR’S RIGHT TO STOP THE WORK OR TERMINATE THE CONTRACT ...... GCCS - 15 SC17 GC 7.13 - OBSTRUCTIONS ...... GCCS - 15 SC18 GC 7.16 - WARRANTY ...... GCCS - 15 SC19 GC 7.19 - CONSTRUCTION LIENS ...... GCCS - 16 SC20 GC 8.01 - MEASUREMENT ...... GCCS - 18 SC21 GC 8.02.04.01 - PROGRESS PAYMENT CERTIFICATE ...... GCCS - 19 SC22 GC 8.02.04.01A - PROGRESS PAYMENT ...... GCCS - 21 SC23 GC 8.02.04.02 - CERTIFICATION OF SUBCONTRACT COMPLETION ...... GCCS - 23 SC24 GC 8.02.04.03 - SUBCONTRACT STATUTORY HOLDBACK RELEASE CERTIFICATE AND PAYMENT ...... GCCS - 23 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

SC25 GC 8.02.04.04 - SUBSTANTIAL PERFORMANCE OF WORK ...... GCCS - 23 SC26 GC 8.02.04.05 - SUBSTANTIAL PERFORMANCE PAYMENT AND SUBSTANTIAL PERFORMANCE STATUTORY HOLDBACK RELEASE PAYMENT CERTIFICATE ...... GCCS - 23 SC27 GC 8.02.04.07 - FINAL PAYMENT AND STATUTORY HOLDBACK RELEASE ...... GCCS - 24 SC28 GC 8.02.04.09 - INTEREST FOR LATE PAYMENT ...... GCCS - 26 SC29 GC 8.02.04.12 - DELAY IN PAYMENT ...... GCCS - 26 SC30 GC 8.02.05.08 - PAYMENT ON TIME AND MATERIAL BASIS ...... GCCS - 26 SC31 GC 8.02.05.09 - SUBMISSION OF INVOICES ...... GCCS - 27

City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

This version of Supplementary Special Provisions - General to the OPSS MUNI 100 November 2019 is intended for contracts that are subject to the Construction Act (Ontario), which came into force on July 1, 2018, and was further amended on December 6, 2018, and again on October 1, 2019. Accordingly, these special supplementary conditions are only to be used where the following conditions are met:

1. there was either: a. no procurement process (e.g. request for quotation, request for qualifications, request for proposals, or a call for tenders) for the award of this contract; or b. the first procurement process associated with this Project was commenced after October 1, 2019; and

2. the Work to be performed under this contract is not maintenance or general repair work, but is instead any of the following, or a combination thereof: a. an alteration, addition or capital repair; b. the construction, erection or installation at the Project site, including the installation of industrial, mechanical, electrical or other equipment at the Project site that is essential to the normal or intended use of the Project; or c. the complete or partial demolition or removal of any building structure or works at the Project site.

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General Conditions for this contract shall be the OPS Volume 7 - Ontario Provincial Standards, General Conditions of Contract and General & Construction Specifications (OPSS.MUNI 100 November 2019), subject to the following:

SECTION GC 1.0 - INTERPRETATION

GC 1.04 - Definitions

SC1.1 Adjudication Add the following new definition of “Adjudication”: “Adjudication means construction dispute interim adjudication as defined under the Construction Act.”

SC1.2 Completion Delete the definition of “Completion” and replace it with the following:

“Completion means that the Work performed under the Contract has passed all required inspections and testing to the satisfaction of the Owner and has satisfied the requirements for deemed completion in accordance with Section 2(3) of the Construction Act, R.S.O. 1990, c. C.30.”

SC1.3 Contract Insert the following to the definition of “Contract” after the words “Contract Documents”: “and constitutes the entire agreement between the Owner and the Contractor with respect to the Work and supersedes and replaces all previous communications, representations and agreements, either written or verbal”.

SC1.4 Construction Add the following new definition of “Construction Act”: Act “Construction Act means the Construction Act R.S.O. 1990, c. C.30, as amended, including all regulations passed under it that are enforceable as of the date of execution of this Contract. For certainty, the first procurement process for the Project (i.e. the “improvement” as that term is defined in the Act) was commenced on or after October 1, 2019.

SC1.5 Construction Add the following new definition of “Construction Schedule” or Schedule “construction schedule”:

“Construction Schedule or construction schedule means the schedule referred to GC 7.01.07 – Schedule.”

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SC1.6 Cut-Off Date Insert the following to the definition of Cut-Off Date after the words “Work performed”

“[…], and unless otherwise specified in the Contract Documents or agreed upon, in writing, by the Owner and the Contractor, shall be the last day of the Payment Period.”

SC1.7 Force Majeure Add the following new definition of “Force Majeure”:

“Force Majeure means any cause, beyond the Contractor’s control, other than bankruptcy or insolvency or inability to pay, which prevents the performance by the Contractor of any of its obligations under the Contract and the event of Force Majeure did not arise from the Contractor’s default or active commission or omission and could not be avoided or mitigated by the exercise of reasonable effort or foresight by the Contractor. Force Majeure includes labour disputes unrelated to a contractor’s association or union to which the Contractor is a member or to which the Contract is otherwise bound, fire, unusual delay by common carriers or unavoidable casualties, civil disturbance, acts, orders, decrees, legislation, regulations or directives of any government or other public authority, acts of a public enemy, war, riot, sabotage, blockage embargo, lightning, , Abnormal Weather or acts of God.”

SC1.8 Notice of Non- Add the following new definition of “Notice of Non-Payment”: Payment “Notice of Non-Payment means a notice of non-payment of holdback (Form 6) or a notice of non-payment (Form 1.1) under the Construction Act, as applicable to the circumstances.”

SC1.9 Payment Add the following new definition of “Payment Period”: Period “Payment Period means the fixed segments of time determined by the Owner and the Contractor, at the first pre- construction meeting, for which the Contractor shall be entitled to claim payment for Work performed during such period. In the event that the Owner and the Contractor do not fix the segment of time for each Payment Period at the first pre-construction meeting, then the Payment Period shall be a one (1) month period during which work was performed, with the start and end dates of the Payment Period deemed to be the first (1st) calendar day of the month and the last calendar day of the month, respectively.

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SC1.10 Proper Invoice Delete the definition of “Proper Invoice” and replace it with the following::

“Proper Invoice means a “proper invoice” as that term is defined in Section 6.1 of the Construction Act, with the minimum requirements set out in Exhibit “1” of the City of Niagara Falls Special Supplementary Conditions.

SC1.11 Restricted Add the following new definition of “Restricted Period”: Period (Adjudication) “Restricted Period (Adjudication): means the (inclusive) period of time between November 15 in one calendar year to January 2, in the next calendar year, of any given year throughout the duration of the Contract.”

SC1.12 Restricted Add the following new definition of “Restricted Period (Proper Period (Proper Invoice)”: Invoice) “Restricted Period (Proper Invoice): means the (inclusive period of time between December 10 to December 28 in any given year throughout the duration of the Contract.”

SC1.13 Substantial Delete the definition of “Substantial Performance” and replace Performance it with the following:

“Substantial Performance means:

(a) has satisfied the requirements for being substantially performed in accordance with Section 2(1) and Section 2(2) of the Construction Act, provided that, for the purposes of Section 2(2) of the Construction Act, interruption of Work caused by the winter season shall not be interpreted to mean that the Work cannot be completed expeditiously; and

(b) when the Work to be performed under the Contract has passed all required inspections and testing to the satisfaction of the Owner, including without limitation any site walkthroughs with the governing road authority where such walkthroughs are a requirement of the Contract Documents.

SC1.14 Work Delete the definition of “Work” and replace it with the following:

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“Work means all labour, Material, products, articles, fixtures, services, supplies and acts required to be done, furnished or performed by the Contract Documents, including those that can reasonably be inferred from or is incidental to same based on the judgment of a good, competent, and experienced Contractor.”

SC1.15 Working Area Delete the definition of “Working Area” and replace it with the following:

“Working Area means all the lands and easements on, over or under which the Work is undertaken that are owned or acquired by the Owner or lands or easements that the Owner is required and authorized to maintain on behalf of another municipality or other entity”

GC 1.06 - Final Acceptance

SC2.1 1.06.1 Delete GC 1.06.01 in its entirety and replace it with “[Intentionally left blank].”

SECTION GC 2.0 – CONTRACT DOCUMENTS

GC 2.02 - Order of Precedence

SC3.1 2.02.01 Delete GC 2.02.01 and replace it with the following: “0.1 In the event of any inconsistency or conflict in the contents of the following documents, such documents shall take precedence and govern in the following descending order: (a) Agreement (b) Addenda (c) Form of Tender (d) Special Provisions (i) City of Niagara Falls Special Supplementary Conditions 2020 (ii) City of Niagara Falls Supplementary Special Provisions – Contract Items (if applicable) (iii) Special Provisions- Contract Items (Niagara Peninsula Standard Contract Document).

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(iv) Technical Specifications (if applicable) (v) Special Provisions – General (Niagara Peninsula Standard Contract Document) (e) Contract Drawings (f) Standard Specifications (i) Ontario Provincial Standard Specifications (g) Standard Drawing (h) Special Instructions to Bidders (i) Instructions to Bidders (j) OPSS.MUNI 100 November 2019 General Conditions of Contract (Ontario Provincial Standard Specifications) (k) Working Drawings Later dates will govern within each of the above categories of documents.”

SC3.2 2.02.05 Add new GC 2.02.05 as follows: “.05 The Contractor shall not take advantage of any apparent error, omission or issue in the Contract Documents. Upon identifying an error, omission or issue in the Contract Documents, as set out in GC 7.01.08, the Contractor shall promptly inform the Owner or Contract Administrator in writing of any such error(s), omission(s) or issue(s)”.

SECTION GC 3.0 – ADMINISTRATION OF THE CONTRACT

GC 3.01 - Contract Administrator’s Authority

SC4.1 3.01.04 Delete GC 3.01.04 and replace it with the following: “.04 Based on the Contract Administrator’s observations and evaluation of the Contractor’s Proper Invoice, the Owner shall determine the amounts owing to the Contractor, as provided for in section GC 8.0, Measurement and Payment. Where the Owner identifies an error, omission, discrepancy, or disagrees with the amount being claimed in the Contractor’s Proper Invoice, the Owner shall prepare and issue to the Contractor a Notice of Non-

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Payment within the time prescribed by the Construction Act.”

SC4.2 3.01.13 Insert the following sentence to the end of GC 3.01.13: “The amount to be deducted, as determined by the Contract Administrator shall be deducted from the amount stated in any subsequent Proper Invoice.”

SC4.3 3.01.18 Add new GC 3.01.18 as follows: “.18 All Estimates and certificates issued by the Contract Administrator are understood to be prepared based on the Contract Administrator’s reasonable knowledge, information and belief at the time of issuance. By issuing any Estimate or certificate, the Contract Administrator is not confirming or guaranteeing that the certified or estimated Work is completed, correct or free from defects or deficiencies.

GC 3.06 - Extension of Contract Time

SC5.1 3.06.01 In GC 3.06.01, delete the words “15 days prior to the expiration of the Contract Time” and replace them with “7 days following the commencement of the event for which reason such extension is requested”.

SC5.2 3.06.06 Add new GC 3.06.06 as follows: “.06 Until and unless an extension of Contract Time is granted in accordance with this GC 3.06, the Contractor is solely responsible for maintaining the approved Construction Schedule for the Work and completing all Work within the Contract Time. If necessary, and to the extent required, the Contractor shall operate additional and/or augmented daylight shifts throughout the life of the Contract to ensure that the Work is performed in accordance with the approved Construction Schedule and within the Contract Time. The Contractor shall have no claim for extra compensation in respect of any additional costs occasioned by compliance with this provision. Such costs are deemed to be included in the Tender prices for the various items of the Work.”

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GC 3.07 - Delays

SC6.1 3.07.01 Delete GC 3.07.01 in its entirety, including all subparagraphs and replace it with the following:

“.01 If the Contractor is delayed in the performance of the Work by

(a) errors in the Contract Documents;

(b) an act or omission of the Owner or Contract Administrator, or anyone employed or engaged by them directly, contrary to the provisions of the Contract Documents; or

(c) the Contract Administrator giving notice under section GC 7.09, Suspension of Work;

then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, but excluding any consequential, indirect, or special damages (including, without limitation, loss of profits, loss of opportunity, or loss of productivity). Extension of Contract Time may be granted in accordance with subsection GC 3.06, Extension of Contract Time.”

SC6.2 3.07.03 Delete GC 3.07.03 and replace it with the following:

“.03 If the Contractor is delayed in the performance of the Work by Force Majeure, then the Contract Time shall be extended for such reasonable time as determined by the Contract Administrator in accordance with GC 3.06, Extension of Contract Time. The extension of time shall not be less than the time lost as a result of the Force Majeure event causing the delay, unless the Contractor agrees to a shorter extension. The Contractor shall not be entitled to payment or reimbursement by the Owner for costs incurred as a result of such delay. Upon the Contract Administrator recommending an extension to the Contract Time, and the Owner agreeing that it is fair and reasonable, the Owner and the Contractor shall execute a Change Order indicating the length of the extension to the Contract Time and confirming that there

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are no costs payable by the Owner to the Contractor for the extension of Contract Time.”

SC6.3 3.07.05 Add new GC 3.07.05 as follows:

".05 If the Contractor is delayed in the performance of the Work by an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly, or by any cause within the Contractor's control, then the Contract Administrator may make a recommendation, following consultation with the Contractor, to the Owner regarding extending the Contract Time for such reasonable time as the Contract Administrator considers appropriate. The Owner shall make a decision regarding the reasonable time for such extension of the Contract Time. The Owner shall be reimbursed by the Contractor for all reasonable costs incurred by the Owner as a result of such delay, including without limitation all services required by the Owner from the Contract Administrator as a result of such delay by the Contractor and, in particular, the cost of the Contractor Administrator’s services during the period between the original date of Completion and any later, actual date that Completion is achieved by the Contractor.”

GC 3.09 - Subcontracting by the Contractor

SC7.1 3.09.02 In GC 3.09.02, delete the words “in writing in” and replace them with “in writing at least”.

SC7.2 3.09.07 Add the following new GC 3.09.07 as follows:

“.07 The Contractor shall provide the Owner with:

(i) a copy of any written notices of Adjudication the Contractor receives;

(ii) notice of the date on which the adjudicator relating to such Adjudication receives documents under section 13.11 of the Construction Act; and

(iii) the adjudicator’s determination of the Adjudication under section 13.13 of the Construction Act.

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The Contractor shall ensure its contracts with Subcontractors and suppliers and the contracts with sub- subcontractors (of every tier) contain equivalent obligations to this GC 3.09.07 and the Contractor shall forthwith upon receipt provide to the Owner any notices of Adjudication and related information it receives. The Contractor shall be liable to and indemnify the Owner for any losses, damages, costs, claims and proceedings the Owner incurs, suffers or receives as a result of the Contractor’s failure to comply with its obligations under this GC 3.09.07.”

GC 3.10 - Changes

SC8.1 3.10.01.01 In GC 3.10.01.01, after the words “receipt of a”, in the third line, insert the word “signed”, -and- insert the following sentences at the end of the paragraph: “In presenting a claim to the Owner for the cost of a Change in the Work, the Contractor shall include, itemize and separate all direct and indirect costs associated with that Change. Once the Owner and the Contractor have executed a Change Order in respect of the Change in the Work, the Contractor may include the agreed upon payment amount for the Change in the Work on the relevant Proper Invoices following completion of the Work under the Change Order.”

SC8.2 3.10.02.01 In GC 3.10.02.01, after the words “receipt of”, in the third line, insert the word “signed”, -and- insert the following sentences at the end of the paragraph: “In presenting a claim to the Owner for the cost of Extra Work, the Contractor shall include, itemize and separate all direct and indirect costs associated with that Extra Work. Once the Owner and the Contractor have executed a Change Order in respect of the Extra Work, the Contractor may include the agreed upon payment amount for the Extra Work on the relevant Proper Invoices following completion of the Extra Work.”

SC8.3 3.10.03.01 In GC 3.10.03.01, after the words “receipt of”, in the third line, insert the word “signed”,

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-and- insert the following sentences at the end of the paragraph: “In presenting a claim to the Owner for the cost of Additional Work, the Contractor shall include, itemize and separate all direct and indirect costs associated with that Additional Work. Once the Owner and the Contractor have executed a Change Order in respect of the Additional Work, the Contractor may include the agreed upon payment amount for the Additional Work on the relevant Proper Invoices following completion of the Additional Work.”

GC 3.13 - Claims, Negotiations, Mediation

SC9.1 3.13 Add to the end of the heading, after the word “Mediation”, the words “, and Adjudication”

SC9.2 3.13.04.02 In GC 3.13.04.02, delete the balance of the paragraph after the words “Payment on a Time and Material Basis” in the fifth line, and replace them with the following: “either party may: .1 serve a notice of Adjudication on the other party, pursuant to the Construction Act and in accordance with GC 3.16 Adjudication; or .2 proceed in accordance with GC 3.13.05 Mediation, or subsection GC 3.14 Arbitration.”

GC 3.15 - Archaeological Finds

SC10.1 3.15.02 In GC 3.15.02, delete the reference to “GC 3.07.01” and replace it with “GC 3.07.03”.

GC 3.16 - Adjudication

SC11.1 3.16 Add new GC 3.16 Adjudication as follows: “GC 3.16 Adjudication .01 Notwithstanding any other provisions in GC3.13, 3.14 or elsewhere in the Contract Documents the parties shall engage in Adjudication as required by, and in accordance with, the Construction Act and this Contract.

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.02 The following procedures shall apply to any Adjudications the parties engage in under the Construction Act: .1 any hearings shall be held in the municipal/head offices of the Owner or such other venue as the parties may agree and which is acceptable to the adjudicator; .2 the Adjudication shall be conducted in English; .3 each party may be represented by counsel throughout an Adjudication; .4 there shall not be any oral communications with respect to issues in dispute that are the subject of an Adjudication between a party and the adjudicator unless it is made in the presence of both parties or their legal representatives; and .5 a copy of all written communications between the adjudicator and a party shall be given to the other party at the same time. .03 Any documents or information disclosed by the parties during an Adjudication are confidential and the parties shall not use such documents or information for any purpose other than the Adjudication in which they are disclosed and shall not disclose such documents and information to any third party, unless otherwise required by law, save and except the adjudicator. .04 In respect of any claim or dispute, if the Contractor fails to comply with any of the notice requirements set out in the Contract Documents then the Contractor shall be barred from advancing such claim(s) or dispute(s) and shall have no entitlement whatsoever in respect of such claim(s) or dispute(s) (including to an increase in payment under the Contract, or an extension of Contract Time) and by failing to comply with the notice requirements waives the right to make any such claim(s) or dispute(s) in an Adjudication or in any other form of dispute resolution available under this Contract or at law. This GC 3.16.04 shall operate conclusively as an estoppel and bar in the event such claims or disputes are brought in an Adjudication or other form of dispute resolution and the Owner may rely on this GC 3.16.04 as a complete defence to any such claims or disputes. .05 The parties hereby acknowledge and agree, .1 that counterclaims, claims of set-off or the exercise or use of other contractual rights that permit the Owner to

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withhold, deduct or retain from monies otherwise owed to the Contractor under the Contract may be referred to, and included as part of, Adjudications under the Construction Act; .2 that disputes related to the termination or abandonment of the Contract, as well as any disputes that arise or are advanced following the termination or abandonment of the Contract, shall not be referred to Adjudication under the Construction Act; .3 that notice(s) of Adjudication, with respect to any dispute or claim relating to the Project, shall not be given, and no Adjudication shall be commenced following Completion, abandonment, or termination of the Contract; .4 that any Adjudication between the Contractor and a Subcontractor or a supplier that relates to an Adjudication between the Owner and the Contractor shall be joined together to be adjudicated by a single adjudicator, provided that the adjudicator agrees to do so, and the Contractor shall include a provision in each of its contracts that contain an equivalent obligation to this GC 3.16.05.4; and .5 that, other than where the Contractor is obliged to commence an Adjudication pursuant to an undertaking under the Construction Act, neither the Owner nor the Contractor shall commence an Adjudication during the Restricted Period (Adjudication). .06 The parties acknowledge and agree that no adjudication, arbitration, action, suit or other proceeding may be brought by the Contractor against the Owner in respect of a claim , unless and until: .1 the Owner and Contract Administrator have received a detailed claim notice in accordance with GC 3.13.03.03 (a “Claim Notice”); and .2 the Contract Administrator has issued a finding to the Contractor regarding the validity of the Claim Notice in accordance with GC 3.13.03.05. For greater clarity and without limiting the foregoing, the amount applied for in each Proper Invoice shall not include any amounts included in any Claim Notice unless and until the Contract Administrator has issued a finding to the Contractor regarding the validity of such Claim Notice. However, nothing in this GC

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3.16.07 shall prevent a Contractor from commencing an Adjudication where, pursuant to the Construction Act, the Contractor is required to give an undertaking to a Subcontractor to commence an Adjudication following delivery of a Notice of Non-Payment.”

SECTION GC 4.0 – OWNER’S RESPONSIBILITIES AND RIGHTS

GC 4.10 - Termination of the Contract

SC12.1 4.10.01 Insert the following words at the end of the GC 4.10.01 “and within 5 Working Days of providing written notice of termination, the Owner shall publish a notice of termination (Form 8) in accordance with the Construction Act.”

SECTION GC 6.0 – INSURANCE, PROTECTION AND DAMAGE

GC 6.03 - Contractor’s Insurance

SC13.1 6.03 Under the heading “GC 6.03 Contractor’s Insurance” insert the following note: “GC 6.03 Contractor’s Insurance shall apply to the extent that it does not conflict with the requirements of Special Provisions – General - Item G1, Execution of Contract.”

GC 6.04 - Bonding

SC14.1 6.04.02 In GC 6.04.02, after the words “Province of Ontario” in the second line insert the words “, shall be in the form prescribed by the Construction Act,”

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

GC 7.02 - Monuments and Layout

SC15.1 7.02 Under the heading “GC 7.02 Monuments and Layout” insert the following note:

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“GC 7.02 Monuments and Layout shall apply to the extent that it does not conflict with the requirements of Special Provisions – Contract Item A4 – Construction Layout.”

SC15.2 7.02.01 In GC 7.02.01, delete the words “the Contract Administrator.”

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

SC16.1 7.10.06 Add new GC 7.10.06 as follows:

“.06 Notwithstanding any other provision of this GC 7.10, Contractor's Right to Stop the Work or Terminate the Contract, no termination of the Contract by the Contractor will be valid until and unless the Contractor publishes a notice of termination in accordance with the requirements of the Construction Act.”

GC 7.13 - Obstructions

SC17.1 7.13 Under the heading “GC 7.13 Obstructions” insert the following note: “GC 7.13 Obstructions shall apply to the extent that it does not conflict with the requirements of Special Provisions – General - Item G21 – Protection of Overhead Construction and Tree Removal.”

GC 7.16 - Warranty

SC18.1 7.16.04 GC 7.16.02 shall be amended by deleting subsections a), b) and c) and inserting: “a) 12 months from the date of Completion of the Work as set out in the Completion Certificate; or b) such longer periods as my be specified in the Contract Documents for certain Materials or for some of the Work.

SC18.2 7.16.04 Add the following new GC 7.16.04, GC 7.16.05, and GC 7.16.06 as follows: “.04 The Contractor shall correct any defects or deficiencies in the work within twelve (12) hours (or any time stipulated) of

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having received written notice from the Contract Administrator to do so. Should the Contractor fail to correct the defects or deficiencies within the time stipulated, or if the defect or deficiency, in the opinion of the Contract Administrator, becomes emergency in nature, the Owner will undertake the necessary corrections and the Owner’s costs in this respect shall become the responsibility of the Contractor.

.05 It will be a condition of any warranty required by the Contract Documents that, should any Work be repaired or replaced during the Warranty Period, the Warranty Period shall recommence for a further 12 months from the date of acceptance by the Owner for the corrected work.

.06 The Contractor shall assign to the Owner all warranties or guarantees for the work, services or products, performed or supplied, by any Subcontractor, supplier or other person in connection with the Project retained by the Contractor, and such assignment shall be with the consent of the assigning party where required by law or by the terms of that party’s contract. Such assignment shall be in addition to, and shall in no way limit, the warranty rights of the Owner under the Contract Documents.”

GC 7.19 - Construction Liens

SC19.1 7.19 Add new GC 7.19 Construction Liens as follows: “GC 7.19 Construction Liens .01 Notwithstanding any other provision in the Contract, the Owner shall not be obligated to make payment to the Contractor, if at the time such payment was otherwise due: .1 a claim for lien has been registered against title to the Working Area, or delivered to the Clerk of the Owner, by a Subcontractor or a supplier of any tier that has

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not been vacated or discharged by the Contractor in accordance with the requirements of this Contract, .2 the Owner has received a written notice of a lien that has not been resolved by the Contractor through the posting of security or otherwise; or .3 a claim for lien has been registered against title to the Working Area by the Contractor, that has not been vacated or discharged by the Contractor. .02 If a construction lien arising from the performance of the Work is preserved by a Subcontractor or a supplier of any tier, or a written notice of a lien is given to the Owner by a Subcontractor or a supplier, or a construction lien action is commenced against the Owner by a Subcontractor or a supplier of any tier, or the Contractor has registered a claim for lien against title to the Work Area or given a written notice of lien to the Owner, then the Contractor shall, at its own expense: .1 within 10 calendar days of registration of a claim for lien, or delivery of a claim for lien by a Subcontractor or supplier to the Clerk of the Owner, vacate the lien by posting security with the Ontario Superior Court in accordance with s. 44 of the Construction Act or procure a discharge of the lien. If the lien is merely vacated, the Contractor shall, if requested, undertake the Owner’s defence of any subsequent action commenced by a Subcontractor or supplier in respect of the lien being claimed, at the Contractor’s sole expense; .2 within 10 calendar days of receiving notice from the Owner of a written notice of a lien being given to the Owner by a Subcontractor or supplier, post security with the Ontario Superior Court of Justice so that the written notice of a lien no longer binds the parties upon whom it was served; and .3 satisfy all judgments and pay all costs arising from such Subcontractor or supplier construction lien(s) and actions and fully indemnify the Owner against all costs and expenses arising from same, including legal costs on a full indemnity basis. .03 If the Contractor fails or refuses to comply with its obligations pursuant to GC 7.19.02, the Owner shall, at its option, be entitled to take all steps necessary to address any such construction liens including, without limitation and in

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addition to the Owner’s rights under GC 7.19.04, the posting of security with the Ontario Superior Court of Justice to vacate the claim for lien or written notice of lien, and in so doing will be entitled to full indemnity from the Contractor for all legal fees, security, disbursements and other costs incurred, and will be entitled to deduct same from amounts otherwise owing to the Contractor. .04 If any Subcontractor or supplier of any tier preserves a claim for lien with respect to the Work, or the Contractor registers a claim for lien against title to the Work Area or gives the Owner a written notice of lien, the Owner shall have the right to withhold, in addition to the statutory holdback, the full amount of said claim for lien plus either: (a) $250,000 if the claim for lien is in excess of $1,000,000 or (b) 25% of the value of the claim for lien and to bring a motion to vacate the registration of the claim for lien or the written notice of lien and any associated certificate of action in respect of that lien, in accordance with Section 44 of the Construction Act, by paying into court as security the amount withheld. .05 Nothing in this GC 7.19 serves to preclude the Contractor from preserving and perfecting its lien, in accordance with the Construction Act, in the event of non-payment by the Owner.”

SECTION GC 8.0 – MEASUREMENT AND PAYMENT

GC 8.01 - Measurement

SC20.1 8.01.01.01 Delete GC 8.01.01.01 and replace it with the following: “.01 The Contract Administrator shall prepare an Estimate of the quantity of Work immediately upon the conclusion of each Payment Period. The first Estimate shall be for the quantity of Work performed since the Contractor commenced the Contract, and every subsequent Estimate shall be of the quantity of Work performed since the preceding Estimate was made. The Contract Administrator shall provide the copy of each Estimate to the Contractor within 10 calendar days of the Cut-Off Date, or at such other time agreed to by the Owner and the Contractor in writing. Where the Contract Administrator has not delivered an Estimate to the Contractor with the time prescribed by

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this GC 8.01.01.01, the Contractor shall deliver a Notice to this effect to the Owner and the Contract Administrator.”

SC20.2 8.01.02.01 In GC 8.01.02.01 a), replace the references to “15%” and “115%” with “20%” and “120%” respectively.

SC20.3 8.01.02.01 Delete GC 8.01.02.01 b) and replace it with the following: “.01 b) In the case of a major item where the quantity of work performed and/or material supplied by the Contractor is less than 80% of the tender quantity, the Contractor may make a written request to the Owner for consideration for an allowance to compensate for the Contractor's losses in fixed costs. If the Owner considers that compensation is justified, it will be paid for at a rate equal to 10% of the unit bid price on the amount of the under-run which is less than 80% of the tender quantity".

GC 8.02.04.01 - Progress Payment Certificate

SC21.1

SC21.2 8.02.04.01.02 Delete GC 8.02.04.01.02 and replace it with the following: “.02 Within five (5) calendar days following the delivery of the Estimate to the Contractor, the Contractor shall deliver its invoice to the Owner and to the Contract Administrator in accordance with GC 8.02.04.01.03 for Work performed during a Payment Period (the “Proper Invoice Submission Date”)provided that if the fifth (5th) calendar day following the delivery of the Estimate to which an invoice relates falls on a calendar day that is not a Working Day, the Proper Invoice Submission Date shall be deemed to fall on the next Working Day. The parties hereby consent to the giving and receiving of Proper Invoices electronically and in accordance with the requirements of GC 8.02.04.01.03.”

SC21.3 8.02.04.01.03 Delete GC 8.02.04.01.03 and replace it with the following: “.03 Invoices submitted under GC 8.02.04.01.02 shall be given in accordance with the following requirements: .1 Invoices shall include all the information described in Exhibit “1”.

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.2 Invoices shall be given to the Owner’s Representative at: [email protected] with a copy by email to the City Project Manager at the email address provided to the Contractor. Or 4310 Queen Street, Niagara Falls ON L2E 6X5, if the invoice is unable to be submitted electronically, with a copy to the City Project Manager and the Contractor Administrator, if any, unless advised otherwise in writing. .3 Invoices shall be given between the hours of 9:00 a.m. to 4:00 p.m. (EST) on the Proper Invoice Submission Date. .4 If an invoice is given after 4:00 p.m. (EST) on the applicable Proper Invoice Submission Date, the invoice will not be considered or reviewed by the Owner and Contract Administrator until the next Working Day, at which point the Proper Invoice will be deemed to have been given to the Owner and the Contract Administrator. Should the Owner decide to accept an invoice submitted after 4:00 p.m. on the applicable Proper Invoice Submission Date (which the Owner is under no obligation to do), such acceptance shall not be construed as a waiver of any of its rights or waive or release the Contractor’s obligations to strictly comply with the requirements prescribed in this GC 8.02.04.01.03. .5 If an invoice is given before the Proper Invoice Submission Date, the invoice will not be considered or reviewed by the Owner and Contract Administrator until the applicable Proper Invoice Submission Date, at which point the invoice will be deemed to have been received by the Owner and Contract Administrator for the purpose of review and evaluation. .6 Notwithstanding any other provision of this Contract, the Contractor shall not deliver an invoice, for consideration as a Proper Invoice by the Owner, during the Restricted Period (Proper Invoice).”

SC21.4 8.02.04.01.05 Add new GC8.02.04.01.05 to GC8.02.04.01.09 as follows: to “.05 Upon receiving the Contractor’s invoice, submitted in 8.02.04.01.09 accordance with GC 8.02.04.01.02 the Contract Administrator shall confirm whether the invoice satisfies all of the criteria for a Proper Invoice. If not, the invoice will be

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returned to the Contractor with reasons from the Owner or the Contract Administrator setting out which criteria for a Proper Invoice have not been satisfied. .06 The Owner reserves the right, in its sole, absolute and unfettered discretion, to permit the Contractor to correct an error or minor irregularity in an invoice that the Contractor purported to be a Proper Invoice and gave to the Owner in accordance with GC 8.02.04.01.02. The Owner shall be under no obligation to exercise the right conferred to it under this GC 8.02.04.01.06. .07 The requirements of Proper Invoices are of the essence. .08 The Contractor shall prepare and maintain current as-built drawings or red-line markups which shall consist of the Drawings and End Result Specification, including but not limited to architectural, structural, mechanical, electrical, cabling, shop drawings, single-line diagrams and any other graphical representations, and shall be maintained by the Contractor and made available to the Contract Administrator for review with each Proper Invoice. .09 The Contractor’s actual expense for bonds shall be included in the first Proper Invoice and paid by the Owner.”

GC 8.02.04.01a - Progress Payment

SC22.1 8.02.04.01a Add new GC 8.02.04.01a Progress Payment as follows: “GC 8.02.04.01a Progress Payment .01 No later than 14 Days after the receipt of the Proper Invoice for a progress payment, the Contract Administrator: a) will issue to the Owner with a copy to the Contractor, a progress payment certificate in the amount applied for by the Contractor, and the Owner shall make payment in such amount within 28 days following receipt of the Contractor’s Proper Invoice, or b) if the Contract Administrator finds that such other amount is properly due under the Proper Invoice or otherwise finds that the Proper Invoice must be amended, it shall notify the Owner’s Representative and prepare an applicable Notice of Non-Payment (Form 1.1) with reasons for the amendments. .02 Where the Owner has delivered a Notice of Non-Payment, the Owner and the Contractor shall first engage in good faith

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negotiations to resolve the dispute. If within 10 calendar days following the issuance of a Notice of Non-Payment, the Owner and the Contractor cannot resolve the dispute, either party may issue a notice of Adjudication in the applicable form prescribed under the Construction Act. .03 The amounts disputed and described under the Notice of Non-Payment shall be held by the Owner until all disputed amounts of the Proper Invoice have been resolved. Any portion of the Proper Invoice which is not the subject of the Notice of Non-Payment shall be payable within the time period set out the Construction Act, provided no claims for lien and no written notices of lien have been delivered to the Owner. .04 The Owner reserves the right to retain amounts to ensure correction or replacement of deficient work done or unacceptable product provided. The Owner’s obligation to pay under GC 8.02.04.01a.01(a) or 8.02.04.01a.03 is subject to any rights conferred on the Owner at law or under this Contract to withhold payment, backcharge or set-off against payment. .05 Subject to the Construction Act, any amounts payable to the Owner by the Contractor pursuant to the Contract Documents, may be retained out of any monies due, or which may become due, from the Owner to the Contractor under the Contract or, if the Contractor becomes insolvent, under any other contract between the Contractor and the Owner, and may be recovered from the Contractor or its sureties, or any or either of them, as a debt due to the Owner. In addition, the Owner shall have full authority to retain monies if circumstances arise which may indicate the advisability of so doing, though the sum to be retained may be unascertained. For greater clarity any amounts payable to the Owner by the Contractor pursuant to the Contract Documents, or any deductions, retainage or withholdings the Owner is entitled to make pursuant to the Contract Documents, shall entitle the Owner to refuse to pay all or any portion of the amounts payable under Proper Invoices on account of such amounts payable, deductions, retainage or withholdings

GCCS - 22 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

GC 8.02.04.02 - Certification of Subcontract Completion

SC23.1 8.02.04.04.02 Delete GC 8.02.04.02 in its entirety.

GC 8.02.04.03 - Subcontract Statutory Holdback Release Certificate and Payment

SC24.1 8.02.04.04.03 Delete GC 8.02.04.03 in its entirety.

GC 8.02.04.04 - Substantial Performance of Work

SC25.1 8.02.04.04.04 Delete GC 8.02.04.04.04, and replace it with: “The Contractor shall publish, in a construction trade newspaper in the area of the location of the Work, a copy of the certificate of Substantial Performance of the Work referred to in this GC 8.02.04.05.01 within seven (7) days of receiving a copy of the certificate signed by the Contract Administrator, and the Contractor shall provide suitable evidence of the publication to the Contract Administrator and the Owner.”

GC 8.02.04.05 - Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificate

SC26.1 8.02.04.05.01 In GC8.02.04.05.01, replace “section 8.02.04.01.02” with “section 8.02.04.01.03”.

SC26.2 8.02.04.05.03 At the end of GC8.02.04.05.03 add the following: “c) a Proper Invoice for the payment of the holdback amount; and

d) such additional documents as the Contract Administrator may reasonably require.”

SC26.3 8.02.04.05.05 Add new GC8.02.04.05.05: “.06 Where after thirty (30) days following the publication of the Certificate of Substantial Performance, pursuant to GC 8.02.04.05.01, the value of the Work remaining to be completed under the Contract, plus the estimated cost to repair any remaining deficiencies, exceeds the amount of the unpaid balance of the labour and Materials (as determined by the

GCCS - 23 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Contract Administrator, acting reasonably), the Owner’s Representative may publish a notice of non-payment of holdback in accordance with the Construction Act (Form 6) and retain an amount from the holdback to supplement the unpaid value of the labour and Materials to secure the correction of deficiencies and completion of the Work.”

GC 8.02.04.07 - Final Payment and Statutory Holdback Release

SC27.1 8.02.04.07 Delete GC 8.02.04.07 and replace it with the following:

“GC 8.02.04.07 Final Payment and Statutory Holdback Release

.01 When the Contractor considers that the Work has been totally performed, the Contractor shall submit a written application for review by the Contract Administrator to establish Completion of the Work.

.02 Within ten (10) calendar days of the Contractor submitting an application under GC8.02.04.07.01 for contract Completion, the Contractor, Owner and Contract Administrator shall attend a meeting to discuss and review the work completed during the final Payment Period and, more generally, the total performance of the Work under the Contract . If the scheduled date for the meeting is not a Working Day, the meeting shall occur on the next Working Day, or on another day agreed to by the Contractor and the Owner in writing. The Contractor shall bring with it to the meeting any documents reasonably required by the Contract Administrator.

.03 No later than five (5) calendar days prior to the meeting, the Contractor will, if it has not already been provided, submit to the Contract Administrator, the following documentation:

.1 all closeout documentation required by the Contract Documents including, but not limited to, warranties, manuals, guarantees, as-built drawings and all other relevant literature from suppliers and manufacturers including, but not limited to, where applicable:

a. Equipment, maintenance and operations manuals;

GCCS - 24 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

b. Equipment specifications, data sheets and brochures, parts lists and assembly drawings, performance curves and other related data;

c. Line drawings, value charts and control sheets sequences with description of the sequence of operations;

d. Warranty documents;

e. Service and maintenance reports;

f. Specifications;

g. Shop drawings;

h. Testing results; and

i. Commissioning and quality assurance documentation

.04 The documents referenced in GC 8.02.04.07.03 shall constitute requirements for the Proper Invoice for final payment.

.05 The Contractor shall submit a Proper Invoice for final payment within five (5) calendar days following the date of the meeting (the “Final Proper Invoice Submission Date”)provided that if the fifth (5th) calendar day following the meeting falls on a calendar day that is not a Working Day, the Final Proper Invoice Submission Date shall be deemed to fall on the next Working Day.

.06 The Contract Administrator will, after receipt of a Proper Invoice from the Contractor for final payment, review the Work to verify the validity of the Proper Invoice and:

.1 advise the Contractor in writing that the Work is not completely performed and give reasons why, or;

.2 state the date of Completion in a certificate and issue a copy of that certificate to each of the Owner and the Contractor within seven (7) days of signing said certificate.

.07 Subject to the provisions of the Construction Act and any other rights conferred on the Owner at law or under this

GCCS - 25 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Contract to withhold payment or backcharge or set-off against payment, the Owner shall pay the amount payable under a Proper Invoice for final payment in accordance with the Construction Act.

.08 When the Contract Administrator issues a certificate of completion in accordance with GC 8.02.04.07.06, the Contract Administrator shall also issue a certificate for release of any holdback amount. In accordance with the Construction Act, the Owner may retain any amounts which are required by law to satisfy any liens against the Work, in respect of any third party claims made to the Owner in respect of the Contract or the Work, and in respect of any claims the Owner may have against the Contractor. Subject to the foregoing, the Owner shall release the holdback in accordance with the Construction Act.”

GC 8.02.04.09 - Interest for Late Payment

SC28.1 8.02.04.09 Delete GC 8.02.04.09 in its entirety, including all subparagraphs thereunder.

GC 8.02.04.12 - Delay in Payment

SC29.1 8.02.04.12 Delete GC 8.02.04.12.01 in its entirety and replace with the following:

“.01 The Owner shall not be deemed to be in default of the Contract provided any delay in payment does not exceed 30 Days from the due dates as provided for in the Contract Documents or as otherwise set out in the Construction Act”

GC 8.02.05.08 - Payment on Time and Material Basis

SC30.1 8.02.05.08.01 Delete subsections GC 8.02.05.08.01 a), b) and c) in their entirety and delete the words “calculated on the following basis” and replace it with the following:

GCCS - 26 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

“5% of the amount. The 5% markup shall apply to any work performed by a Subcontractor. All equipment rates will be based on those listed in OPS 127 at the time of contract execution.”

GC 8.02.05.09 - Submission of Invoices

SC31.1 8.02.05.09 Add at the end of 8.02.05.09.01 the following:

“All labour rates submitted are to be validated by the Contractor’s accountant, licensed to practice in the Province of Ontario and having a professional designation as a CPA or equivalent.”

GCCS - 27 City of Niagara Falls Contract 2020-263-12 Chippawa Parkway Culvert Rehabilitation

Exhibit “1”

Project-specific requirements for a “Proper Invoice”

To satisfy the requirements for a Proper Invoice, the following criteria, as may be applicable in each case, must be included with the Contractor’s invoices:

Contractor Name, Mailing Address, Phone Number

Project Name & Contract Number

Contractor Project Manager & Contact Information

Invoice Issuance Date

Payment Period (i.e. Period of time in which labour and/or materials supplied)

Amount Contractor is Requesting to be Paid including Value of Work in CWOs (Excl. HST)

HST Rate

Payment Term – Net 28 Days

HST Registration Number

ATTACHMENTS

Payment Certificate (prepared by City Project Manager and signed by the Contractor) Including Certificate, Distribution, Quantities Sheets & Change Work Orders

Current Workplace Safety and Insurance Board Clearance Certificate

Updated Insurance Certificate

Sworn Statutory Declaration

END OF SUPPLEMENTARY CONDITIONS

GCCS - 28 REFER TO NIAGARA PENINSULA STANDARD CONTRACT DOCUMENT

Special Provisions - General Special Provisions - Contract Items Supplementary General Conditions of Contract OPS General Conditions of Contract

APPENDIX A Geotechnical Investigation Report Municipal Works LANDTEK LIMITED 01110021. r Consulting Engineers 2--- 205 Nebo Road, Unit 3 Phone: 905- 383- 373324,3-/ Hamilton, Ontario Fax: 905- 383 -8433 % - 7 Canada engineering @landteklimited.com L8W 2E1 www.landtekiimited. com

t?7 nci'i1Cl1

February 19, 2013 . File: 12290 & 12291 FEB 2 0 2013 ENIGINEERING The City of Niagara Falls g Infrastructure and Asset Manager, Municipal Works City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5

Dear Mr. Kent Schachowskoj, P. Eng.,

Re: Geotechnical Investigation Proposed Gabion Wall Rehabilitation Welland River Culvert on Chippawa Parkway, Structure #S053C 263--1,2— 650 m West of Stanley Avenue City of Niagara Falls, Regional Municipality of Niagara, Ontario

Geotechnical Investigation Proposed Bridge Replacement (Structure #S1 19B) Miller Road at Usshers Creek, ±240 m East of Sodom Road City of Niagara Falls, Regional Municipality of Niagara, Ontario

I am pleased to submit one bound copy of each of our geotechnical investigation reports for the above noted projects. A PDF file of the full signed reports has been previously sent out to you.

I trust that the report is satisfactory for your purposes. If you have any questions, please do not hesitate to call me or my associate Mr. Ralph Di Cienzo, P. Eng.

Yours very truly,

L/.&NIDTEK LIMITED

Paul Anderson, P. Eng. P DA/

FOUNDATION INVEST €CATIONS ENVIRONMENTAL SITE ASSESSMENTS AND CLEANUP GROUNDWATER STUDIES R SLOPE STABILITY STUDIES ASPHALT TECHNOLOGY ASPHALT MIX DESIGNS PAVEMENT PERFORMANCE ANALYSIS. CONSTRUCTION MATERIALS TESTING & INSPECTION ANALYSIS OF SOIL CORROSION POTENTIAL PAVEMENT REHABILITATION & TENDER SPECIFICATIONS CONCRETE QUALITY ASSURANCE TESTING ROOF INSPECTIONS INFRASTRUCTURE NEEDS STUDIES FAILURE ANALYSIS AND EXPERT WITNESS SERVICES N AGGREGATE EVALUATION 263- 1-2-- LANOTEK LIMITED Consulting Engineers 205 Nebo Road, Unit 3 Phone: 905 -383 -3733 Hamilton, Ontario Fax: 905 -383 -8433 Canada engineering@landtekdmited. com L8W 2E1 www.landteklimited. com

G eotec h n i ca I Investigation Proposed Gabion Wall Rehabilitation Welland River Culvert on Chippawa Parkway, Structure #S053C 650 m West of Stanley Avenue City of Niagara Falls, Regional Municipality of Niagara, Ontario

Prepared for:

The City of Niagara Falls c/ o ELLIS Engineering Inc. 214 Martindale Road, Suite 201 St. Catharines, Ontario L2S 0132

Project No.: 12290 January 21, 2013

FOUNDATION INVESTIGATIONS ENVIRONMENTAL SITE ASSESSMENTS AND CLEANUP GROUNDWATER STUDIES SLOPE STABILITY STUDIES ASPHALT TECHNOLOGY r ASPHALT MIX DESIGNS PAVEMENT PERFORMANCE ANALYSIS CONSTRUCTION MATERIALS TESTING & INSPECTION ANALYSIS OF SOIL CORROSION POTENTIAL PAVEMENT REHABILITATION & TENDER SPECIFICATIONS CONCRETE QUALITY ASSURANCE TESTING ROOF INSPECTIONS INFRASTRUCTURE NEEDS STUDIES FAILURE ANALYSIS AND EXPERTWITNESS SERVICES AGGREGATE EVALUATION Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario Page i January, 2013 EXECUTIVE SUMMARY

Landtek Limited is pleased to submit the geotechnical investigation report for the proposed rehabilitation structure (## about 650 of the existing gabion retaining walls at the culvert S053C) on Chippawa Parkway ELLIS m west of Stanley Avenue in the City of Niagara Falls, Ontario. The work was authorized by Engineering Inc. on behalf of the City of Niagara Falls on December 7, 2012.

A 2011 municipal bridge appraisal report indicates that the gabion baskets are rotating away from the support and settlements in the As roadway with the result that there has been reduced lateral roadway. well, the appraisal report indicated that although the concrete channel of the culvert appeared in good condition there was evidence of erosion and loss of subgrade support under the concrete channel.

Boreholes 1 and 2 were drilled on December 19, 2012, each to a depth of 5. 0 m, and at the west and east on site plan, in ends of the culvert respectively. The locations of the boreholes are shown the drawing 1 Appendix C. Photographs of typical site conditions are presented in Appendix D.

The ground surface elevations at the borehole locations were surveyed by City of Niagara Falls forces and were provided to Landtek Limited. The elevations refer to the geodetic datum.

SITE AND SOIL CONDITIONS

The subject site is at the location where an existing tributary watercourse to the Welland River crosses Chippawa Parkway, about 650 m west of Stanley Avenue in Niagara Falls. The ground levels at boreholes 1 and 2 were 175.4 m and 175. 0 m respectively and the water level of the watercourse at the time of the borehole drilling was approximately 4. 4 m below the centreline road grade at the middle of the bridge.

soil Warren and younger Geologic map data [ 1 and 2] indicate that the predominant overburden is Lake information pre -Iroquois stratified , silt, and that overlies shaley dolostone . The geologic 2] also indicates that the bedrock depth is in the order of 30 m to 35 m.

The borehole findings are consistent with the available data and indicate that native layered and fractured overlain with extends to depths of 1. 4 m at silty clay is the predominant native soil, The clay is fill that borehole 1 on the west side of the culvert and 1. 1 m at borehole 2 on the east side. The boreholes were terminated at 5. 0 m and bedrock was not encountered, SPT values in the silty clay range from 14 blows to 41 blows and indicate the stratum ranges from stiff to hard in consistency.

Boreholes 1 and 2 were drilled in the westbound and eastbound lanes respectively and there was about 75 mm of bituminous material over granular that had a thickness of 530 mm and 685 mm approximately at the two boreholes.

SOIL RETAINING WALL CONSIDERATIONS

subgrade support conditions for wall The existing native silty clay soil provides competent retaining construction such that there is no concern for long term differential settlements and base instability under movement which has the retaining wall. The existing gabion basket walls are distorted due to lateral resulted in ground settlement behind the walls and in the roadway. New soil retention systems and/ or and /or soil reinforcement to retaining walls should be constructed and should utilize tie -backs improve type lateral stability. Appropriate soil retaining systems for the project site are considered to be a gravity gabion basket wall with geosynthetic geogrid reinforcement layers, as illustrated in Figure 2, or a

geosynthetic reinforced earth type wall system as illustrated in Figure 3. The geosynthetic reinforced

earth system with geogrid and geosynthetic materials can include an erosion blanket with topsoil on the face to facilitate vegetation regeneration that results in the remedial soil retention work blending into the overall geometry and natural landscape of the area and a " seamless" wall of natural vegetation growth. Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario Page ii January, 2013 EXECUTIVE SUMMARY

Proprietary design systems such as the Maccaferri systems provide similar capability with natural vegetation regeneration on the face of the gabion wall. Both the gabion basket soil retention system and the geosynthetic reinforced earth system have the advantage that construction can be carried out using conventional construction equipment and methods.

The recommendations provided in the previous section and illustrated in Figures 2 and 3 of the report text constitute design and construction concepts and require design analysis based on required finished surface grades, traffic loading impact, and slope inclinations. This work will form part of the preparation of design drawings and specifications with quantities for contract document and tendering purposes.

CHANNEL CONDITIONS

The concrete channel of the watercourse is supported on the native silty clay and although the concrete appears in sound condition and the flow is not impeded there is evidence that some scour and undermining of the concrete at the inlet and outlet ends ( refer to Photographs 3 and 4 in Appendix D) has occurred over the years. The silty clay is a fine grained soil with greater than 50 % of the soil particles passing the O. O75 mm sieve and the majority of the particles being clay size. Soil erodibility can be assessed using the Wischmeier Nomograph [ 3] and for the soils at the site the soil erodibility factor (K) is less than about 0. 5 which relates to a soil with a moderate resistance to erosion. This is consistent with the evidence that there has not been extensive progressive erosion under the concrete channel.

It is recommended that the voids under the concrete channel at the inlet and outlet ends of the culvert be filled with concrete ( 20 MPa nominal 28 day strength) prior to proceeding with any channel improvements see Figure 4 in the report text).

It is recommended that the creek bed upstream and downstream of the concrete lined culvert section should be treated with channel protection to dissipate flow and reduce the erosion and scour at the concrete lined channel section. The options for channel protection are rip -rap stone such as OPSS 1004 R -50 material, and rock filled Maccaferri gabion mats or an approved alternate. The gabion mats are designed as a rock -filled cellular basket structures and the cost effectiveness and application of the gabion mats should be reviewed with the supplier. All proposed creek bed alterations should be undertaken in full communication and with the approval of the Niagara Peninsula Conservation Authority.

PAVEMENT REINSTATEMENT CONSIDERATIONS

The installation of soil retaining systems will involve excavation back into the road and therefore road restoration will be required. Given that Chippawa Parkway is a bituminous surfaced road that accommodates a low volume of mixed car and truck traffic and there is no indication that the existing road is a high volume heavy commercial truck route, the pavement reinstatement can consist of hot mix asphalt on granular base or a bituminous surface treatment on granular base, The recommended asphalt pavement structure for reinstatement is given in Table 2 of the report text. The City of Niagara Falls may, however, have a standard pavement section that is preferred for the class of road. Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario January, 2013

TABLE OF CONTENTS SECTION PAGE_(S1

1. 0 INTRODUCTION ...... 1

2. 0 METHODOLOGY ...... 2

3. 0 SITE AND SOIL CONDITIONS ...... 3, 4 Figure 1 — Key Plan of Project Site Location ...... 3

4.0 SOIL RETAINING WALL CONSIDERATIONS ...... 5- 7 Figure 2 — Illustration of Gabion Wire Basket Type Retaining System ...... 6 Figure 3 — Illustration of Slope Reinforcement with Geosynthetic Materials...... 7

5. 0 CHANNEL CONSIDERATIONS ...... 8 Figure 4 — Illustration of Channel Alteration Recommendations ...... 8

6. 0 EXCAVATIONS ...... 9

7. 0 SOIL MANAGEMENT CONSIDERATIONS ...... 10

8. 0 PAVEMENT REINSTATEMENT ...... 11 Table 2 — Recommended Pavement Structure for Road Reinstatement ...... 11

9. 0 CLOSURE ...... 12

REFERENCES

APPENDIX A LIMITATIONS OF REPORT APPENDIX B SYMBOLS AND TERMS USED IN THE REPORT CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES APPENDIX C DRAWING 1 — SITE PLAN SHOWING BOREHOLE LOCATION LOGS OF BOREHOLES 1 AND 2 APPENDIX D PHOTOGRAPHS OT TYPICAL SITE CONDITIONS Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway Pile: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario Page 1 January, 2013

1. 0 INTRODUCTION

Landtek Limited is pleased to submit the geotechnical investigation report for the proposed rehabilitation of the existing gabion retaining walls at the culvert structure ( # S053C) on Chippawa Parkway about 650 m west of Stanley Avenue in the City of Niagara Falls, Ontario. The work was authorized by ELLIS Engineering Inc. on behalf of the City of Niagara Falls on December 7, 2012 and was carried out in accordance with the Landtek proposal # P12166 dated November 21, 2012.

A 2011 municipal bridge appraisal report indicates that the gabion baskets are rotating away from the roadway with the result that there has been reduced lateral support and settlements in the roadway. As well, the appraisal report indicated that although the concrete channel of the culvert appeared in good condition there was evidence of erosion and loss of subgrade support under the concrete channel.

The primary objectives of the investigation were:

1) Determine the native subsurface soil and groundwater conditions at the site,

2) Provide recommendations with regards to the gabion wall rehabilitation and the channel

soil erosion;

3) Provide design and construction recommendations with respect to the restoration of

pavement approaches to the site;

a eNOrax Proposed Gabion Wall Rehabilitation„ Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario Page 2 January, 2013

2. 0 METHODOLOGY

Following utility clearances, boreholes 1 and 2 were drilled on December 19, 2012, each to a depth of 5. 0 m, and at the west and east ends of the culvert respectively. Split spoon samples and Standard Penetration Tests ( SPT's) were taken in the boreholes during the drilling at selected depths. The drilling was completed by an experienced soil drilling contractor and full time supervision of the drilling and sampling operations was carried out by personnel of Landtek Limited. The locations of the boreholes are shown on the site plan, drawing 1 in Appendix C. Photographs of typical site conditions are presented in Appendix D.

The ground surface elevations at the borehole locations were surveyed by City of Niagara Falls forces and were provided to Landtek Limited. The elevations refer to the geodetic datum.

The soil samples were transported to the Landtek Limited laboratory and visually examined to determine their textural classification. Moisture contents were carried out on all samples. Density determinations were completed on intact cohesive samples. Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario Page 3 January, 2013

3. 0 SITE AND SOIL CONDITIONS

The subject site is at the location where an existing tributary watercourse to the Welland River crosses Chippawa Parkway, about 650 m west of Stanley Avenue in Niagara Falls. Figure 1 illustrates the location of the subject site. The ground levels at boreholes 1 and 2 were 175.4 m and 175. 0 m respectively and the water level of the watercourse at the time of the borehole drilling was approximately 4. 4 m below the centreline road grade at the middle of the bridge.

Geologic map data [ 1 and 2] indicate that the predominant overburden soil is Lake Warren and younger pre -Iroquois stratified clay, silt, and sand that overlies shaley dolostone bedrock. The geologic information [ 2] also indicates that the bedrock depth is in the order of 30 m to 35 m.

PP

CULVERT SITE

z

X b

Welland River

FIGURE 1 -- KEY PLAN OF SUBJECT SITE

The borehole findings are consistent with the available data and indicate that native layered and fractured silty clay is the predominant native soil. The clay is overlain with fill that extends to depths of 1. 4 m at borehole 1 on the west side of the culvert and 1. 1 m at borehole 2 on the east side. The boreholes were terminated at 5. 0 m and bedrock was not encountered.

EXISTING PAVEMENT

Eoreholes 1 and 2 were drilled in the westbound and eastbound lanes respectively and there was about 75 mm of bituminous material over granular that had a thickness of 530 mm and 685 mm approximately at the two boreholes.

FILL

Silty clay fill with some organic inclusions was encountered in each borehole to between 1. 1 m and 1. 4 m. The fill is mottled brown to grey -brown and moist. Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario Page 4 January, 2013

SILTY CLAY

Native silty clay was encountered below the fill deposits and has a layered and fractured structure and contains scattered sizes. SPT values in the silty clay range from 14 blows to 41 blows and indicate the stratum ranges from stiff to hard in consistency. The moist Bulk Specific Gravity ( BRD) is in the range of 2. 014 to 2. 161 and the moisture content values are in the order of 18 to 26 %.

The silty clay soil is considered to be a CL type soil on the Unified System which relates to inorganic silty clays of low to medium plasticity with liquid limits of less than 50 and greater than 50 % by mass of the soil particle sizes being smaller than 0. 075 mm.

GROUNDWATER

Groundwater seepage was not encountered in the boreholes during drilling and on completion the boreholes were open and dry.

The long term stabilized ground water table was not established however it is expected that the ground water level closely reflects the surface water conditions encountered in the watercourse.

The groundwater conditions and surface water flow conditions are expected to vary according to the time of the year and seasonal changes in precipitation. Water seepage is expected from soil fissures, layered peat deposits, and fill materials. Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario Page 5 January, 2013

4.0 SOIL RETAINING WALL CONSIDERATIONS

The existing native silty clay soil provides competent subgrade support conditions for retaining wall construction such that there is no concern for long term differential settlements and base instability under the retaining wall. The existing gabion basket walls are distorted due to lateral movement which has resulted in ground settlement behind the walls and in the roadway. New soil retention systems and/ or retaining walls should be constructed and should utilize tie -backs and /or soil reinforcement to improve lateral stability. Appropriate soil retaining systems for the project site are considered to be a gravity type gabion basket wall with geosynthetic geogrid reinforcement layers, as illustrated in Figure 2, or a geosynthetic reinforced earth type wall system as illustrated in Figure 3. The geosynthetic reinforced earth system with geogrid and geosynthetic materials can include an erosion blanket with topsoil on the face to facilitate vegetation regeneration that results in the remedial soil retention work blending into the overall geometry and natural landscape of the area and a " seamless" wall of natural vegetation growth. Proprietary design systems such as the Maccaferri systems provide similar capability with natural vegetation regeneration on the face of the gabion wall. Both the gabion basket soil retention system and the geosynthetic reinforced earth system have the advantage that construction can be carried out using conventional construction equipment and methods.

The installation of a soil retaining system with tiebacks /geogrid reinforcement will require excavation back into the roadway and pavement restoration.

The recommendations provided in the previous section and illustrated in Figures 2 and 3 constitute design and construction concepts and require design analysis based on required finished surface grades, traffic loading impact, and slope inclinations. This work will form part of the preparation of design drawings and specifications with quantities for contract document and tendering purposes. Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario Page 6 January, 2013

Finished Ground Surface

Gabion stone to meet OPSS 1004 G -10 material specifications unless otherwise required by the designer

Gabion Woven Wire Mesh Baskets, vertical face or stepped face as designed;

Galvanized wire & PVC coated as per Maccaferri specifications or

approved alternate

Geogrid Reinforcement layers; lengths to be determined By design height of retaining system Granular Levelling Layer ( ±150 mm) of OPSS 1010 Granular A, compacted to

min. 98 % SPMDD

s " M Finished Ground Surface Compacted Granular A

Native Silty Clay, stable & competent for support of retaining system

FIGURE 2 ( NTS) ILLUSTRATION OF GABION WIRE BASKET TYPE SOIL RETAINING SYSTEM WITH GEOGRID REINFORCEMENT TIE BACK LAYERS Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa. Parkway File: 12290 Page 7 City of Niagara Falls, Regional Municipality of Niagara, Ontario January, 2013

Finished Ground Surface

Wood form to facilitate

placement of topsoil

and erosion blanket

Granular A

Uniaxial Geogrid, length back from slope face to be determined by design 0. 5 rn

150 mm Topsoil Granular A Limits Erosion blanket, wrapped I nn back from slope face

Granular A Uniaxial Geogrid, length 150 mm Topsoil back from slope face to be determined by design Overall design 0. 5 rn inclination of

slope face Granular A Limits

I F z

Erosion blanket, Biaxial Geogrid wrapped 1 rn back wrapped 1. 2 m back from slope face from slope face

Final design to set \the

desired slope inclination

FIGURE 3 ( NTS) — ILLUSTRATION OF TYPICAL DESIGN DETAIL FOR SLOPE REINFORCEMENT WITH GEOSYNTHETIC MATERIALS Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario Page 8 January, 2013

5. 0 CHANNEL CONDITIONS

The concrete channel of the watercourse is supported on the native silty clay and although the

concrete appears in sound condition and the flow is not impeded there is evidence that some scour and undermining of the concrete at the inlet and outlet ends ( refer to Photographs 3 and 4 in Appendix D) has occurred over the years. The silty clay is a fine grained soil with greater than 50 % of the soil particles passing the 0. 075 mm sieve and the majority of the particles being clay size. Soil erodibility can be assessed using the Wischmeier Nomograph [ 3] and for the soils at the site the soil erodibility factor (K) is less than about 0. 5 which relates to a soil with a moderate resistance to erosion. This is consistent with the evidence that there has not been extensive

progressive erosion under the concrete channel.

It is recommended that the voids under the concrete channel at the inlet and outlet ends of the culvert be filled with concrete ( 20 MPa nominal, 28 day strength) prior to proceeding with any channel improvements ( see Figure 4).

It is recommended that the creek bed upstream and downstream of the concrete lined culvert

section should be treated with channel protection to dissipate flow and reduce the erosion and

scour at the concrete lined channel section. The options for channel protection are rip -rap stone such as OPSS 1004 R -50 material, and rock filled Maccaferri gabion mats or an approved

alternate. The gabion mats are designed as a rock -filled cellular basket structures and the cost

effectiveness and application of the gabion mats should be reviewed with the supplier. All

proposed creek bed alterations should be undertaken in full communication and with the approval of the Niagara Peninsula Conservation Authority.

Line channel with Rip -rap or rock filled gabion baskets

Concrete channel of culvert Water flow Level of Concrete Mass Fill

r• r• }• r.r•r•r•r ^.^; i 11111 ° S• i•1 °S S' r•111r• r• :• 1 r•Sr.1 r•- r•:•111 r•1r; r; r• r•J t•r r r r r r r r r r r r r r r r a • 1111. 111 1 1111 11.J1.J1.r r1.r•11111111}r r r r r r r r r 1111 1 L r•r•r•r•r•r•r 1 1 '. 1, 1, 1. • r lrrr' J. J. J•Ji! %J J.•,%.A. J. Ja? l ! !J J. r• }• }•l l.: J r J rir r J r•J J,S+ lti J+J r Jr Jr r J l ! 9. 9..,. L. 1.•, °. ti• ti•..,.. c..• lti 11 4 r,,.• . l;T. J: r: J: J: r: l•1.J• 1. J•1. J•1. J.1. r•:•1. 1..,..,.r•:• J• r. r. r. r, J, J-J=1=.'= f' :f•J•J. J•f.f•J•!• f.l:J: J• J• J. J. 1. r•di } 1. 1. 1. 1. 1.'.. ti..,. L. 1. 1. 1. 1. 1. 1. 1. 1. ti. L..s..,. S, S.,,. ;. ti..•.... a..,. 1.. ti: b.., ti . 1. R...... °.... ti. ti..,. rr•r r•r•r- r -r r- -r r- r- r- r•r•r•r•r•r•r•r•r•r•r•r•r•r• r1.r1.r1.r1.r1.r1.r 1.r•yr• . y.r•1-r• 1.r•1.r•1.r•1.r 5.• 1. 1. 5. 1. 1. 1. 1. 1. 1. 1. 1,.,,.,: 1. 1: 1..,. 1. 1. 1..,..•. 1. 1..,. 1. 5 r• r•r•r• r• r• r• r• r•r• r•:• r• l•r• r• J• r•r• r•r• l r•• r•:•:•:•:• r•:•:•:• Jrr•J• r•r; r•r•r•r•r +r•r• i.1, 1.....1. 1 °•....1. }.1. 1. 1. 1. 1...... 1...... 1. 1. 1. 1. 1. 1. 1

Scour zone under concrete channel Native reddish -brown silty clay

Fill Scour zone under concrete channel with 20 MPa concrete

FIGURE 4 ( NTS) — ILLUSTRATION OF RECOMMNEDED CHANNEL ALTERATIONS Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara. Falls, Regional Municipality of Niagara, Ontario Page 9 January, 2013

6. 0 EXCAVATIONS

All temporary excavations and unbraced side slopes in the soils should conform to standards set out in the Occupational Health and Safety Act. The native silty clay is expected to be Type 2" soils according to the Occupational Health and Safety Act classification in Part III. Any fill or organic soils that may be encountered should be considered Type 3 to Type 4 soils which are characterized as previously excavated materials with a low degree of internal strength that can exhibit water seepage, saturation, and instability. In accordance with the Occupational Health and Safety Act, Paragraph 227 ( 3), the soil influencing the excavation must be classified as the type with the highest classification number. Excavation walls in soils that are characterized as Type 4 soils are required to be sloped back at 1 vertical to 3 horizontal from the bottom of the

excavation.

It should be possible to excavate the soils with a hydraulic backhoe. The stability of unbraced excavation walls is expected to be variable. The native very stiff silty clay soils should be stable 600 for short construction periods at slopes of about to the horizontal although wet and fractured soils may result in progressive sloughing to flatter slopes. For narrow excavation conditions in fill and organic soils, which cannot satisfy the Occupational Health and Safety Act requirements for unbraced side slopes, a trench box system should be used, or temporary shoring should be installed to maintain safe working conditions.

Groundwater seepage is expected to be variable and will depend upon the depth of the excavations, the time of year, and precipitation levels preceding construction that will also impact creek water levels. Water seepage in open cut excavations is expected below the watercourse water level. The seepage rate will depend upon the thickness and frequency of permeable layers and seams in the silty clay and whether there are sand layers connected to the water course. In general the silty clay is expected to have a low permeability. The details of the work and the scheduling of the work in the watercourse will require the approval of the Niagara Peninsula Conservation Authority. Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario Page 10 January, 2013

7. 0 SOIL MANAGEMENT CONSIDERATIONS

An environmental site assessment ( ESA) was not undertaken by Landtek Limited as part of the site investigation. Consequently, chemical testing of soil samples was not undertaken to classify the environmental properties of the soils. The chemical characteristics of the existing silty clay soils are not known although there was no obvious environmental issues based on visual and olfactory examination of the soil samples. If the contractor must dispose of excavated soils off site, the party responsible for the property receiving the soils may require chemical testing to be completed that meets site -specific soil quality criteria. Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario Page 11 January, 2013

8. 0 PAVEMENT REINSTATEMENT CONSIDERATIONS

The installation of soil retaining systems will involve excavation back into the road and therefore road restoration will be required. Given that Chippawa Parkway is a bituminous surfaced road that accommodates a low volume of mixed car and truck traffic and there is no indication that the existing road is a high volume heavy commercial truck route, the pavement reinstatement can consist of hot mix asphalt on granular base or a bituminous surface treatment on granular

base. The recommended asphalt pavement structure for reinstatement is given in Table 2. The City of Niagara Falls may, however, have a standard pavement section that is preferred for the class of road.

TABLE 2 RECOMMENDED PAVEMENT STRUCTURE FOR ROAD REINSTATEMENT

LAYERPAVEMENT RECOMMENDED PAVEMENT STRUCTURE

SURFACEASPHALT 40 mm OPSS HL 3

50 mm OPSS HL 8 BINDERASPHALT

GRANULARBASECOURSE 150 mm OPSS Gran. A SUBBASEGRANULARCOURSE 350 mm OPSS Granular B Type II

TOTALPAVEMENTTHICKNESS 590 mm

Granular Basecourse

The granular base course materials should meet OPSS Granular A specifications. Quarried 20

mm limestone, crushed to Granular °A" gradation specifications, is recommended.

Hot Mix Asphalt

The binder course asphalt should meet current OPSS specifications for HL 8 Binder Course. The surface course asphalt should meet OPSS specifications for HL 3 material. The asphalt

cement binder minimum grade should be PG 58 -28 for both the surface course and the binder

course asphalt.

Compaction

Hot mix asphalt should be compacted to the criteria set out in the OPSS paving specifications, which requires 93 percent of the Marshall Maximum Relative Density ( MRD). Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario Page 12 January, 2013

9. 0 CLOSURE

The Limitations of Report, as stated in Appendix A, are an integral part of this report.

Soil samples will be retained and stored by Landtek for a period of three months after the report is issued. The samples will be disposed of at the end of the three month period unless a written request from the client to extend the storage period is received.

trust this report will be of assistance with the preliminary design for the rehabilitation of the existing culvert. If there are any questions, please do not hesitate to contact the undersigned at the Landtek Limited offices.

Yours very truly,

LANDTEK LIMITED

R44 ss aro Q

W P. D. AIIDERSVI

Paul D. Anderson, P. Eng. Ralph DiCienzo, P.

PDAIpa Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara Ontario January, 2013

REFERENCES

1] Drift Thickness Series, Niagara and Niagara -on- the -Lake Area, Map P537 Rev., Ministry of Natural Resources, 1982

2] Quaternary of the Niagara Area, Map P764, Ontario Division of Mines, 1972

3] Drainage Section, Ontario Ministry of Transportation Pavement Design and Rehabilitation Manual, SDO- 90 -01, 1990

Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls Regional Municipality of Niagara, Ontario January, 2013

APPENDIX A LIMITATIONS OF REPORT

The conclusions and recommendations given in this report are based on information determined at the borehole locations. Subsurface and ground water conditions between and beyond the boreholes may be different from those encountered at the borehole locations, and conditions may become apparent during construction that could not be detected or anticipated at the time of the geotechnical investigation. It is recommended practice that Landtek be retained during construction to confirm that the subsurface conditions throughout the site are consistent with the conditions encountered in the boreholes.

The comments made in this report on potential construction problems and possible remedial methods are intended only for the guidance of the designer. The number of boreholes may not be sufficient to determine all the factors that may influence construction methods and costs. For example, the thickness of surficial topsoil or fill layers may vary markedly and unpredictably. Contractors bidding on the project, or undertaking construction on the site should make their own interpretation of the factual borehole information, and establish their own conclusions as to how the subsurface conditions may affect their work.

The survey elevations in the report were obtained by Landtek Limited or others, and are strictly for use by Landtek in the preparation of the geotechnical report. The elevations should not be used by any other parties for any other purpose.

This report was prepared for the City of Niagara Falls and their designated design consultant. Use of this report by another party, or any reliance on or decisions to be made based on it, are the responsibility of such parties. Landtek Limited accepts no responsibility for damages, if any, suffered by any other party as a result of decisions made or actions taken based on this report.

This report does not reflect environmental issues or concerns related to the property unless otherwise stated in the report. The design recommendations given in the report are applicable only to the project described in the text and then only if constructed substantially in accordance with the details stated in this report. Since all details of the design may not be known, it is recommended that Landtek Limited be retained during the final design stage to verify that the design is consistent with the report recommendations, and that the assumptions made in the report are still valid. Proposed Cabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls Regional Municipality of Niagara Ontario Januaryx 2013

APPENDIX B

SYMBOLS AND TERMS USED IN THE REPORT

AND

CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls Regional Municipality of Niagara, Ontario January, 2013

APPENDIX B SYMBOLS AND TERMS USED IN THE REPORT

ORGANIC CLAY SILT SAND GRAVEL FILL SOIL PEAT TILL SHALE LIMESTONE

iJv*v

RELATIVEPROPORTIONS CLASSIFICATION BY PARTICLE SIZE

Term R,ange Boulder ------>200 mm Cobble ------80 mm —200 mm Trace 0- 5% Gravel - Coarse ------19 mm -- 80 mm LittleA 5- 15% Fine ------4. 75 mm — 19 mm Sand - Some 15- 30% Coarse ------4. 75 mm —2 mm Medium ------2 mm — 0. 425 mm With 30- 50% Fine ------0. 425 mm — 0. 75 mm Silt ------0. 075 mm — 0. 002 mm Clay ------<0. 002 mm

OFNONDENSITYCOHESIVE - SOILS

TermDescriptiveRelative Density Standard Penetration Test

VeryLoose 0- 15% 0 - 4 Blows Per 300 mm Penetration Loose 15- 35% 4- 10 Blows Per 300 mm Penetration Compact 35- 65% 10- 30 Blows Per 300 mm Penetration Dense 65- 85% 30- 50 Blows Per 300 mm Penetration VeryDense 85- 100% Over 50 Blows Per 300 mm Penetration

OFCOHESIVECONSISTENCYSOILS

UndrainedShear Strength N Value Standard DescriptiveTerm kPa sf) Penetration Test Remarks

Very Soft < 12 (< 250) < 2 Can penetrate with fist Soft 12 — 25 ( 250 -- 500) 2- 4 Can indent with fist Firm 25 — 50 ( 500 —1000) 4- 8 Can penetrate with thumb Stiff 50 — 100 ( 1000 — 2000) 8- 15 Can indent with thumb Very Stiff 100 — 200 ( 2000 —4000) 15- 30 Can indent with thumb -nail Hard > 200 (> 4000) > 30 Can indent with thumb -nail

Notes: 1. Relative density determined by standard laboratory tests. 2. N value — blows/ 300 mm penetration of a 623 N ( 140 Lb.) hammer falling 760 mm ( 30 in.) on a 50 mm O. D. split spoon soil sampler. The split spoon sampler is driven 450 mm ( 18 in.) or 610 mm ( 24 in.). The " N" value is the Standard Penetration Test (SPT) value and is normally taken as the number of blows to advance the sampler the last 300 mm. Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway, Niagara Falls, Ontario File: 12290

APPENDIX B continued, CLASSIFICATIONOF SOILS FOR ENGINEERING PURPOSES ASTM Designation: D 2487 - 69 AND D 2488 —69 Unified Soil Classification System)

GroupDivisionsMajor Typical Names Classification Criteria Symbols

Well- graded and C„= D601D10 greater than 4; GW gravel -sand mixtures, little or no fines C = ( D30) 21( D10060) between 1 and 3

graded gravels Clean Poorly GP and gravel -sand Not meeting both criteria for GW gravels mixtures, little or no fines Gravels 50%or GM Silly gravels, gravel- Atterberg limits plotting in hatched area are moreof sand -silt mixtures below "A" line or borderline classifications requiring use of coarse P. I. less than 4 dual symbols fraction Classification on of Gravelsretained basis gravel- limits GC Clayey gravels, percentage of Atterberg 4No.onwith sand -clay mixtures fines above " A" line sievefines Less than 5% with P. I. greater than 7 pass No. 200 sieve...... Well- graded sands and GW, GP, SW, C.= D601D10 greater than 6; SW gravelly sands, little or SP no fines C = ( D30) 21( D10xD60) between 1 and 3 More than 12% Clean graded sands pass No. 200 Sands Poorly GM, SPCoarse-and gravelly sands, little sieve ..... Not meeting both criteria for SW Sandsgrained or no fines GC, SM, SC Moresoils thanMore 5 to 12 % pass SM Silty sands, sand -sift Atterberg limits Atterberg limits plotting in hatched area are 50thanof % No. 200 sieve ... mixtures below "A" line or borderline classifications requiring use of coarse 50% P. I. less than 4 dual symbols retainedfraction Borderline

No.onSandspasses classifications Sc Clayey sands, sand -clay Atterberg limits 200No.4with requiring use of mixtures above " A° line finessieve dual symbols with P. I. greater than 7

Inorganic , very fine Plasticity Chart ML sands, rock flour, silty or clayey fine sands For classification of fine -grained soils and fine fraction of coarse - grained soils. Atterberg limits plotting in hatched area are classifications use of dual symbols. Inorganic clays of low to borderline requiring Equation of A -line: PI =0. 73 ( LL -20) CL medium plasticity, gravelly clays, sandy clays, silts Siltsandclays UV Liquidlimit50or % Organic silts and less OL organic silts of low plasticity

Pla Inorganic silts, Index micaceous or MH diatomaceous fine sands or silts, elastic OH a d MH silts

CL CH Inorganic clays of high

I 7z plasticity, fat clays

ML aiid OL Organic clays of SiltsandclaysFine- OH medium to high Liquidlimitgreatergrained 10 20 30 40 50 60 70 80 90 100 50%thansoils plasticity 50%or Liquid Limit more passes Peat, much and other Based on the material passing the 3 in. ( 76mm) sieve. 200No. Pt highly organic soils sievesieveHighly soils Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 12290 City of Niagara Falls, Regional Municipality of Niagara, Ontario January, 2013

APPENDIX C

DRAWING 1, SITE PLAN SHOWING BOREHOLE LOCATIONS

LOGS OF BOREHOLES 1 & 2 Project Site

E,

Kin Wit % Tent andWs T- 4.. P- 1,

1, N

Key Plan

J*

381W rx

A B 04

IeBH 2

LEGEND:

Boreholes. by Landtek Limited on December 19, 2012.

Notes:

1. Borehole locations are considered approximate.

LANOTEIC LIMITED CONSULTING ENGINEERS 205 NEBO ROAD, HAMILTON, ONTARIO, L81N 2E1

DRAWING: Borehole Location Plan

PROJECT: Gabion Wall Rehabilitation Chippawa Parkway, Niagara Falls, Ontario.

SCALE: NTS PROJECT NO. 12290

DATE: January, 2013 DRAWING NO. 1 LANDTEKLIMITED LOG OF BOREHOLE NO. 1

No.:Project12290 Drill Date: December 19, 2012

GabionProject:WallRehabilitation Drill Method: [ x] solid stem [ ] hollow stem [ ] vibratory Parkway,Location:NiagaraChippawaFalls, Ontario Datum: Geodetic

SPT " N" Value Soil Moisture ( ° / ©} n Elev. Samples E J o w MaterialDescriptionE m E m Test Data Depth ND. Type C7 D 25 50 75 100 0 25 50 2 o

175. 4 Moist BIRD 0.0 mmBituminoust75Material

Granular530mm 0. 5 FILL siltyclay,mottledsomeorganic 1 55 1 -° greyinclusions,brown/moist,t`.r 2092 174. 0

1. 4 1 5

2 SS 9. 2. 092

2. 0

2 113 3 SS 2. 5 SILTYCLAY gravel layered,siltpartings,some 3. 0 brownreddishsizes,moist, - 4 ss 1 4[. Stiff} 2. 079 Very 3. 5

4. 0

4. 5

2. 156 5 SS 205 170.4 5. 0

BOREHOLETERMINATED5. 0

6. 5

7. 0

7. 5

6. 5

9. 0

9. 5

10.0

10. 5

11. 0 t Ail

Notes:1.Onboreholecompletion, open to 4. 6 m and dry. LAP40TEK LIMITED 205 Nebo Road, Unit 3 Hamilton, Ontario, Canada, L8W 2E1

PPTGVpockettotalpenetrometercombustible =vapour = BRD = bulk relative density Ph: ( 905) 383 -3733 Fax, ( 905) 383 -8433

vane vane VS = vane www. landteklimited. com plasticitylimitLLliquidPLplasticindexPI = == , FV = field LV = lab sensitivity I LANOTEKLIMITED LOG OF BOREHOLE NO. 2

ProjectNo.:12290 Drill Date: December 19, 2012 ore Parkway,Location:ChippawaNiagaraFalls, Ontario iDatum: Geodetic SPT " N" Value Soil Moisture I P MaterialDescription

0 25 50 75 100 0 25

75BituminousMaterialmm

Granularmm

FILL...... clay,siltysomeorganicmottled e greyinclusions,brown/moist,NJ 11'

7- 7- 7 OHIO SILTYCLAY7- 7- 7 WM

7-:- layered,siltpartings,somegravel 2. 146

7 brownsizes,moist,reddish- Hard)toStiff MM

BOREHOLETERMINATED ill u

Notes:1.Onboreholecompletion, open to 4. 6 m and dry. Proposed Gabion Wall Rehabilitation, Welland River Culvert on Chippawa Parkway File: 42290 City of Niagara Falls, Regional Municipality of Niagara, Ontario January, 2013

APPENDIX D

PHOTOGRAPHS OF TYPICAL SITE CONDITIONS Photograph ##1 View Looking East At Gabion Wall on North Side of Roadway

Photograph #2 View of South Outlet End of Culvert Showing Gabion Basket Wall Photograph # 3 View of South Outlet End of Culvert Showing Erosion & Loss of Ground Under Concrete Channel

Photograph # 4 Close -up View of Outlet End of Culvert Showing Erosion of Soil Under Edge of Concrete Channel Photograph # 5 View of Inlet End of Culvert With Gabion Basket Retaining Wall

Photograph # 6 View of Gabion Basket Retaining Wall Along South Side of Roadway

LANOTEK LIMITED

Date: I January, 2013 I Project No. 12290 Gabion Wall Rehabilitation Project: Chippawa Parkway Culvert Niagara Falls, Ontario

Title: Photographs of Typical Site Conditions

APPENDIX B Information for Contractors Performing Work on the Niagara Falls Drinking Water System APPENDIX B Performing Work on the Niagara Falls Drinking Water System

INFORMATION TO CONTRACTOR

Performing Work on the Niagara Falls Drinking Water System

In 2002, the Safe Drinking Water Act came into force, and changed how drinking water is tested, monitored and regulated in the Province.

Part of the SDWA requirements, is that all municipalities in the province must obtain a Municipal Drinking Water Licence for their drinking water system. In order to obtain a licence, all municipalities in the province are required to implement a quality management system (QMS) for their drinking water departments, in accordance with the Drinking Water Quality Management Standard. The City of Niagara Falls was required to apply for their licence and submit evidence of having implemented a QMS (by submitting an Operational Plan) by May 1, 2009 – and on September 9, 2009, the City received its Municipal Drinking Water Licence.

Section 5.1 of the City‟s licence it states that: The owner and operating authority shall ensure that any person authorized to carry out work on or to operate any aspect of the drinking water system has been informed of the SDWA, all applicable regulations made in accordance with that act, the drinking water works permit and this licence, and shall take all reasonable measures to ensure any such person complies with same.

Therefore, to ensure the City can demonstrate that contractors who perform work on the distribution system have been informed; contractor personnel must review the following information.

Who can operate the drinking water system? Section 12(1) of the SDWA specifies that only persons holding a valid Operator‟s Certificate can „operate‟ a municipal system.

The following activities are considered „Operating Functions‟ and therefore require a Certified Operator:  Open and close valves and gates  Isolate watermains and reconnect isolated watermains  Flush hydrants  Conduct water tests for the 24 operational parameters listed under O.Reg. 248/03 (i.e. testing for chlorine residual, turbidity, pH)  Control flow or pressure of drinking water in drinking water subsystems  Disinfect or treat water using chemicals  Monitor gauges, meters and control valves related to distribution of drinking water  Add chlorine or other chemicals to the distribution system  Perform wet-taps

1 of 3 APPENDIX B Performing Work on the Niagara Falls Drinking Water System

Note: The above list is NOT considered to be exhaustive. Tasks that impact drinking water quality may also require a valid Operator‟s Certificate. Contact the Ministry of Environment for additional information.

Therefore, contractor personnel are not allowed to perform any of the „Operating Functions‟ listed above. If in doubt, check with the Municipal Inspector or Environmental Services Water Operator before performing a task.

Are there any special conditions/instructions etc. to be considered during water appurtenance installation? It is important to note that under Section 20(1) of the SDWA: No person shall cause or permit any thing to enter a drinking water system if it could result in: a) a drinking water health hazard b) a contravention of a prescribed standard; or c) interference with the normal operation of the system

Therefore Contractors should take all reasonable precautions to ensure that nothing enters the watermain during construction that could cause any of the above issues to occur (i.e. taking care to ensure the watermain remains as clean and debris-free as possible during construction, using only approved products during construction (i.e. if have to grease joints – must use a food-grade product)). This clause also means that authorized City staff will be examining the watermain construction on a regular basis to ensure compliance.

During Water Appurtenance Commissioning

According to the City‟s Drinking Water Works Permit, Section 2.3: All parts of the drinking water system in contact with drinking water which are: 2.3.1 Added, modified, replaced, extended; or 2.3.2 Taken out of service for inspection, repair or other activities that may lead to contamination shall be disinfected before being put into service in accordance with the provisions of the AWWA C651 – Standard for Disinfecting Water Mains.

Moreover, Section 10 of the City‟s licence states, in part, that: 10.1 Nothing in this licence or the drinking water works permit shall be read as to permit: 10.1.1 The discharge of a contaminant into the natural environment that causes or is likely to cause an adverse effect 10.1.2 The discharge of any material of any kind into or in any waters or on any shore or bank thereof or into or in any place that may impair the quality of the water of any waters.

2 of 3 APPENDIX B Performing Work on the Niagara Falls Drinking Water System

10.2 All reasonable steps shall be taken to minimize and ameliorate any adverse effect on the natural environment or impairment of the quality of water of any waters resulting from the operation of the drinking water system including such accelerated or additional monitoring as may be necessary to determine the nature and extent of the effect or impairment.

This means that, during the flushing of the watermain during and/or after disinfection – the waste water cannot be discharged into a storm sewer or onto land where it may enter a storm sewer or ditch, without be treated to eliminate the chlorine and reduce the toxicity. Even treated water from the existing distribution system cannot be “wasted” without treatment to eliminate the chlorine.

Summary The Municipal Drinking Water Licensing program is new. Therefore, our expectations may seem “higher” than other municipalities, or even from other projects previously completed in Niagara Falls. However, as more and more municipalities receive their licences), the general conditions will be identical from municipality to municipality – this process has created consistent “rules” for all municipalities, which should make it easier for contractors to work at different municipalities as the general “rules” will be the same.

You are expected to ensure your staff on-site are aware of these requirements, as well as any sub-contractors that will have contact with the drinking water system. City Staff is willing to attend on site to answer questions or go over the above information with your staff.

This is a new process for all, any comments you can provide that can improve this process is greatly appreciated.

3 of 3 APPENDIX C Record of Review APPENDIX C Record of Review

CONTRACTOR ACKNOWLEDGEMENT

Record of Review

Project Name:

Contract No.:

Contractor: (Company Name)

As an authorized representative of the Contractor, I confirm that I have read and understand the terms and conditions outlined in Appendix B - ‘Performing Work on the Niagara Falls Drinking Water System’ and further acknowledge my responsibility to ensure that all work performed on this project by my company or by a sub-contractor will be in compliance with the Safe Drinking Water Act (SDWA) and meet the quality requirements set out by the City of Niagara Falls.

Dated this day of, ______, 20 .

______Name & Title of Authorized Person Signing for Company (please print)

______Signature

1 of 1 APPENDIX D Disability and Human Rights Training Pamphlet