The Corporation of the Municipality of Purchasing Office

Request for Tender CL2020-21 Valley Trail Extension

Date of Issue: September 1, 2020 Issued by: Sandra McKee Telephone: 905-623-3379 Ext. 2210

Closing Date: September 23, 2020 Closing Time: 2:00:00 p.m. Local Time Please submit your bid for the Bowmanville Valley Trail Extension in accordance with this Document’s specifications.

GRAND TOTAL $______(transferred from Form of Tender, pg. 90)

NOTICE TO VENDORS - Site Meeting: September 15, 2020 at 10:00 a.m. refer to Item 1.4 - Bids not signed will be rejected - Erasures and / or noticeable changes must be initialled by the Bidder - Bidders must not include restrictive or conditional statements to alter the format or intent of this Tender - Tenders must be returned on the forms provided, in accordance to directions as noted in item 1.6. Emails to be clearly marked as to contents and received, prior to the Closing Time and Date, failure to adhere will result in bid rejection. - The lowest or any Tender not necessarily accepted. - This document may contain information that is not accessible due to software limitations. If you require this information in an accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Bidder Name & Address:

Please return this cover sheet with your submission. The Municipality of Clarington – Purchasing Office CL2020-21 – Bowmanville Valley Trail Extension

Table of Contents

1. Instruction to Bidders ...... 3 2. Special Provisions – General ...... 15 3. Special Provisions – Tender Items ...... 34 4. Standard Terms and Conditions ...... 76 5. Form of Tender ...... 89 Appendix 5.1 - Bidder’s Reference Form ...... 92 Appendix 5.2 - Contractor AODA Compliance Sign-off ...... 94 Appendix 5.3 - Contractor Safety - Policy and Procedure ...... 95 Appendix 5.4 – Standard Drawings ...... 102 Appendix 5.5 – Contract Drawings ...... 104 Appendix 5.6 – Standard Specifications ...... 105 Appendix 5.7 – OPS General Conditions of Contract (November 2018) ...... 106 Appendix 5.8 – Agreement to Bond ...... 107 Appendix 5.9 – CN Rail Permit Application ...... 108

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1. Instruction to Bidders

1.1 Intent The Municipality of Clarington (Municipality) is seeking a qualified company to complete the construction of approximately 600 m of new paved multi-use trail in Bowmanville (referred to as the “Bowmanville Valley Trail Extension”). The new trail will extend south from the existing trail at Baseline with a pedestrian crossing at Baseline Road and crossings under both the Ministry of Transportation (MTO) 401 corridor and Canadian National Railway (CNR) corridor to connect to the existing trail stub 60 m north of the Waterfront Trail (WFT). Provide your best competitive price to meet the requirements of this document. Pricing submitted must include all labour, materials and equipment to complete the work in accordance to all terms, conditions and specifications contained The proposed work will be phased to minimize the area of disturbance, allow for dewatering and flow management, and to minimize the duration of time required to complete works.

1.2 Location The work is located within the Municipality of Clarington at the following locations: • valley land from Baseline Road south to the Waterfront Trail. Including access routes from Baseline Road and Bowmanville Avenue as shown on the Contract Drawings.

1.3 Bidder Registration All Bidders wishing to submit a bid must ensure that they have registered with the Purchasing Office as a document taker. By registering and downloading the document your Company will be added to the list of Document Takers and will be notified of Addendum as they are posted. Note: If your Company has downloaded this document from the Municipality’s website your firm is a registered document taker.

1.4 Site Visit A non-mandatory site meeting is scheduled for Tuesday, September 15, 2020 at 10:00 a.m. Bidders wishing to view the site are to meet at the west side of TSC Store parking lot at 95 Baseline Road West. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site(s) which were visible or reasonably inferable prior to the closing date.

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Instruction to Bidders - continued 1.5 Bidders to Investigate Bidders must satisfy themselves by personal examination of the site and by such other means as they may prefer as to the actual conditions and requirements of the work. The Bidders shall carefully examine all plans and profiles so that the prices tendered are commensurate with the nature of the work. It shall be the Bidder’s responsibility to thoroughly inspect the site of the proposed works, determine the location of any buried or obstructing services and make satisfactory arrangements to prevent interference with such service with the proper jurisdictional agency.

1.6 Tender Delivery and Opening For this Request for Tender the Municipality shall ONLY accept ELECTRONIC BID SUBMISSIONS submitted via email to [email protected]. Proposals submitted and/or received by any other method shall be rejected. The onus is on bidders to ensure their electronic bid submission is received no later than the stipulated closing date and time. Bidders are cautioned that the timing of their bid submission is based on when the bid is RECEIVED by the Municipality’s email system and NOT when the bid is emailed by a Bidder, as bid transmission can be delayed in an “Internet Traffic Jam” due to file transfer size, transmission speed, or other technical factors. For the above reasons, the Municipality recommends that the Bidder allow sufficient time to transmit their bid submission and attachment(s) (if applicable) and to resolve any issues that may arise. How to Submit a Bid Electronically i. Bidders must complete the tender forms included within the tender document. ii. Once all forms have been completed and signed, Bidders are to scan and submit the scanned documents along with the completed Form of Tender in excel format via email to [email protected]. The email subject must reference CL2020-21- Bowmanville Valley Trail Extension. Note: there is a size limit for emails received by the Municipality of 35MB. The noted 35 MB includes formatting, images, attachments, etc. iii. The Municipality’s email system will send a confirmation email to the Bidder advising that their bid was received successfully. Bidders should not consider their Bid to have been submitted until they have received the confirmation e-mail. Note: It is the Bidder’s responsibility to ensure that all required documents have been scanned and provided as part of the emailed submission. iv. Only bid documents posted on the Municipality’s Bid opportunity website Page 4 of 108

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Instruction to Bidders - continued are to be considered the “official” documents. The Municipality accepts no responsibility for the accuracy of information found on other websites. Bid results will be posted on the Clarington Bids and Tenders website. Bids will be received at: [email protected] Until the specified closing time and date of: 2:00:00 p.m. Local Time September 23, 2020 Any Tender received after the deadline for submission will be considered as non- compliant. For a Tender to be valid the said Tender must have entered the Municipality’s email system by the submission deadline. The onus unequivocally remains with the Bidder to ensure that Tenders are received by the Municipality before the deadline of submission, in accordance with the submission instruction. The Municipality shall not be liable for any cost of preparation or presentation of Tender, and all Tenders and accompanying documents submitted by the Bidder become the property of the Municipality and will not be returned. There will be no payment to Bidders for work related to and materials supplied in the preparation, presentation and evaluation of any Tender, nor for the Contract negotiations whether they are successful or unsuccessful.

There will be no public opening for this tender. The bid results will be posted and available on the following website: https://clarington.bidsandtenders.ca/Module/Tenders/en after the closing.

1.7 Agreement to Bond All Tender submissions shall be accompanied by an Agreement to Bond. The bidder is to use the form noted in Appendix 5.5 or a similar form containing terms satisfactory to the Municipality’s Treasurer. The Agreement to Bond must be issued by a reputable surety company authorised to transact business in the Province of Ontario.

1.8 Performance Surety The successful Bidder is required to provide a Performance Bond, and a Labour and Material Payment Bond, each in an amount equal to 100 percent of the Total Tender Amount, to guarantee his faithful performance of this Contract and his fulfillment of all obligations in respect of maintenance and payment for labour and materials used on this work.

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Instruction to Bidders - continued Each Bond shall be with a satisfactory Guarantee Surety Company, resident in Canada or authorized to carry on business in Canada. By way of submission you are acknowledging that you are able to provide the above bonding if awarded the Contract. This Surety may be held by the Municipality until 90 days after the day on which all work covered by the Contract has been completed and accepted or the warranty has expired, whichever is the longer. The surety may be returned before the 90 days has elapsed providing satisfactory evidence is provided that all liabilities incurred by the Contractor in carrying out the work have been satisfied and that all liens have expired or have been satisfied, discharged or provided for and that a Clearance Certificate from the Workplace Safety Insurance Board (WSIB) is provided.

1.9 Communication

1.9.1 All inquiries and other communications with the Municipality about this Tender throughout the bid period are to be directed ONLY to Sandra McKee, Assistant Purchasing Manager. If the aforementioned is unavailable, please contact David Ferguson, Purchasing Manager. Non-compliance with this condition during the bid period may (for that reason alone) result in disqualification of the bidder’s offer.

Person to Contact:

Primary Contact Secondary Contact

Sandra McKee David Ferguson Assistant Purchasing Manager Purchasing Manager

T: 905.623.3379 Ext 2210 T: 905.623.3379 Ext 2209 E: [email protected] E: [email protected]

1.9.2 Bidders shall report all discrepancies, omissions, errors, departures from codes or good practice and points considered to be of dubious intent, so that the Municipality may, if desirable, issue instructions by Addenda before Tender Closing Date. The Municipality will not be responsible for any oral instructions.

1.9.3 Clarification requested by Bidders must in writing not less than four (4) business days before the date set for the closing date.

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Instruction to Bidders - continued 1.10 Addenda

1.10.1 Addenda, if required, issued by the Purchasing Office and related to this Contract shall hereby form part of the Contract. Acknowledgement of addenda on the Form of Tender shall indicate that the Bidder has received the addenda in its entirety, has read and understood the content, and all addenda were considered when the bid was prepared. Submissions which do not provide evidence of receipt of addenda as required in each document may be rejected by the Municipality as non-compliant.

1.10.2 The Municipality will attempt to email any addendum to the registered bidders for a particular bid, all bidders are to note that any addenda to any Tender/Formal Quotation or RFP will be posted on the Municipal website (https://clarington.bidsandtenders.ca/Module/Tenders/en). It is the bidder’s responsibility to check the website for any addenda. To find the addendum for any particular bid, access the website, locate the applicable Tender/RFP/Quote and click on the addendum to download for your records and for submission with your bid.

1.11 Quantities The quantities specified in this Tender are estimated requirements only and are furnished without liability to the Municipality and shall be used as a basis for comparison only. Should actual quantities during the duration of the Contract increase or decrease, the unit prices shall remain the same. Payment will be based on actual goods/services received and accepted by the Municipality of Clarington.

1.12 Preparation of Bids All Bids must be submitted on the supplied Form of Tender. The Bid must be signed by a designated signing officer of the Bidder. Completion of the Form of Tender as supplied is mandatory. By submitting a signed Bid, the Bidder acknowledges that they have read, understand and accept the terms and conditions and instructions of this Tender in full.

1.13 Taxes It is a requirement of the Tender that the Harmonized Sales Tax (HST) be shown as a separate item on the Form of Tender. All Bidders are to provide their Harmonized Sales Tax (HST) registration number on the Form of Tender.

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Instruction to Bidders - continued 1.14 Mathematical Errors In the event of mathematical errors found in the Form of Tender, the unit prices quoted shall prevail. Extensions and the total will be corrected accordingly and adjustments resulting from the correction will be applied to the total bid price quoted. In the event there is a discrepancy between the total price quoted on the Form of Tender and the price on the front cover, the price shown in the Form of Tender shall prevail.

1.15 Acceptance of Tender Tenders will be open for acceptance for a period of ninety (90) days after the closing date. After this time elapses, the Tender may only be accepted with the consent of the successful bidder.

1.16 Right to Accept or Reject Tenders Tenders which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, may be rejected. The Municipality reserves the right to reject any or all tenders or to accept any tender should it be deemed to be in its best interest to do so. Each item on the Tender Form shall include a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Municipality and the Contract Administrator will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Municipality.

1.17 Negotiation (Pre-Contract Award) If the event that all bids submitted exceed the Municipality’s budget for the project, the Municipality may negotiate changes in the scope of work to a value not to exceed fifteen (15%) percent with the Bidder submitting the lowest acceptable bid. Where included in the bid, unit prices shall be used to achieve the reduction. If a unit price is not provided, said change will be negotiated between the successful Bidder and the Purchasing Manager and will be based on similar prices contained in the bid, the nature and scope of work, material required and hourly rate. If the negotiations fail to produce a Bid Price acceptable to both parties, or if, in the first instance, the changes contemplated result in a value in excess of 15% of the Bid Price and the Municipality wishes competitive prices thereon, the Bid Documents and the Contract Documents will be amended by the Municipality and invitations to re-bid will be restricted to the bidders who submitted the three (3) lowest acceptable bids on the original bid call.

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Instruction to Bidders - continued 1.18 Tender Award The Municipality intends to award the contract to one bidder; however, the Municipality reserves the right to award the Tender in part or in whole or to split Items specified between one or more bidder. The Municipality is not bound to accept the lowest of any tender. The successful Bidder shall execute the Contract Documents (if required) and furnish the required documents (insurance, WSIB and bonding) within 10 calendar days of receipt of notification of award. Failure by the successful Bidder to meet the above requirements will entitle the Municipality to cancel the award of the Contract and to retain the tender deposit as compensation for damages sustained due to the successful Bidder’s default. The Municipality may then award the Contract to one of the other Bidders or take such other action as it chooses.

1.19 Budget Approval Award of this Tender is subject to Council Approval and funds being available within the Capital and/or Operating budgets.

1.20 Legal Requirements No contract shall be awarded to any person or corporation or any affiliate, subsidiary or related person thereto who, or which, has a claim or has instituted a legal proceeding against the Municipality of Clarington or against whom the Municipality of Clarington has a claim or has instituted a legal proceeding with respect to any previous contract.

1.21 Public Liability The successful Bidder will indemnify and save harmless the Corporation of the Municipality of Clarington from all loss or the payment of the sums of money by reason of all accidents, injuries or damages to persons or property that may occur in connection therewith. A certificate of insurance (third party) must be provided to the Municipality of Clarington, in the amount of no less than $10,000,000.00 (ten million dollars) Commercial General Liability naming the Municipality of Clarington as additional insured. Refer to Item 24 Insurance – Standard Terms and Conditions. Any damages to any or all properties as a result of the work performed by the Successful Bidder will be repaired at the expense of the Bidder to the satisfaction of the Municipality’s Representative or their delegate. The Bidder shall maintain and pay for Automobile Liability insurance in respect to licensed company vehicles and shall have limits of no less than $5,000,000.00

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Instruction to Bidders - continued (five million dollars) inclusive per occurrence covering all licensed vehicles owned or leased by the Bidder.

1.22 Additions or Deletions Without invalidating the contract, the Municipality may add or subtract to the contract in an amount not exceeding fifteen (15%) to adjust the actual work performed. Adjustments will be based on the unit prices bid. If a unit price is not provided for the added work described, said unit price will be negotiated between the successful Bidder and the Purchasing Manager and will be based on similar prices contained in the bid, the nature and the scope of work, material required and hourly rate. The Municipality shall have the right, which may be exercised from time to time, to cancel an uncompleted or unperformed portion of the work or part thereof.

1.23 Sub-Contracting The General Contractor (Bidder) must supervise their sub-contractors. The General Contractor will be expected to complete at least 25% (twenty-five percent) of the work requirements. The Bidder must provide a list of any proposed subcontractors required to complete the project requirements. If a subcontractor(s) changes after the contract award the Municipality must be advised and authorize the change prior to the subcontractor beginning any work on site.

1.24 Contractor Ability The Municipality reserves the right to reject any tender where satisfactory evidence of sufficient capital, plant and experience to successfully prosecute and complete the work in the specified time, is not furnished by the Bidder.

1.25 Experience of Bidder Bidders shall provide three references of similar work completed by the Bidder within the last five years. The references shall demonstrate to the Municipality’s satisfaction that the Bidder has successfully completed similar work in the past. The Municipality reserves the right to contact any or all references to verify this condition has been meet.

1.26 Character of Workers

1.26.1 The reference to “workers” refers to workers of the Bidder and includes Corporate Officers.

1.26.2 The Bidder (Contractor) agrees to employ only orderly, competent, and skilful workers. Whenever the Municipality informs the Contractor in writing that any worker is, in its opinion, incompetent, unfaithful or disorderly, the

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Instruction to Bidders - continued Bidder will ensure that the worker in question is removed from the work and shall not be further employed on the Contract with the Municipality’s written consent.

1.27 Workmanship The quality of all materials and service provided shall be first class in every respect and will be subject to the approval of the Director of Engineering Services or their designate. The Municipality reserves the right to call in an alternate contractor, at any time throughout the duration of this contract, should the materials and/or service not be satisfactory. In the event of a disagreement between the Municipality’s representative and the successful Bidder as to the required work or level of work to be performed, the Municipality’s representative’s decision will be deemed to be final.

1.28 Incomplete Work The Municipality reserves the right to have the work completed by others in the event that the successful Bidder fails to complete the specified work within the time frame stated on the Form of Tender.

1.29 Property Damage Any damage to private or municipal property resulting from the required work will be remediated by the Bidder at their cost. Such remediation will include, but is not limited to, importation and spreading of clean fills for any pits, holes or ruts sufficient to leave the property in a clean, level and graded condition.

1.30 Safety The Bidder shall obey all Federal, Provincial and Municipal Laws, Acts, Ordinances, Regulations, Orders-in Council and By-Laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Bidder. Without limiting the generality of the foregoing, the Bidder shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Bidder’s obligations under this Contract. The successful bidder will be required to submit a work plan that outlines how the company plans to address COVID-19 physical distancing and personal hygiene recommendations for their employees, Clarington staff, their suppliers and subcontractors and the public.

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Instruction to Bidders - continued 1.31 Working Heights Where any work involves a worker being exposed to a fall hazard, that work must be carried out in accordance with the Construction Regulations for Ontario (Ontario Regulation 213/91), as well workers required to work at heights must be trained in accordance with the most current “Working at Heights” training requirements of Ontario Regulation 297/13.

1.32 Confined Space Where work involves a worker entering into a confined space, that entry must be carried out in accordance with the most recent version of Ontario Regulation 632/05 – Confined Spaces. This would require all workers entering into and/or working within a confined space to be trained in accordance with that regulation.

1.33 Energy Control Where work involves Lockout Tagout and/or the Control of Hazardous Energy the Contractor must ensure safe work procedures are followed in accordance with the Occupational Health & Safety Act and all applicable Regulations that provides protection to their workers that is equal to or greater than Clarington’s Health & Safety Policy H-27 “Control of Hazardous Energy – Lockout and Other methods”.

1.34 Invoices Invoices must at minimum include the following: • Invoice date and number • Contract number/Purchase Order Number, Complete with contract price • HST Registration Number Invoices must be submitted to the following address: 40 Temperance Street, Bowmanville, ON, L1C 3A6 Attention: Purchasing Division Or Email: [email protected]

1.35 Payments Progress certificate payments shall be submitted once per month, the Contractor and the Project Architect/Coordinator shall agree and failing agreement, the decision of the Project Architect/Coordinator shall govern, on the approximate amount of work done and material furnished and of the value thereof according to the terms of the Contract. The date of this determination shall be known as the "measurement date".

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Instruction to Bidders - continued A progress certificate shall be prepared by the Project Architect/Coordinator based on the work completed on each measurement date and shall be of the amount, quantity and value of the work done since the Bidder commenced the performance of this Contract less all stipulated forfeitures and deductions. Payments to the Contractor will be in keeping with the terms of the Construction Act. Note: The Municipality of Clarington is implementing an electronic funds transfer (EFT) system for its vendors. To obtain an application please contact: Accounts Payable Municipality of Clarington – Finance Department 40 Temperance Street Bowmanville, ON L1C 3A6 905-623-3379 ext.2612 [email protected] Final payment for work completed under this Contract will be based on final measurements and quantities mutually agreeable to the Municipality of Clarington and the successful Bidder, in the absence of such an agreement, the decision of the Municipality’s Project Manager shall be final. Final payment measurements and quantities will also be subject to adjustments resulting from final audits by the Municipality and / or other agencies providing full or partial funding for the cost of the project. The Municipality will consider offers of early payment discount terms. Discounts will only be taken when early payment discount terms are met form the receipt date of the invoice to the Purchasing Services Division. Discount terms for early payment cannot be earlier than 15 days from the receipt date of the invoice by the Municipality of Clarington, Purchasing Services Division. If early payment allowance is offered on the Form of Tender, the allowance will affect the bottom-line tendered price and is a factor in determining overall low bid.

1.36 Interest Charges It is the practice of the Municipality, that application by the vendors for penalty charges for late payment will not be allowed.

1.37 Liens If any Construction Lien is registered or asserted in writing against the Work, or any trust fund claim or other claim under the Construction Act, or any other claim in connection with the Work (other than a claim that will be paid out of insurance proceeds), is made by or to anyone, the Bidder shall cause any lien or claim to be Page 13 of 108

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Instruction to Bidders - continued forthwith removed and released from the title to the Work, but in any event prior to the next payment due to the Bidder. Any costs, expenses or legal fees (as between a solicitor and his or her own client) incurred by the Municipality in connection with any such lien or claim shall be paid to it by the Bidder forthwith after demand by the Municipality. Without limiting the above, it is agreed that the Municipality may, but shall not be obliged to, pay the amount of any claim (whether or not under the Construction Act) plus a reasonable allowance for costs into court, or into a lawyer’s trust account, and withhold the amount so paid in from future payments falling due to the Contractor. This clause does not apply to a legitimate claim by the Contractor. The Municipality will not withhold funds as set out above, or will pay any funds previously withheld, where the Bidder provides the Municipality with a letter of credit or other security in form, amount and substance satisfactory to the Municipality acting reasonably.

1.38 Declarations

1.38.1 I/We decide that no person, firm or corporation other than the one who’s signature or the signature of whose proper officers is or are attached to this Request for Tender (RFT), has any interest in this Tender or in the Contract.

1.38.2 I/We further declare that this Tender is made without any connection knowledge, comparison of figures or arrangement with any other bidder, firm or person making a similar Tender and is in all respects fair and without collusion or fraud.

1.38.3 I/We further declare that no employee of the Municipality of Clarington, or member of Council (or their families) is, or will become interested directly or indirectly as a contracting party or otherwise in or in the performance of the Contract or in the supplies, work or business to which it relates or in portion of the profits of it, or of any such supplies to be used therein or any of the monies to be derived from it.

1.38.4 I/We further declare that the statements contained in the Tender are in all respects true.

1.38.5 I/We further declare that I/We have examined the locality and site(s) of the proposed project/work, as well as all the specifications relating to them, prepared, submitted and rendered available on behalf of the Municipality of Clarington and are hereby acknowledged to be an integral part of the Contract. I/We hereby propose and offer to enter into the Contract on the terms and conditions and under the provisions set forth in the Tender, and to accept in full payment for it the sums calculated in accordance with the actual measured quantities and unit prices attached to this Tender.

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Instruction to Bidders - continued

2. Special Provisions – General

2.1 Plan Quantity Items Measurement for payment of the Items designated (P) in the Itemized Bid is by plan quantity, as may be revised by adjusted plan quantity.

2.2 Guaranteed Maintenance Section GC7.16 of the General Conditions is revised in that the Contractor shall guarantee and maintain the entire work called for under this Contract for a period of twenty-four (24) months. The Contractor shall make good in a permanent manner, satisfactory to the Municipality, any and all defects or deficiencies in the work, both during the construction and during the period of maintenance as aforesaid. The Contractor shall commence repairs on any work identified as defective under this clause within 48 hours of receipt of notice from the Municipality or the Contract Administrator. The decision of the Municipality and the Contract Administrator shall be final as to the necessity for repairs or for any work to be done under this Section.

2.3 Contract Time and Liquidated Damages

2.3.1 Time Time shall be of the essence for this Contract. For purposes of this Contract, GC1.04 of the General Conditions is revised, in that Contract Time means the time stipulated herein for Completion of the Work as defined in Clause GC1.06.

2.3.2 Progress of the Work and Contract Time The Contractor shall accomplish completion of this contract as defined in GC1.06 of the General Conditions on or before June 30, 2021. In-water works within Bowmanville Creek shall only be permitted within the following time windows: • Prior to September 15, 2020, with all in-works suspended and placed into a condition that does not impact the passage of migratory salmonids prior to 11:59PM on September 15, 2020. • October 15, 2020 until winter freeze-up conditions prevent the practical continuation of work.

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Instruction to Bidders - continued • Spring thaw until March 31, 2021 with all in water-works completed, and all temporary conditions removed from the watercourse no later than 11:59PM on March 31, 2021. If the Contract time above specified is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight basis, it is expected that additional and / or augmented daylight shifts will be required throughout the life of the Contract to the extent deemed necessary by the Contractor to insure that the work will be completed within the Contract time specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various Items of work and no additional compensation will be allowed, therefore.

2.3.3 Liquidated Damages It is agreed by the parties to the Contract that in case all the work called for under the Contract is not completed by the date specified, or as extended in accordance with Section GC3.06 of the General Conditions, a loss or damage will be sustained by the Municipality. Since it is and will be impractical and extremely difficult to ascertain and determine the actual loss or damage which the Municipality will suffer in the event of and by reason of such delay, the parties hereto agree that the Contractor will pay to the Municipality the sum of One Thousand Two Hundred Dollars ($1,200.00) as liquidated damages for each and every calendar days delay in achieving completion of the work beyond the date prescribed. It is agreed that this amount is an estimate of the actual loss or damage to the Municipality which will accrue during the period in excess of the prescribed date for completion. The Municipality may deduct any amount under this paragraph from any moneys that may be due or payable to the Contractor on any account whatsoever. The liquidated damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or other alternative that may be available to the Municipality

2.4 Contractor’s Authorized Representative Authorized representative as referenced in GC7.01.05 is defined as an employee of the Contractor.

2.5 Ontario Provincial Specifications (OPS)

2.5.1 OPS General Conditions Wherever in this Contract reference is made to the General Conditions, it shall be interpreted as meaning the Ontario Provincial Standards (OPS) General Conditions of Contract, OPSS MUNI 100, November 2018.

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Instruction to Bidders - continued 2.5.2 Ontario Provincial Standard Specifications Wherever an Ontario Provincial Standard Specification (OPSS) is referenced by specification number only and Municipal (MUNI) and Provincial (PROV) versions of the specifications exist the reference shall be deemed to be to the Municipal (MUNI) version of the specification

2.6 Layout by Contractor It is not anticipated that layout will be required for this Contract; however, if required, the Contract Administrator will provide as indicated below. Prior to the commencement of any construction layout, the Contractor shall verify the vertical accuracy of all temporary and permanent benchmarks and primary horizontal alignment control shown on the Contract Drawings. The Contractor shall also perform checks on all survey control points and existing centreline profiles. The Contractor shall provide a Summary Report of all aforementioned checks made to the Contract Administrator prior to the commencement of construction layout. Any discrepancies between the Contract Drawings and field checks shall be reported immediately to the Contract Administrator. With the exception of the benchmark(s) specifically provided, no elevation within the Contract Drawings are to be used as a reference for any purpose. The Contract Administrator shall provide AutoCAD drawings(s) for construction layout purposes prior to construction commencement. The Contractor shall ensure the AutoCAD Drawings are consistent with the conditions for the site. Costs associated with all survey layout activities, including field verification work undertaken by the Contractor, shall be included in the Contractor’s tender bid under the identified items.

2.7 Restrictions on Open Burning Open fires will not be permitted within the limits of this Contract. Brush and debris may as an alternative to burning, be disposed of outside the Contract Limits and in compliance with the requirements specified elsewhere for Management and Disposal of Excess Material.

2.8 Payments Except as herein provided, payments under this Contract will be made in accordance with Section GC8.02.04 of the General Conditions. Notwithstanding the provisions of the General Conditions respecting certification and payment, the Municipality may withhold 2-1/2 percent of the total value of

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Instruction to Bidders - continued work performed beyond the expiration of 46 days from the date of publication of the Certificate of Substantial Performance, to enable the Contract Administrator to produce the final detailed statement of the value of all work done and material furnished under the Contract. As a condition of holdback reduction from 10% to 2-1/2%, the Contractor shall supply a Statutory Declaration as defined in GC8.02.04.07.03(b) and advertise the Certificate of Substantial Performance per GC8.02.04.04.03. As a condition of Progress Payment Certificate processing, the Contractor must provide a current WSIB Clearance Certificate and a Statutory Declaration in support of each Progress Payment Certificate and an updated project schedule as directed by the Contract Administrator. Payments will only be made upon receipt of a current Certificate of Clearance from the Workplace Safety and Insurance Board and a Statutory Declaration stating that all subcontractors and suppliers have been paid all amounts due and payable to them as at the measurement date. All interim monthly certificates are not conclusive as to the value or quality of services provided and payment certificates are subject to reopening and readjustment. The Completion Payment Certificate to include release of the remaining holdback will be issued within 120 days after the date for completion as specified under GC1.06. The date for interest due to late payment shall commence following 180 days after the date of completion of the work. As a condition of the final holdback payment, the Contractor shall provide the required Property Owner's Releases as specified elsewhere, as appropriate. Acceptance by the company of the final holdback payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the Contract and still unsettled. The Contractor shall include in his price for the publication of the Certificate of Substantial Performance. Publication is mandatory whether Contractor requests Substantial Performance or not. The Contractor is advised that the Municipality may withhold payment on Interim and Holdback Release Certificates up to 30 calendar days from the date of receipt of the executed Payment Certificates. Payments made hereunder, including final payment shall not relieve the Contractor from its obligations or liabilities under the contract.

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Instruction to Bidders - continued The Municipality shall have the right to withhold from any sum otherwise payable to the Contractor such amount as may be sufficient to remedy any defect or deficiency in the work pending correction of it.

2.9 Utilities Sections GC2.01.01 and GC7.13.02 of the General Conditions are deleted in their entirety and are replaced by the following: The Contractor shall be responsible for the protection of all utilities at the job site during the time of construction. For additional information regarding existing utilities the Contractor may contact the following personnel:

Bell Canada Rogers Cable T.V. Limited Lisa Wagar Bernie Visser Tel: (905) 433-3034 Tel: 905-436-4138 [email protected] [email protected]

Enbridge Gas Distribution Canada Post Gerry Pumphrey, Field Manager Andrew Chong Tel: 905-436-7039 Tel: (416) 936-4082 [email protected] [email protected] canada.ca

Hydro One Networks Inc. Veridian Connections Greg Gowan Arthur Berdichevsky Tel: 416-527-3487 Tel: (905) 427-9870 x2292 [email protected] [email protected]

Clarington Operations Region of Durham Ken Mercer Orono Depot Tel: 905-263-2292 Tel: 905-983-5116 [email protected]

Telus Hydro One Telecom Stephen Hoy Amer Buttar Tel: 416-883-6636 Tel: 416-240-3751 [email protected]

The Municipality will be responsible for the relocation of utilities where required. However, no claims will be considered which are based on delays or inconvenience resulting from the relocation not being completed before the start of this Contract.

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Instruction to Bidders - continued The location and depth of underground utilities shown on the Contract drawings are based on the investigations made by the Municipality. It is, however, the Contractor's responsibility to contact the appropriate agencies for further information in regard to the exact location of all utilities, to exercise the necessary care in construction operations and to take such other precautions as are necessary to safeguard the utilities from damage.

2.10 Dust Control As a part of the work required under Section GC7.03.01 of the General Conditions, the Contractor shall take such steps as may be required to prevent dust nuisance resulting from his operations either within the right-of-way or elsewhere or by public traffic where it is the Contractor's responsibility to maintain a roadway through the work. Where the work requires the sawing of asphalt or the sawing or grinding of concrete, blades and grinders of the wet type shall be used together with sufficient water to prevent the incidence of dust, wherever dust would affect traffic or wherever dust would be a nuisance to residents of the area where the work is being carried out. The cost of all such preventative measures shall be borne by the Contractor.

2.11 Traffic Control, Flagging Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in OTM Book 7 (Ontario Traffic Manual), and as per the requirements of the Ontario Health and Safety Act Reg. 213/91, Section 69.1.

2.12 Contractor’s Supply of Construction Signs In accordance with Section GC7.06 of the General Conditions, the Contractor is responsible for the supply, erection, maintenance and subsequent removal of all temporary traffic controls, including signs, lights, barricades, delineators, cones, detour signage, etc., required on the work. Traffic controls shall be provided in general accordance with the latest edition of the “OTM Book 7”. A Traffic Control Plan indicating all traffic signage layout and types in a neat legible manner shall be submitted for approval by the Contract Administrator a minimum of two weeks prior to construction commencement and shall be in accordance with the latest edition of the “OTM Book 7”. Revisions to the Traffic Control Plan shall be made to reflect ongoing changes on the project as needed and shall be approved by the Contract Administrator.

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Instruction to Bidders - continued Traffic controls shall be operational before work affecting traffic begins.

2.13 Maintenance of Traffic Vehicular traffic must be maintained at all times by: • Temporary Conditions The Contractor shall maintain the following, as a minimum: • No portions of Bowmanville Avenue or Baseline Road shall be permitted to be completely closed to vehicular traffic. • Very short duration (i.e. 15 minutes or less) single restrictions accompanied by flagging personnel and equipment in accordance with Ontario Traffic Manual, Book 7 shall be permitted to facilitate equipment movements and material deliveries at locations of Access/Unloading/Delivery. • All temporary conditions will incorporate due consideration for the movement of pedestrians, including provision of additional flagging personnel and consideration for site conditions and the adjacent public space uses outside of normal working hours. Pedestrian traffic must be maintained as indicated on the Contract Drawings by: • Temporary Conditions The Contractor shall maintain the following, as a minimum: • A continuous safe route for pedestrian and cyclist traffic along the entire length of the north-south Soper Creek Trail located in the parkland at the west limit of the project shall be closed to pedestrian traffic. No portion of this north-south trail shall be permitted to be completely closed to traffic or otherwise diverted/detoured. The Contractor shall provide adequate and safe temporary crossing arrangements at locations indicated on the Contract Drawings. • Infrequent, very short duration (i.e. 10 minutes or less) temporary stoppages of pedestrian traffic will be permitted to accommodate equipment and material movement across the trail. • Spotters and/or traffic control personnel shall be provided at all trail crossing locations. • Trail access into the parkland from Hobbs Drive, Wilde Court and Hailey Court shall be maintained at all times • All temporary conditions will incorporate due consideration for the movement of pedestrians and cyclists including provision of additional

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Instruction to Bidders - continued flagging personnel and consideration for site conditions and the adjacent public space uses outside of normal working hours. It is understood that implementation of traffic controls will require ongoing review and adjustment to suit construction operations. No deviation from the above procedure will be allowed except with the approval of the Contract Administrator. A Road Occupancy Permit (ROP) must be obtained from the Municipality of Clarington prior to mobilizing on site. The information is available on the Municipal website here: clarington.net/en/do-business/occupying-our- roadway.asp and must be submitted by email. There is no fee for the permit. The Contractor will also be required to take out a Road Occupancy Permit with the Region of Durham for all locations where work encroaches onto a Regional road allowance. Notwithstanding the preceding, the Contractor shall at all times maintain the roadway surfaces within the Contract limits in a condition satisfactory to the Contract Administrator and such that any emergency vehicles may have immediate access to any building located within the limits of this Contract. The Contractor shall be responsible for all signing at the Contract limits and within the Contract limits. The Contractor shall ensure the signing is properly maintained while in use. It shall be the Contractor’s responsibility to directly notify Police, Fire, Hospital and Ambulance services of road closures at least 24 hours in advance of such closures and to notify these same authorities when such closures are no longer in effect. It will be the Contractor’s responsibility to keep the Police, Fire, Hospital and Ambulance services informed of any changes to the road closure. A minimum of three (4) 600mm High x 1200mm wide ply-wood sign supports shall be supplied and erected by the Contractor at locations identified by the Contract Administrator. Sign faces shall be installed by the Contractor a minimum of one (1) week prior to commencing construction and maintained for the duration of the project and subsequently removed at completion. Signs shall include approved text, as directed by the Contract Administrator generally conforming to the following. Bowmanville Valley Trail Extension Do Not Enter Area Starting [Date] For Approximately [Number] Weeks No claims for delays due to traffic will be considered for compensation.

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Instruction to Bidders - continued 2.14 Emergency and Maintenance Measures Whenever the construction site is unattended by the general superintendent, the name, address and telephone number of a responsible official of the contracting firm, shall be given to the Contract Administrator. This official shall be available at all times and have the necessary authority to mobilize workmen and machinery and to take any action as directed by the Contract Administrator in case emergency or maintenance measures are required regardless whether the emergency or requirement for maintenance was caused by the Contractor's negligence, act of God, or any cause whatsoever. It shall be the Contractor’s responsibility to ensure that erosion and sedimentation control measures within the limits of the Contract are in place and fully operational to the satisfaction of the Contract Administrator, should the onset of severe inclement weather be forecast. Should the Contractor be unable to carry out immediate remedial measures required, the Municipality will carry out the necessary repairs, the costs for which shall be charged to the Contractor.

2.15 Management and Disposal of Excess Material The requirements of OPSS 180 shall apply to this Contract, revised as follows: .1 Section 180.03, Definitions, shall be amended by the addition of the following: Work area: means the area of disturbance required to complete the proposed works as indicated on the Contract Drawings and as directed by the Contract Administrator. .2 Subsection 180.07.02, Conditions on Management as Disposable Fill, shall be amended by the addition of the following: Recycled hot mix asphalt or excess bituminous pavement shall not be used as trench backfill or bedding. All excess materials shall be managed, handled and disposed of at suitable locations, in accordance with applicable Municipal, Provincial, Federal and locally governing Conservation Authority jurisdictions, policies and legislations. Prior to the commencement of any earth removal from the site, the Contract Administrator and the Municipality shall be provided with proposed locations to allow for a preliminary screening, as the locations may relate to Provincially Significant Wetlands, future Municipal projects, or areas regulated by the local Conservation Authority. The Contractor shall provide the Contract Administrator with the proposed disposal location two (2) weeks prior to the commencement of

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Instruction to Bidders - continued any earth removal from the site. For the purpose of this Contract, all excess materials shall meet the requirements of the Ministry of Environment “Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act” (April 15, 2011)”, which can be viewed at the following website: http://www.ene.gov.on.ca/stdprodconsume/groups/lr/@ene/@resources/documen ts/resource/stdprod_086516.pdf The Contractor shall be responsible for disposal of excess material in accordance with the current revision of Municipality of Clarington Site Alteration By-Lay 2008- 114. Permit fees and additional costs associated with fill volumes (i.e. $/m3) will not be applicable.

2.16 Review of Shop / Working Drawings For the portions of the work to be done under this Contract where detail drawings are to be supplied by the Contractor, six (6) copies of same, together with specifications, plus such additional copies as the Contractor and his subcontractors may require, shall be submitted to the Contract Administrator for review.4 The Contractor or his Subcontractors shall check and initial all shop drawings before submission to the Contract Administrator so as to intercept and correct any major errors or omissions. Shop drawings will not be reviewed by the Contract Administrator unless they have been previously checked by the Contractor. The review by the Contract Administrator is for the sole purpose of ascertaining conformance with the general design concept. This review shall not mean that the Contract Administrator approves the detail design inherent in the shop drawings, responsibility for which shall remain with the Contractor submitting same, and such review shall not relieve the Contractor of his responsibility for errors or omissions in the shop drawings or of his responsibility for meeting all requirements of the Contract Documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site, for information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of the work of all subtrades. Work which relates to the shop drawings shall not be carried out before the Contract Administrator’s review of the shop drawings is complete

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Instruction to Bidders - continued 2.17 Spills Reporting Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Contract Administrator. Such spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1990. All spills or discharges of liquid, other than accumulated rain water, from luminaires, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCB's and shall forthwith be reported to the Contract Administrator. This reporting will not relieve the Contractor of his legislated responsibilities regarding such spills or discharges.

2.18 Protection of Water Quality The Contractor’s attention is drawn to the following environmental protection requirements, which will impact construction activities within or in close proximity to all bodies of water (including wetlands). These measures are in addition or complimentary to the works included for erosion and sediment control under other items in the Tender. • At all times, the Contractor shall maintain existing stream flows and shall control all construction work so as not to allow sediment or other deleterious materials to enter streams. • No waste or surplus organic material including topsoil is to be stored or disposed of within 30 metres of any watercourses or waterbodies. Run- off from excavation stockpiles will not be permitted to drain directly into watercourses but shall be diffused onto vegetated areas a minimum of 30 metres from the watercourse. Where this measure is not sufficient or feasible to control sediment entering the watercourses, sedimentation traps or geotextile coverage will be required. • If dewatering is required, the water shall be pumped into a sedimentation pond, silt bag, or diffused onto vegetated areas a minimum of 30 metres from all watercourses/waterbodies and not pumped directly to conveyance routes connected to watercourses/waterbodies. • No machinery shall enter the bed of any watercourse or waterbody. Movement of construction equipment in the vicinity of any creeks shall be limited to the minimum required for construction.

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Instruction to Bidders - continued • The Contractor shall not carry out equipment maintenance or refueling or store fuel containers within 100 metres of any watercourse/waterbody. The Contractor shall not stockpile construction debris or empty fuel (or other chemical) containers within the Contract limits. • Sediment and erosion control items included in this Contract shall be implemented prior to any other construction in the vicinity of any watercourses/waterbodies, in order to prevent any sediment from entering watercourse/waterbodies (including soil from exposed banks) and to prevent any downstream transport of re-suspended sediment. All disturbed areas shall be stabilized upon completion of works or attainment of final grades. • Temporary erosion and sediment works should be maintained until vegetation has been re-established to a sufficient degree so as to provide adequate protection to disturbed work areas. • All sediment traps, check dams and silt fence will be cleaned, as a minimum, when they are 50% filled. • Maintenance of these devices is essential. Lack of co-operation on the part of the Contractor will be considered as a major violation of the Contract and will result in a shutdown of the project operations until maintenance is performed to the Contract Administrators satisfaction. • All disturbed areas shall be re-vegetated immediately after final grading is completed.

2.19 Traffic and Street Signs The Contractor will be responsible for the removal and salvage of existing traffic and street signs, and their delivery to the Municipality’s Works Department Yard, for re-erection by the Municipality following completion of the work. Scheduling for sign removal shall be as approved in advance by the Contract Administrator. Regulatory signs such as “Stop” and “Yield” must be maintained throughout.

2.20 Garbage Collection The Contractor will be responsible for ensuring that garbage collection, including recyclables, is maintained and when necessary, the Contractor shall make arrangements directly with the collecting agency, to permit and coordinate pick- up.

2.21 Asphalt Mix Design The Contractor shall be responsible for the provision of current mix designs for all hot mix asphalt required for the work, or for having the necessary mix designs

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Instruction to Bidders - continued prepared by a certified laboratory. The mix designs proposed for use by the Contractor shall be submitted in writing to the Contract Administrator for his approval and no work shall commence until the design mixes are approved. All costs associated with the provision of approved mix designs shall be borne by the Contractor. Any requests by the Contractor for adjustment to the previously approved mix designs shall be requested by the Contractor within 24 hours of commencement of asphalt placement. After which period, no adjustments will be considered by the Contract Administrator. Steel slag and blast furnace slag coarse and fine aggregates shall not be used in any hot mix required by this Contract.

2.22 Preparation and Posting of Requirements for Work in Confined Spaces Detailed written procedures addressing the confined space requirements of the Occupational Health and Safety Act and Ontario Regulations for Construction Projects, Ontario Regulation 213/91, shall be clearly posted at the project site and available to all personnel, including the Contractor's workers, Municipal staff, Contract Administrator, and Ministry of Labour inspectors. The procedures must include the rescue procedures to be followed during a rescue or evacuation of all personnel from an unsafe condition or in the event of personal injury. The Contractor shall have personnel trained in rescue procedures readily available on site.

2.23 Confined Space Entry Without relieving the Contractor of his responsibilities under the Occupational Health and Safety Act the Contractor shall be responsible for the supply of personal protective equipment for the use of the Contract Administrator, in connection with confined space entry while the Contractor is operating on site. The following equipment shall be made available on request: 1. Mechanical Ventilation Equipment 2. Gloves 3. Gas Detector (C95-80) 4. Full body harness securely attached to a rope 5. Rope 6. Gas mask or dust, mist or fume respirator (optional)

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Instruction to Bidders - continued 7. 30-minute self-contained breathing apparatus (need not be worn but, if required, be readily available to supply air for instant egress) 8. 7-minute Escape Pack 9. Explosion-proof temporary lighting 10. Adequate clothing to ensure protection against abrasions and contamination In addition, the Contractor shall provide a competent person who shall inspect all safety equipment prior to use to ensure that it is in good working order and appropriate for the task at hand.

2.24 Entry onto Private Property The Contractor shall not enter private property which is to be utilized to access or construct the works without the prior consent of the Contract Administrator. This requirement will be strictly enforced. The Contractor shall not entre into the rights-of-way of the Canadian National Railway or the Ontario Ministry of Transportation until such time as all necessary details have been submitted to the respective agencies and approved.

2.25 Storage Areas Clause GC7.03 of the General Conditions of Contract is amended by the addition of the following: The use of the site as a long-term storage area is not allowed under this Contract. The storage of materials and movement of equipment will only be allowed for normally accepted construction practices. The storage of or dispensing of gasoline, diesel fuel or any other flammable/combustible substance is not permitted within the limits of the Transmission Corridor/Property. No waste or surplus organic material including topsoil is to be stored within 30 metres of any watercourses or waterbodies or wetlands. Run-off from excavation/topsoil stockpiles will not be permitted to drain directly into watercourses but shall be diffused onto vegetated areas a minimum of 30 metres from the watercourse. Where this measure is not sufficient or feasible to control sediment entering the watercourses, sedimentation traps or geotextile coverage will be required.

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Instruction to Bidders - continued 2.26 General Liability Insurance General Liability Insurance shall be in the name of the Contractor. The Municipality of Clarington, Canadian National Railway Company, Ministry of Transportation Ontario, Ronald & Kelly Wallace and CIMA Canada Inc. shall be named as an additional insured. Contractors shall refer to General Conditions Clause GC6.03.02.01 and Clause 4.24 of the Standard Terms and Conditions section of this contract. Contractors shall note that the General Conditions shall take precedent.

2.27 Variations in Tender Quantities Clause GC.8.01.02 (b) of the General Conditions of Contract is amended as follows: The last sentence beginning “Alternatively” and ending “paid” is deleted and replaced by “The Municipality shall not be liable to the Company for loss of anticipated profit”.

2.28 Property Owner Claims During Construction The Contractor shall be the primary contact for claims made by homeowners and other property owners within the project limits during construction processes. The Contractor shall inform the Contract Administrator of said claims, immediately upon receipt. The Contractor shall inform the Municipality, in writing, their intentions with regard to resolution of said claim within twenty-four (24) hours of receipt. If it is deemed by the Municipality that the Contractor is not adequately providing and/or retaining the services to resolve a claim by homeowners within the project limits during construction, the Municipality may elect to holdback sufficient funds to resolve the claim. All claims, negotiations, and/or mediation completed under this Contract, including Arbitration, shall be completed in Accordance with clauses and subclauses of GC 3.13 and 3.14 of the General Conditions of Contract. The application of this clause shall not make the Municipality or Contract Administrator liable in any way for subsequent performance, and in no way relieves the Contractor from his continuing responsibilities in accordance with this Contract.

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2.29 Property Owner’s Release of Privately Owned Land Used by the Contractor Upon completion of the Contract, the Contractor shall provide the Municipality with two (2) copies of a form of release signed by each property owner, upon whose land he has entered for purposes associated with the Contractor's operations but not for the purpose of undertaking works stipulated in the Contract:

Date:

To: Mr. Stephen Brake, Director of Public Works Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6

Re: Contract No. CL2020-21

Dear Sir:

I hereby certify that (Name of Contractor) have fulfilled the terms of our agreement and have left my property in a satisfactory condition. I have accepted their final payment and release (Name of Contractor) and the Municipality of Clarington from further obligations.

Yours very truly,

Signature Property Owner’s Name: Municipality of: Lot: Concession:

Final payment will not be released to the Contractor until all the applicable forms of release have been signed by the property owners and received by the Municipality

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2.30 Designated Substances In accordance with the requirements of Section 30 (1) of the Occupational Health and Safety Act, the Bidder is hereby advised that the designated substances listed hereunder are present or may be present on the site and within the limits of this Contract. Designated Substance Identified on this Site Acrylonitrile Not Identified Arsenic Not Identified Asbestos Not Identified Benzene Not Identified Coke Oven Emissions Not Identified Ethylene Oxide Not Identified Isocyanate Not Identified Lead Not Identified Mercury Not Identified Silica Not Identified Vinyl Chloride Not Identified

2.31 Construction Operations within Railway and Highway Corridors In carrying-out all aspects of the work called for under this Contact it shall be entirely the Contractor’s responsibility to: • Submit a detailed list of proposed equipment and specifications to be used within the limits of railway and highway corridors a minimum of 10-days prior to commencing work. • Only carry-out work within 10 metres (30ft) of a railway track or bridge structure in the presence of a CN Protecting Foreman (flagger). • Submit and update as necessary a detailed schedule of all work to occur within railway and highway corridors and provide no less than 10 days notice of the requirement for a CN Protecting Foreman. • Complete portions of the CN Permit Forms attached in Appendix 5.9 as Directed by the Contract Administrator • Maintain copies of all necessary permits, approvals, licenses and other documents on site. • Hold daily briefings with all personnel on site on any day where the Contractor’s operations will involve work of any kind within the Canadian National Railway Corridor and keep record of all such briefings. • Ensure the provision and operation of equipment appropriately sized to complete the work safely within the constraints of the adjacent bridge abutments and overhead superstructures to ensure that under no

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circumstances any equipment comes into contact with any portion or component of the aforementioned structures. • Immediately cease all operations should any equipment contact any portion or component of the aforementioned structures and without delay and advise the Contact Administrator and Canadian National Railways or the Ministry of Transportation, as may be appropriate, or the location and nature of the Contact. • Suspend all operations on this Contract, regardless of location, unless otherwise authorized in writing by the Contract Administrator, until such time as any equipment with any portion or component of the aforementioned structures has been fully investigated by Contact Administrator and Canadian National Railways or the Ministry of Transportation, as may be appropriate, or the location and nature of the Contact. • Carry out all work requiring materials to placed in contact with adjacent bridge abutments and overhead superstructures in a carful and deliberate manner to ensure that no damage to occurs and that the materials are fully controlled during all portions of the placement process so as to prevent unintended collisions or other forms of contact. • Cease all operations of any kind within the Canadian National Railway Corridor when directed to do so by CN personnel including during the approach, passage and departure of any-and-all trains operating on the tracks above the work area. The contractor may expect a total 24-hour volume of up to eighty (80) trains per day over the active (southernmost) railway bridge. When advised of an approaching train by the CN Controlling Foreman the Contractor shall be responsible to: o Immediately stop all work in a safe manner. o Make all worked on site aware of the approaching trains and routes to be followed to be clear of the area. o Unless otherwise approved by CN staff, move all equipment and materials to a position to a distance of at least 5 metres horizontally from the nearest rail of the track on which the train shall pass and place all booms and similar equipment in an immobilized position parallel to the tracks and secure the equipment against unintentional movement, and have operators exit cabs if directed to do so. o Ensure that all equipment left within 5 metres of the nearest track, by special approval is similarly secured and operates have, without exception, left their cabs. o Only continue working if the CN supervisory personnel have determined that the is no way for the worker and work activity can

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become foul of train, the continuance of such work is subject to change at any time entirely at the discretion of CN personnel. • Ensure that all equipment and personnel operate only within the portions of the Canadian National Railway and Ministry of Transportation Highway 401 corridor that are below track level and highway level. Under no circumstances shall any equipment or personnel enter onto or cause material to enter on to the embankments, live , tracks or other portions of any railway or highway facilities. • Immediately and permanently remove from the site any personnel that are deemed by the Contact Administrator to be operating in manner that creates undue risk or potential for an incident that may impact either the Canadian National Railway or Ministry of Transportation’s facilities. • Assume all liability for damages of any kind arising from construction activities within Canadian National Railway’s or the Ministry of Transportation Ontario’s corridors in connection with this Contract including but not limited to disruption, injury or loss of business/revenue and also indemnify and hold harmless the Municipality of Clarington and its agents from the same. • Conduct all work in a manner that conforms to and satisfies the requirements of the CN System Engineering Services Work Permit Application form appended to these Contract Documents.

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3. Special Provisions – Tender Items

3.1 Order of Precedence Where a Specification or Standard exists in the Municipality of Clarington “Design Guidelines and Standard Drawings” for any element of the works, the Municipality of Clarington Specification or Standard shall take precedent over the “Ontario Provincial Standards”.

3.2 Preface The Contractor shall be responsible for conducting all construction operations in a manner that fully protects existing utilities from damage or disruption of any kind. Special Provisions – Tender Items clauses shall be read and interpreted in conjunction with applicable schedules and clauses of this contract document. Particular consideration shall be given to the clauses under the heading of “Protection of Water Quality” in the Special Provisions – General Section 2.18. The Contractor shall note the requirements to work within the constraints of the openings under both the Canadian National Railway bridges and Ministry of Transportation bridge. In carrying-out all aspects of the work called for under this Contact it shall be entirely the Contractor’s responsibility to ensure that operations are carried out safely and without impacts to the infrastructure related to and operation of the Canadian National Railway and provincial Highway 401 with due consideration for all aspects of “Construction Operations within Railway and Highway Corridors” in the Special Provisions – General Section 2.31.

3.3 Site Preparation, Misc. Removals, Access and Staging – Item No. A1 Reference OPSS.MUNI 501 Under this Item, the Contractor shall supply all labour, equipment and material to: • Stage the works such that construction operations progress in an organized and sequential manner that minimizes the overall impact and duration of the work. • Moving onto the site and setting up the Contractor’s office, storage facilities, plant, etc. • Immediately erect temporary fencing at the toe of all Highway 401 and Canadian National Railway embankments that are within 20 m of the intended work area. • In accordance with Special Provisions General Clause 2.12:

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o Supply and install project information and/or road/trail closure signs on sign supports supplied by the Contractor at the locations indicated on the Contract Drawings and/or directed by the Contract Administrator. Including obtaining locates as necessary to allow for the installation of signposts or otherwise securing temporary signage in a safe fashion that is satisfactory to the Contact Administrator. The location of all sign panels shall be such that they do not obstruct sightlines for vehicular and pedestrian traffic. o Implement trail closures by barricading the trail at the site limits as shown on the Contract Drawings and/or as directed by the Contract Administrator, with a minimum length of 9.0 m of 1.8 m high modular steel fencing complete with signage indicating “Trail Closed – Danger – Construction Site – Keep-out”. • Within the framework of the agreements and general approvals obtained by the Municipality from Canadian National Railway and Ministry of Transportation Ontario submit to required documentation to both agencies to obtain all necessary work permits and encroachment permits based on the proposed timing and nature of the Contractor’s proposed work schedule and methodology. • Construct and maintain temporary access routes and working platforms as necessary to carry-out the work. The design of access routes and working platforms shall be the sole responsibility of the Contractor. The design shall consider required excavation, grading, ramping, armouring, construction traffic loading, widths and turning restrictions. Any deviation from the location and general arrangement of the temporary access routes shown on the Contract Drawings and as noted below will require the approval of the Contract Administrator, prior to implementation. The Contract Administrator reserves the right to reject proposed alternative access routes. Baseline Road to Highway 401 West Side of Bowmanville Creek o Terminal Points: From the north limit of the proposed trail works at Baseline Road to the Highway 401 the bridge carrying Highway 401 over Bowmanville Creek. o Alignment: The access route shall follow the proposed trail alignment and shall not be permitted to deviate into areas beyond the grading limits as shown on the Contact Drawings. o Purpose: To facilitate all construction north of STA 10+390 and construction on the west side of Bowmanville Creek between STA 10+300 and STA 10+390 as necessary.

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o Restrictions: Under no circumstances shall the access route from Baseline Road be used to facilitate equipment access south of STA 10+300. Baseline Road to Highway 401 Overpass East Side of Bowmanville Creek o Terminal Points: From the existing field entrance located on the south side of Baseline Road and immediately west of the commercial entrance to the TSC Stores property southerly to the bridge carrying Highway 401 over Bowmanville Creek. o Alignment: The access route shall follow the existing access road for the maximum length possible before diverting to the open field area shown on the Contact Drawings. The alignment of the portion in the open field area shall be selected by the Contractor to avoid wet areas and existing woody vegetation. o Purpose: To facilitate sediment removal and all other construction on the east side of Bowmanville Creek between STA 10+300 and STA 10+390. o Restrictions: The Contractor shall ensure that construction traffic follows a single route for the duration of the work without deviation from the access once established. Bowmanville Avenue to Trail Extension between Highway 401 and CNR o Terminal Points: From the existing field entrance located on east side of Bowmanville Avenue opposite Energy Drive easterly to the trail alignment. o Alignment: The access route shall follow the existing access road for the maximum length possible until it enters the property owned by Ronald Wallace where it shall follow the shortest practical route through the “Wallace Property” to connect to the proposed trail alignment. o Purpose: To facilitate all construction between STA 10+058 and STA 10+300. o Restrictions: The Contractor shall ensure that traffic follows a single route for the duration of the work without deviation from the access once established. Travel through the Wallace Property on routes other than those initially establish shall not be permitted without written approval from the Contact Administrator. o Considerations: The Contractor shall note the existing steep grades of the existing access route immediately east of Bowmanville Avenue, the opening dimensions of the box culvert located along the access route, the potential need for upgrades to the existing road base along the

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access route to make it suitable for the intended use. It shall be the Contractor’s sole responsibility to undertake the necessary temporary improvements to make the access route suitable for the Contractor’s intended use. • Protect existing utilities and infrastructure along access routes and within working area limits, including, but not limited to culverts, bridges, underground telecommunications cables, fencing, light poles, storm sewers and sanitary sewers. • Protect asphalt and concrete surfaces from damage during periods of equipment access and movement along access routes and movement within the working area limits. This may include the use of granular ramping, plywood or timber coverings or other methods as required. The Contractor is responsible for the adequacy of the selected protection method. No temporary protective materials shall be left in place on active sidewalks/trails outside of normal working hours or during normal working hours unless appropriate traffic control is provided. • Trim existing overhanging vegetation along access routes as necessary. All trimming limits shall be approved by the Contract Administrator prior to removals. • Protect existing trees including root structure and canopy as indicated on the Contract Drawings in accordance with OPSD 220.010. • All material storage and construction staging areas are to be determined by the Contractor. The Contractor shall be required to obtain permission for all storage/staging areas from the Municipality and/or any impacted private property owners. • Material storage and construction staging areas shall be enclosed with temporary safety fence having a minimum height of 1.20m to ensure they are well delineated and separated from adjacent public spaces. Provide erosion control measures, silt fence, to prevent sediment and debris from entering waterbodies and/or watercourses. All storage/staging areas to be approved by the Contract Administrator. • Restore all areas beyond the grading limits which are disturbed by use of temporary access routes and storage/staging areas including all material, labour and equipment to do so. The restoration shall be completed with the use of new materials to restore existing conditions to an equal or better condition than the pre-construction condition, as approved by the Contract Administrator. • Install mud mats at locations shown on Construction Drawings.

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• Undertake mechanical sweeping on the adjacent municipal streets as directed by the Contract Administrator, and as may be required to prevent dust/mud nuisance resulting from the Contractor’s operations. • Supply and Install “Danger. Construction Zone. Do Not Enter” signs on all temporary and existing fences used to isolate the site at a maximum spacing of 10.0 metres. • Remove existing post and wire fences at locations shown on the Contract Drawings and incidental lengths of post and wire fences as may be encountered. 3.4 Clearing and Grubbing, Stump Removal, Brush Removal, Relocate/Stockpile and Remove Felled Trees – Item No. A2 i) References: OPSS.MUNI 201 Under this item, the Contractor shall clear, trim and grub all trees, hedges, brush, stumps etc. as required to complete the work and for site access. The limits of clearing, trimming and grubbing shall be agreed upon with the Contract Administrator prior to commencing the work. The lump sum price under this item shall include for disposal, off-site, of wood debris from the clearing, trimming and grubbing operations. Smaller limbs must be removed and disposed of offsite or can be chipped and spread in a layer no thicker than 100mm. No removal shall be permitted without approval of the Contract Administrator. The Contractor shall protect all other vegetation to be left in place. Tree clearing along the trail alignment has already been undertaken by the Municipality in advance of this Contract. The Contractor will be responsible for the removal of all felled trees and grubbing-out ‘stumped’ vegetation to facilitate trail construction. Some additional localized clearing may be required to facilitate the proposed works, access for construction vehicles, etc. If additional clearing or trimming occurs prior to August 31, 2020 or after May 1, 2021 to comply with the habitat protection provision of the Migratory Birds Convention Act, a qualified avian biologist must conduct a nest search survey of each impacted tree identified and confirm that there are no active nests in these trees prior to commencing any tree clearing/trimming. If active nests are found, no tree removal/trimming can occur in the vicinity until after the bird vacates. The cost of the nest search as required shall be included as part of the unit bid price for this Item. The lump sum price shall also include for the careful pruning of existing trees and shrubs to accommodate construction processes and equipment as per OPSS 801 and as well as removing dead branches.

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There will be limited additional pruning or branch removal permitted at the discretion of the Contract Administrator, for the purpose of aiding with construction methods, which will be included under this Item. The Contractor must use equipment as necessary to avoid physical impact to the existing tree canopy.

3.5 Tree Removal on MTO Property – Item No. A2 ii) Under this Item, the Contractor shall remove trees where indicated on the Contract Drawings and as directed by the Contract Administrator. A number of trees within the MTO Highway 401 corridor have not been pre- cleared. The Contractor shall be responsible for removing the trees as shown on the Contract Drawings after October 1, 2020 and before March 31, 2021 (outside of the bat roosting window). The trees identified for removal shall be removed by a Certified Arborist using appropriate methods to ensure that there is no chance that any portion of the trees to be removed will fall towards Highway 401. The unit price bid for these Items shall include for removal of all above-ground parts of the tree and disposal off-site. Stumps in natural areas shall be left with smooth edges within 150 mm of finished grade. Stumps within the limits of proposed trial construction shall be fully grubbed-out removed and disposed of off-site at a location arranged for by the Contractor. If additional clearing or trimming occurs prior to August 31, 2020 or after May 1, 2021 to comply with the habitat protection provision of the Migratory Birds Convention Act, a qualified avian biologist must conduct a nest search survey of each tree identified for removal and confirm that there are no active nests in the trees to be removed prior to commencing any tree clearing. If active nests are found, no tree removal can occur in the vicinity until after the bird vacates or until after August 31. The cost of the nest search shall be included as part of the unit bid price for this Item.

3.6 Concrete Rail Bridge Abutment Demolition, Removal and Disposal – Item No. A3 References OPSS.MUNI 510, OPSS.MUNI 928 Under this Item for the lump sum price bid the Contractor shall supply all labour, material and equipment to: • Remove existing steel safety fencing from bearing of the west abutment of the abandoned railway bridge. • Completely remove the west sub-structure of the abandoned railway bridge above elevation 77.28 m as shown on the Contract Drawings including

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removal of reinforced concrete abutment walls, wing wingwalls, wingwall footings, ballast walls and related components. • Remove CSP standpipes and related drainage structures located behind existing abutment walls and plug any remaining sections of vertical or horizontal piping with 15 MPa concrete to establish a minimum plug length of 450 mm. • Dispose of all concrete ruble, steel, stone and other material resultant from removals off-site a location arranged for by the Contractor. All material removed from the site shall be secured, covered, etc., in accordance with all relevant regulations prior to being transported on a public or roadway of any kind. • Excavate existing abutment backfill and embankment material and stockpile material suitable for reuse elsewhere on site and dispose of deleterious material off-site at a location arranged for by the Contractor. • Remove and stockpile the full depth of gabion stone rock protection within the limits shown on the Contract Drawings. • Grade the area disturbed by removals to achieve the grades and elevations shown on the Contract Drawings. 3.7 Earth Excavation, Disposal and Grading at Railway Abutment – Item No. A4 References: OPSS.MUNI 180, OPSS.MUNI 206 Under this Item, the Contractor shall supply all labour, equipment and material to: • Remove and salvage existing granular abutment backfill material to proposed grades as shown on the Contract Drawings. Existing abutment backfill material can be used as fill material below the proposed trail subgrade. In that event, the placement and compaction of this material would be paid under Item B1 – Earth Excavation and Grading. • Remove and dispose off-site of all unsuitable material to proposed grades as shown on the Contract Drawings. • Remove and dispose of all subdrain and field tile drain up to 200mm in diameter that may be encountered, regardless of the material. • Shape, compact and grade remaining material in accordance with the Contract Drawings and as directed by the Contract Administrator. The estimated quantities under this Item are as follows: Existing Abutment Backfill (potential fill material) 250 m3 Unsuitable Material to be removed offsite 600 m3

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Surplus excavated material shall be disposed of at locations arranged for by the Contractor. Surplus excavated material shall be managed in accordance with the requirements of OPSS.MUNI 180. Quantities do not include for excavation for the proposed trail. Payment for the proposed trail excavation shall be included in the unit rate bid under the appropriate trail earth excavation and grading item.

3.8 Light Duty Silt Fence – Item No. A5 References: OPSS.MUNI 805 Under this Item, the Contractor shall supply all labour, equipment and material to: • Install Light Duty Silt Fence in accordance with OPSD 219.110 as indicated on the Contract Drawings and as directed by the Contract Administrator. All silt fence shall be erected prior to the commencement of excavation and earth moving works. • Maintain Light Duty Silt Fence to ensure the erosion control device remains fully operative for the duration of the Contract. Disposal of built-up sediment shall be off-site at a location arranged for by the Contractor. • Remove and Dispose of the Light Duty Silt Fence off-site once vegetation has established, and the site is stabilized. Payment for this Item shall be made as follows: • 50% for initial installation • 30% for maintenance • 20% for removal 3.9 Straw Bale Flow Check Dams – Item No. A6 Under this Item, the Contractor shall supply all labour, equipment and material to: • Install Straw Bale Flow Check Dams in accordance with OPSD 219.180 as indicated on the Contract Drawings and as directed by the Contract Administrator. All check dams shall be erected prior to the commencement of excavation and earth moving works. • Maintain Straw Bale Flow Check Dams to ensure the erosion control device remains fully operative for the duration of the Contract. Disposal of built-up sediment shall be off-site at a location arranged for by the Contractor. • Remove and Dispose of the Straw Bale Flow Check Dams off-site once vegetation has established, and the site is stabilized. Payment for this Item shall be made as follows:

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• 50% for initial installation • 30% for maintenance • 20% for removal 3.10 Layout by Contractor – Item No. A7 Under this Item the Contractor shall layout and establish the primary alignment and grade controls necessary for construction. The Contractor shall provide the Contract Administrator with sufficient advance notice of their information requirements to permit appropriate scheduling of the layout work. The layout performed by the Contractor shall be sufficient to permit construction of the work by the Contractor in compliance with the Contract Documents but shall not relieve the Contractor of their responsibility for the provision of qualified personnel and normal tools of the trade, as necessary for the transfer or setting of the secondary lines and grades from the primary controls provided. Tools of the trade are interpreted to include, but not necessarily be limited to, hand and line levels, boning rods, tape measures, lasers etc.

3.11 Earth Excavation (including Topsoil Stripping) and Grading Trail Alignment – Item No. B1 Under this Item, the Contractor shall supply all labour, equipment and material to construct the proposed trail, sidewalk and ditch works from Baseline Road to the existing trail south of the CNR corridor: • Identify to the Contract Administrator, prior to commencing excavation, the off-site location(s) that will receive surplus excavated material from the project site and provide all documentation necessary to confirm that the identified locations are fully permitted to receive such material. • Removal and disposal of existing asphalt trail, including all saw-cutting and grinding as necessary. • Stripping and stockpiling a sufficient quantity of acceptable topsoil for screening and reuse. • Stripping, removal of all excess topsoil and organic material including disposal to an approved off-site location provided by the Contractor. • Excavate native and other in-situ material and establish grades to facilitate the proposed works in accordance with the Contract Drawings. Surplus excavated material shall be disposed of at approved locations arranged for by the Contractor. • Fill and grade, including all required compaction, utilizing approved salvaged earth cut material from existing CNR bridge abutment backfill and other on-

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site excavations, as required to construct the proposed works, as shown on the Contract Drawings. • Dispose of surplus excavated material off-site at approved locations arranged for by the Contractor. Stripped topsoil is not acceptable for use in restoration of grassed/ boulevard areas. • Where required, neatly saw cut tree roots at the edge of the excavation nearest the tree. • Shape, compact and proof roll subgrades. The subgrade shall be inspected and approved by the Contract Administrator and/or their delegate prior to the placement of subsequent materials. The estimated quantities under this Item are as follows: Earth cut (including stripping & asphalt) 1,240 m3 Required fill 280 m3 Required salvaged topsoil to be reused 320 m3 Where it is found that the subgrade is unstable, or deleterious materials are encountered below subgrade within the limits of trail construction, additional excavation may be necessary. This work shall be covered under Provisional Item No. B2. Such conditions will be determined/approved by the Contract Administrator. The Contractor shall be responsible to protect/support all existing underground utilities while excavating, including hand digging where necessary. No additional payment shall be considered for any loss of production (excavation, backfilling, and compaction) in order to protect/support the existing utilities. Grading around the base of existing trees shall be minimized where at all possible. All roots must be clean cut and covered if within excavation.

3.12 Additional Depth Excavation for Trail Construction in Wet Condition (Provisional) – Item No. B2 This item shall be used where native subgrade material is deemed to be unsuitable as determined by the Contract Administrator and the geotechnical engineer. Under this Item, the Contractor shall supply all labour, equipment and material to: • Excavate, as directed by the Contract Administrator or their delegates, to locally deepen the existing trail platform to a depth where suitable sub-grade material is encountered. Extra depth excavation shall be to a maximum of

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600 mm below the typical depth of excavation as shown on the Contract Drawing. • Dispose of all excavated material off-site at an approved location arranged for by the Contractor. 3.13 Woven Geotextile at Subgrade – Item No. B3 References OPSS.MUNI 1860 Under this Item, the Contractor shall supply all labour, equipment and material to: • Place woven Terratrack 200W geotextile, or an approved equivalent, for the proposed full length of the Bowmanville Valley Trail on prepared sub-grade in accordance with the Contract Drawings and as directed by the Contract Administrator. • Overlap all seams a minimum of 600mm and pin material together in accordance with the manufacturer’s specifications. 3.14 Non-Woven Geotextile (Provisional) – Item No. B4 References OPSS.MUNI 1860 Under this Item, the Contractor shall supply all labour, equipment and material to: • Place non-woven Terrafix 420R geotextile, or an approved equivalent at locations as shown on the Contact Drawings and as directed by the Contact Administrator. • Overlap all seams a minimum of 600 mm and pin material together in accordance with the manufacturer’s specifications. 3.15 53mm Minus Clear Stone Including Non-Woven Geotextile Wrap – Items No. B5 (Provisional) and B10 These Items shall be used for the following: • Placement of ±750 mm depth of clear stone surround for stone underdrain at STA 10+270 as shown on the Contract Drawings. • Placement of ±900 mm depth of clear stone surround to provide trail sub-base at CNR Overpass. • Placement of ±900 mm depth of clear stone surround to provide trail sub-base at Highway 401 Overpass. • Provisional placement of ±450 mm depth clear stone as backfill to additional depth excavation where groundwater conditions make the placement and compaction of Granular A impractical.

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Under this Item, the Contractor shall supply all labour, equipment and material to: • Place surround of non-woven Terrafix 420R geotextile, or approved equivalent, to fully envelop clear stone material with seams neatly overlapped a minimum of 600 mm. • Cut neat holes in the non-woven geotextile to accommodate stone underdrain pipes where applicable. • Supply and place 53 mm Minus clear stone with 100% crushed particles, as per OPSS 1004 to depths as directed by the Contract Administrator. Stone shall be clear of all fines and packed/vibrated to consolidate material after placement. 3.16 Granular ‘A’ in Trail – Items No. B6 & D4 References: OPSS.MUNI 314, OPSS.MUNI 501 Payment shall be made under these Items for the supply, placement and compaction of Granular ‘A’ and Granular ‘B’ in accordance with OPSS 314 to the following depths as noted on the Contract Drawings and summarized as follows: • Concrete Ramps – Existing Sections o 25 mm Granular ‘A’ • Multi-Use Trail Base – New, Modified, Relocated Sections o 300 mm Granular ‘A’ • Concrete Pad for Site Furniture o 150 mm Granular ‘A’ The Contractor will be responsible for maintaining temporary granular surfaces until the permanent surface works are carried out. Granular ‘A’ shall not contain any RAP material and shall not be comprised of crushed limestone. Heavy compaction equipment shall not be used in the immediate vicinity of the existing and proposed culverts. Hand operated vibratory equipment shall be used adjacent to and over the top of the existing structures and slabs. If heavy wheel loads are expected over the structures during the construction period, the contractor shall provide temporary additional cover to prevent damage of any kind. Placement of Granular ‘A’ in trail base shall take place promptly as pathway excavation progresses, making sure that no pathway excavation (subgrade material) is left exposed at the end of each working day.

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3.17 100 mm Perforated Plastic Pipe Subdrain with Geotextile as per C-301 (Provisional) Item No. B8 References: OPSS.MUNI 405 This item shall be used in locations where necessitated by subsurface conditions and only as directed by the Contract Administrator. Under this Item, the Contractor shall supply all labour, equipment and material to: • Excavate for subdrain pipe to establish a trench with dimensions conforming to C-301 and constructed as an independent trenching operation, separate from subgrade excavation. The subdrain shall follow the longitudinal grade of the proposed roadway, with the invert of the subdrain a minimum depth of 300 mm below the underside of finished asphalt. • Supply and place perforated corrugated polyethylene pipe complete with geotextile sock. Subdrain Pipe shall be Canadian Standards Association (CSA) approved as per CSA 41-G.P.-29, perforated, corrugated polyethylene pipe complete with non-woven geotextile filter cloth. • Backfill with Granular ‘A’ in accordance with C-301. Granular A backfill to be paid under the Granular ‘A’ in Trail Item. • Install subdrain outlets in accordance with OPSD 206.050 as directed by the Contract Administrator at not less than six (6) locations.

3.18 150 mm PVC DR35 Pipe in Trail Under Drain – Item No. B9 Under this Item, the Contractor shall supply all labour, equipment and material to: • Embed 150 mm dia. solid (non-perforated) PVC DR35 under drain pipe in 53 mm minus in the configuration as shown on the Contract Drawings. • Install a minimum 1.0 m length of solid (non-perforated) Aluminized Type 2 CSP, 1.6 mm wall thickness, complete with rodent grates, at both ends of each proposed under drain pipe. • Fit pipe neatly into holes in non-woven geotextile fabric.

3.19 Aluminized Steel Type 2 CSP/CSPA Culverts, 2.0 mm Gauge – Items No. B15, B16 and B17 References: OPSS.MUNI 421 For the unit price bid, the Contractor shall supply all labour, equipment and material to complete the following: • Schedule operations such that culvert installations will be undertaken when the watercourses/ditches/channels are dry or at minimum flow levels.

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• Excavation including frost tapers where specified for all for all proposed culverts. All excess excavated material shall be disposed of at an off-site location arranged for by the Contractor. • Install CSP/CSPA culverts consisting of single continuous sections of the lengths shown on the Contract Drawings at the depths, slopes and elevations shown on the Contract Drawings and in accordance with OPSD 805.010 and OPSD 805.020 as applicable. All CSP/CSPA culverts shall be Aluminized Steel Type 2, Corrugated Steel Pipe, 2.0 mm gauge with five (5) annulare corrugations. • Place and compact embedment and backfill. All embedment and backfill material including frost tapers shall be Granular ‘A’ according to OPSD 802.010 & 802.020. • Frost tapers for all cross-culverts shall be completed in accordance with OPSD 803.030 & 803.031; frost penetration depth = 1.2 m • If specified, five (5) corrugation couplers shall be used to accommodate section connections. Each coupler shall be covered with a 600 mm wide strip of geotextile, non-woven Terrafix 360R or equivalent and secured to the pipe at several locations with a bonding material to prevent dislocation during backfilling operations

3.20 Hot Mix H.L. 3F (65mm Depth) – Item No. B11 The Contractor shall supply all materials, labour and equipment required for the proper execution of paving in accordance with OPSS.MUNI 310 and 311. Asphalt shall be PGAC 58-28. The Marshall Stability shall be a minimum of 5800 for H.L. 3F asphalt. Asphalt shall be machine laid, wherever possible, to the grades shown on the Contract Drawings and/or as directed by the Contract Administrator. No extra payments will be made for any hand work involved in spreading or compacting the hot mix asphalt at irregularities. The unit price bid shall include for the following • Paving of trail including hand work, as required. • Hand tamping all pathway edges to provide a 45-degree angle. The following depths of asphalt shall apply: • Bowmanville Creek Valley Trail Extension – 65 mm H.L. 3F. Heavy compaction equipment shall not be used in the immediate vicinity of the existing structures and slabs. Hand operated vibratory equipment shall be used adjacent to and over the top of the existing structures and slabs. If heavy wheel

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loads are expected over the structures during the construction period, the contractor shall provide temporary additional cover to prevent damage of any kind. The Contractor will be responsible for providing samples for Quality Assurance (QA) at random locations throughout the site as required by OPSS.MUNI 310 or as directed by the Contract Administrator. At each location, the Contractor shall take: 1. A sample for QA 2. A referee sample to be kept and stored by the Contract Administrator 3. A QC sample to be retained and tested by the Contractor. OPSS.MUNI 310 is amended in that compaction testing for this project will be undertaken with a nuclear testing device. Core sampling will only be undertaken if there is a need to confirm nuclear testing results outside of specifications. Since current testing methods do not enable ongoing monitoring (and therefore corrective action) of the asphalt, the onus shall be on the asphalt suppliers and contractors to ensure, their product fully conforms to the specifications with no allowance for ‘Borderline’ test results permitted. Those results will be deemed ‘Unacceptable’. Results falling within the rejectable range shall generally require asphalt removal. A pre-pave site meeting will be conducted to review testing procedures with the Contractor, the paving Sub-Contractor, the Contract Administrator and the Geotechnical Sub-Contractor for the project. Payment under these Items shall be adjusted for changes in the MTO Performance Graded Asphalt Cement Price Index in accordance with OPSS 310.MUNI, Appendix 310-B. A final adjustment amount will be calculated once all asphalt has been placed.

3.21 Reinforced Concrete Trail – Item No. B12 Under this item the Contractor shall provide all labour, materials and equipment as required to install the reinforced concrete trails on approach to and beneath the existing Canadian National Railway Bridge and Highway 401 as per the Contract Drawings and in accordance with OPSS 351. • Supply and install all temporary form work and falsework necessary for placement of concrete as shown on the Contract Drawings. • Supply and place all expansion joint and bond break materials between new concrete and existing structures as shown on the contract drawings.

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• Supply and place galvanized welded wire fabric (mesh) reinforcement (102 mm x 10 mm, MW 11.1 x MW 11.1) supported within form work for new concrete to achieve the required clear cover and positioning as shown on the Contract Drawings. Welded wire fabric (mesh) shall be discontinuous at transverse joints with the joint locations clearly marked prior to pouring of concrete. • Supply and place 15 m stainless steel reinforcing stirrups as shown on the Contract Drawings and tie welded wire fabric to stirrups as required. Note: All required forming and reinforcement is to be approved by the Contract Administrator prior to placing concrete. Concrete placed prior to the approval of the Contract Administrator will be removed, disposed of off-site and replaced at the expense of the Contractor. • Place concrete conforming to OPSS.MUNI 1350, with a minimum 28-day compressive strength of 30 MPa, air content of 6.5% ± 1.5% and nominal maximum coarse aggregate size of 19.0 mm. • Strike a 50 mm chamfer on all exposed concrete edges. • Finish horizontal surfaces with an even, continuous broom finish with a tooled edge that is then brushed smooth to ensure there is no visible tool marks in the finished sidewalk. • Sawcut and/or tool transverse and longitudinal contraction joints using a wet saw according to Municipal Standard Drawing C-307. Measurement for Payment will be by square metre, m2, (plan view) of concrete reinforced trail placed.

3.22 Limestone Screening Surface for Fishing Node – Item No. B13 Under this Item, the Contractor shall supply all labour, equipment and material to:

• Place and compact a minimum 100 mm depth of limestone screenings on a prepared Granular ‘A’ base adjacent to the proposed trail in the fishing node area shown on the Contract Drawings. Excavation, removal and disposal of excess material shall be paid under Item B1 and the placement of Granular ‘A’ shall be paid under Item B6. The Contract Administrator shall inspect and approve final grades of sub-grade areas prior to final course material being placed.

3.23 Asphalt Cement Price Adjustment Allowance (Provisional) – Items No. B14 The Owner will adjust the payment to the Contractor based on changes to the Ministry of Transportation’s (MTO) performance graded asphalt cement price

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index unless the Contractor opts out by notifying the Municipality in writing within five (5) business days of receiving permission to start work. Once the Contractor has opted out of payment adjustments based on the index, the Contractor will not be permitted to opt back in. The price index will be published monthly by the MTO. The MTO price index will be used to calculate the amount of the payment adjustment per tonne of new asphalt cement accepted into the Work. The price index will be based on the price, excluding taxes, FOB the depots in the area, of asphalt cement grade PG 58-28 or equivalent. One index will be used to establish and calculate the payment adjustment for all grades. A payment adjustment per tonne of new asphalt cement will be established for each month in which paving occurs when the price index for the month differs by more than 5% from the price index for the month prior to tender opening. When the price index differential is less than 5%, there will be no payment adjustment established for that month. Payment adjustments due to changes in the price index are independent of any other payment adjustments made to the hot mix tender items. The payment adjustment per tonne will apply to the quantity of new asphalt cement in the hot mix accepted into the Work during the month for which it is established. The payment adjustment for the month will be calculated from the following formulae: Asphalt Cement Price Adjustment, PA Paving Within Approved Paving Beyond Approved IP Contract Time Contract Time IP>1.05ITO PA=(IP-1.05ITO) x TAC PA=(IAT-1.05ITO) x TAC IP<0.95ITO PA=(0.95ITO-IP) x TAC Where: PA = payment adjustment for new asphalt cement, in dollars ITO = performance graded asphalt cement price index value to be used is $705.60 (July 2020) IP = performance graded asphalt cement price index for the month in which paving occurs IAT = performance graded asphalt cement price index for the month of expiry of approved Contract Time TAC = quantity of new asphalt cement in tonnes

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The quantity of new asphalt cement includes all grades of asphalt cement supplied by the Contractor with and without polymer modifiers. For each month in which a payment adjustment has been established, the quantity will be calculated using the hot mix quantity accepted into the Work and its corresponding asphalt cement content as required by the job mix formula except for mixes which contain reclaimed asphalt pavement. For mixes which contain reclaimed asphalt pavement, the quantity of new asphalt cement will be determined from the difference between the asphalt cement content required by the job mix formula and the asphalt cement content of the reclaimed asphalt pavement incorporated into the hot mix, as calculated by the Contract Administrator. For mix containing a liquid anti-stripping additive, the quantity of anti-stripping additive will be deducted from the quantity of new asphalt cement. No other deductions will be made for any other additives. For progress payment purposes, a final adjustment amount will be calculated once all asphalt has been placed.

3.24 Rip-Rap Rock Protection 150-300 mm of 450 mm depth at Culvert Inlet/Outlets – Item No. B18 References: OPSS.MUNI 511 Under this Item, the Contractor shall supply all labour, equipment and material to: • Place rip-rap at culvert ends in accordance with OPSD 810.010 (without geotextile), as shown on the Contract Drawings, and as directed by the Contract Administrator. • Complete all excavation and grading to accommodate the placement of rip- rap to the depths and finished grades as shown on the Contract Drawings and as detailed herein. Excavation is to include any minor volumes of earth overburden which is required to be excavated. • Dispose of all excess earth material off-site at a location arranged for by the Contractor. • All rip-ap shall be 150mm to 300mm diameter sound angular stone to a minimum depth of 450mm, clear of all fines that generally conforms to OPSS 1004 Rip-Rap R-10 gradation requirements.

3.25 Supply and Install Trail Signs – Items No. B19, B20, B21 Under this Item, the Contractor shall supply all labour, equipment and material to:

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• Supply and place 89 mm x 89 mm (4x4) direct burial timber posts at all locations shown on the Contract Drawings. As per OPSD 985.110. Posts shall be rough cut cedar or pressure treated timber and of sufficient height to accommodate all proposed sign panels in accordance with OPSS 703. Minimum post embedment shall be 920 mm. • Supply and install trail head information signs, property information signs and warning signs at the locations shown on the Contract Drawings. Signs shall be fabricated and supplied by the contractor with content as shown on the Contract Drawings. Sign blanks shall be 2.0 mm thick aluminium and in accordance with OPSS 2001. Sign lettering and other content shall consist of permanent, weather resistant factory applied coatings configured as shown on the Contract Drawings. • Install signs on existing posts or new posts installed by the Contractor under other items of this contract. • Install MOC custom stop signs onto new timber posts (supplied and installed by the Contactor) at locations shown on the Contract Drawings. These sign panels shall be supplied to the Contractor by the Municipality of Clarington, the Contractor shall coordinate to obtain the signs from the Municipality. Stop signs shall be mounted at a height of 1,200 to 1,500 mm from finished grade to the bottom side of the sign panel. • Install fishing node information signs onto new timber posts (supplied and installed by the Contactor) at locations shown on the Contract Drawings. These sign panels shall be supplied to the Contractor by CLOCA. The Contractor shall coordinate to obtain the signs from CLOCA. • Fasten all signs using galvanized bolts, washers and nuts, sized to suit with fibre washers installed at the sign face. 3.26 Galvanized Chain-link Fence as Per OPSD 972.130 – Item No. B22 Under this Item and for the unit price bid, the Contractor shall supply and install 1.8 m high galvanized chain-link fence with top rail in accordance with OPSD 972.130 as shown on the Contract Drawings and directed by the Contract Administrator. Fence details shall be in accordance with OPSD 972.102, 972.130 and 972.132 and installed in accordance with OPSS.MUNI 772 with materials in accordance with OPSS.MUNI 1541. Posts shall be installed plumb and straight, and all scratches shall be repaired with zinc rich paint of an approved colour. Supply and install posts, fasteners and all other materials/hardware required to connect to existing chain-link fencing and structures as shown on the Contract Drawings and/or as indicated by the Contract Administrator.

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3.27 4.9 m Farm Entrance Gate – Item No. B23 References: OPSS.771 Under this Item, the Contractor shall supply all labour, equipment and material to: • Install 4.9 m wide farm entrance gate as per OPSD 971.101 including adjacent 3.5 m long fence sections complete with brace panel hardware and components at the locations shown on the Contract Drawings. Measurement for Payment shall be by the each for a single gate of 4.9 m width. Payment made under this item shall also cover installation of two (2) 3.5 m long sections of fence with brace panel hardware and components one (1) on each side of the gate.

3.28 Post and Wire Fence – Item No. B24 References: OPSS.771 Under this Item, the Contractor shall supply all labour, equipment and material to: • Layout fence locations as directed by the Contact Administrator. Fence shall be laid-out in segment lengths of 18 m or greater. • Install post and wire fence OPSD 971.101 including all posts, fence fabric, hardware and other components for standard fence panels and brace panels. 3.29 Timber Trail Edge Protection on Concrete Footing – Item No. B25 i) Under this item the Contractor shall install the timber trail edge protection on new concrete footings, including the concrete footings, as shown on the Contract Drawings and/or as directed by the Contract Administrator. Under this Item, the Contractor shall supply all labour, equipment and material to: • Layout the alignment of the trail edge protection for approval by the Contract Administrator prior to installation • Complete minor excavation to facilitate the placement of the concrete footings. • Dispose of all excess earth material off-site at a location arranged for by the Contractor. • Supply and install 300 mm diameter sonotube for footings. • Supply and place 25 MPa concrete in footings, meeting the requirements of OPSS.MUNI 1350. • Set hot-dip galvanized steel saddles with 12 mm galvanized ribbed stems embedded min. 150 mm into concrete footings while concrete remains in a plastic state. Saddle uppers shall be a minimum 13-gauage metal.

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• Supply, cut to length and install pressure treated lumber longitudinal members and treat all saw-cut ends and faces with two coats a moisture repellent sealer in the field. • Supply all hot dipped galvanized hardware to connect pressure treated lumber longitudinal members to saddles. 3.30 Timber Trail Edge Protection on Concrete Trail – Item No. B25 ii) Under this item the Contractor shall install the timber trail edge protection on proposed concrete trail as shown on the Contract Drawings and/or as directed by the Contract Administrator. Under this Item, the Contractor shall supply all labour, equipment and material to: • Layout the alignment of the trail edge protection for approval by the Contract Administrator prior to installation • Supply, cut to length and install pressure treated lumber longitudinal members and treat all saw-cut ends and faces with two coats a moisture repellent sealer in the field. • Carefully drill into new reinforced concrete to set galvanized steel sleeve anchors and securely fasten timber members without damage to new concrete. 3.31 Permanent Debris Containment System at CNR Underpass – Item No. B26 Under this item the Contractor shall install a permanent debris containment system under the existing active Canadian National Railway (CNR) as shown on the Contract Drawings and/or as directed by the Contract Administrator. Under this Item, the Contractor shall supply all labour, equipment and material to: • Submit shop drawings for all components and hardware to the Contact Administrator for approval by CNR a minimum of three weeks before the planned start of installation. • Layout the debris containment system in the field to suit the general arrangement shown on the contract drawings. Layout to be completed using chalk, grease pencil or other suitable temporary methods for approval by the Contact Administrator prior to installation • Supply stainless steel hardware including adjustable beam clamps, eye couplers and rope connectors with threaded closures to connect the proposed debris containment system to the existing structure all in accordance with the Contact Drawings.

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• Supply and hot-dip galvanized 12 ga. steel C-channel with pre-drilled holes and connect to the existing girder flanges using approved stainless steel hardware all in accordance with the Contact Drawings. • Supply flame retardant and UV stabilized debris containment netting with a maximum opening size of 19 mm and a minimum opening size of 6 mm all in accordance with the Contact Drawings. • Install debris containment netting connected to the C-channel by 6 mm diameter 7x19 S.S. wire rope and approved stainless steel hardware and configured to allow a maximum sag of 650 mm below the bottom of existing flanges all in accordance with the Contact Drawings. 3.32 3300 x 1200 Concrete Pad c/w Prefabricated Bench – Item No. 27 Under this Item, the Contractor shall supply all labour, equipment and material to: • Complete minor excavation to facilitate the placement of Granular ‘A’ and Concrete pad. • Dispose of all excess earth material off-site at a location arranged for by the Contractor. • Supply and place, including hand work and finishing, 25MPa concrete in concrete pad, in a configuration as shown on the Contract Drawings. All concrete shall be smooth and level and given a broom finish to slightly roughen the surface. All exposed edges shall be fitted with 25 mm chamfers. • Install plaques on bench slats, to be supplied by the Municipality, as directed by the Contract Administrator. • Supply and place bench, Contour Model with arms, Grey recycled plastic slats and black frame by Classic Display, or an approved equivalent, complete with fastening to the concrete pad as per manufacturer’s recommendation, including field drilling of concrete. Shop drawings shall be submitted showing installation using tamper resistant hardware.

3.33 Plant Material – Item No. B28 All planting and related work shall be done by experienced, qualified personnel under the direction and supervision of foremen with at least five (5) years of horticultural and planting experience. Under this Item, the Contractor shall supply all labour, equipment and material to: • Where necessary, excavate for all plant material including disposal of excess material off-site at a location arranged for by the Contractor. All debris, clay lumps, roots and stones over 50 mm in diameter and other extraneous matter

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shall be removed from excavated soil to be used in backfill and disposed of off-site. • Install imported tree and shrub plant material in accordance with Municipal Standard Drawing C-508 and the layouts, details and species as noted on the Contract Drawings and outlined herein. Substitutions are not acceptable, unless otherwise approved by the Contract Administrator. Plant material labels from the nursery shall be preserved in place. All plant material shall be: o Nursery grown plants, conforming to Canadian Standards for Nursery Stock plantings provided by the Canadian Nursery Landscape Association. o Structurally sound, straight, with an intact and generally full branch structure. o Roots and root balls must be well developed free of damage or cracks. o Free of disease, rodent/insect damage, sun scald or scars. o Installed by qualified personnel under the direction of a certified horticulturist or experienced (i.e. minimum 5 years) planting supervisor. • Place mulch and/or bark mulch free of any granular and organic material, applied over planting pit areas of trees and throughout shrub beds in accordance with the Contract Drawings. A sample of the mulch to be used shall be submitted to the Contract Administrator for approval. Mulch shall be free of deleterious material such as stones, clay, gravel etc. • Place stakes and rodent guards. Placement of stakes shall be at the opinion of the Contract Administrator at the time of placement upon inspection of species. • Care for and Maintain plant material including: o Regular watering to ensure root ball moistening, growth and germination o Additional staking for trees which have exceeded a 10 degree deviation from vertical o Weeding at tree bases throughout the root ball o Pruning and removal of broken/dead branches • Remove rodent guards and stakes at the end of the warranty period and upon final acceptance. • Replace all plant material which is deemed unsatisfactory, or without prospect for growth and longevity by the Contract Administrator within the Contract Warranty period including: o Removal and disposal of existing plant material o Replacement with originally specified species, as specified herein o Extension of warranty on replacement plant material equal to the original warranty period.

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• Attend a final plant material inspection meeting at the end of the warranty period. The Contract Administrator and/or Owner may extend the warranty period on plant material an additional one (1) year if the health and prospect for growth is deemed unacceptable at the time of the final inspection meeting.

3.34 Topsoil – Items No. B30 References: OPSS.MUNI 802 A sufficient quantity of stripped topsoil shall be stockpiled on site as per Items No. B1 and reused in the restoration of disturbed areas. Any surplus topsoil material, extra to these requirements, shall be removed and disposed of off-site by the Contractor and paid under Item No. B1. Under this Item, the Contractor shall supply all labour, equipment and material to: • Prior to placing topsoil, ensure that all stones, sticks and construction debris are removed from the area to receive topsoil. • Screen stockpiled topsoil material prior to placement to remove all debris and deleterious objects. • Place 150mm depth of excavated and screened topsoil at all disturbed vegetated areas, as shown on the Contract Drawings, and as directed by the Contract Administrator. The finished grading and depth of topsoil shall be approved by the Contract Administrator prior to placing seed or sod. Any seed or sod placed prior to approval of the topsoil material shall be deemed to be unacceptable. • Review topsoil grading with the Contract Administrator and correct deficiencies as directed prior to placement of seed or sod material.

3.35 Blower Truck Seed Application – Item No. B31 All work under this Item shall be performed by acceptable specialist personnel or subcontractor using workers experienced in blower truck application of seed. Under this Item, the Contractor shall supply all labour, equipment and material to: • Construct and maintain a new vegetated surface composed of an organic growing medium mixed with seed at the locations indicated on the Contract Drawings and conforming to the requirements of OPSS.MUNI 804. Growing Medium • The growing medium shall be TerraseedTM / Eco-BlanketTM Organic Soil Amendment or approved equal.

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• The growing medium shall consist of 100% well-decomposed composted organic material produced by composting sites who meet or exceed Ministry of the Environment Conservation and Parks (MECP) O. Reg. 101/94 for Recycling and Compositing of Municipal Waste as well as meeting the Canadian Council of Ministers of the Environment’s (CCME) definition for Type “A” Compost. A proof of compost quality meeting CCME guidelines by an approved laboratory shall be submitted to the engineer for approval prior to installation • The growing medium shall consist of an acceptable particle size gradation with all at least 99% of all particles passing through a 25 mm sieve. Seed Mixes • Seed mix material shall consist of the following applied at the rates and locations as shown on the Contract Drawings and using growing medium specified: o Creek Bank Native Mixture 8215 by OSC or approved equal. o Annual Ryegrass Nurse Crop Mixture 7115 by OSC or approved equal to be mixed with Creek Bank mixture. Application and Placement • Growing medium and seed shall be uniformly applied directly at the soil surface with a pneumatic blower unit. • The pneumatic blower unit shall be a purpose manufactured, fully integrated, truck-mounted unit. The blower unit shall be equipped with a computer- calibrated seed injection system and shall be capable of uniformly applying growing medium and seed at a rate greater than 0.25 cubic meters of material per minute. The blower truck shall also be equipped with an application hose capable of extending 90 meters from the blower truck unit. • Application depths and growing medium shall be as follows: o Creek Bank native mix and annual ryegrass nurse crop in Eco-Blanket medium to a depth of 50 mm and including a tackifier. • Where indicated tackifier shall be added to aid in immediate stabilization of the growing medium and seed within the blower truck seed application and to enhance the ability of the growing medium to bond with the soil surface. • All seed application shall be completed within the timing guidelines recommended by the Ontario Ministry of Agriculture, Food and Rural Affairs specific to the growing region where the site is located.

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Payment • The unit prices for seeding shall constitute full compensation for supplying and placing; watering and fertilizer application as required; and for all labour, equipment and materials necessary to complete the work. • Payment shall be released by 50% upon placement of the Terraseed and/or Eco-Blanket, and the remaining 50% will be released 30 days after satisfactory germination of the permanent seed species. Satisfactory germination shall be as specified for the 90 day inspection in OPSS.MUNI 804.

3.36 Dewatering Including Coffer Dams & Fish Rescue – Item No. C1 References: OPSS.MUNI 182, OPSS.MUNI 518, OPSS.MUNI 805 Under this Item, the Contractor shall supply all labour, equipment and material to: • Submit temporary diversion or dewatering schemes for each stage of the erosion control works construction that generally conforms to the arrangements shown on the Contract Drawings. Submissions shall be provided to the Contract Administrator at three (3) working days prior to proposed implementation and shall clearly illustrate the following: o staging and sequencing with diagrams/drawings; o the location of all pumps and filtration systems including the size and location of associated screens, sediment traps, etc.; o the location of coffer dams including the size, material, horizontal and vertical extents, freeboard, etc.; o diversion channels and pipes including the location, size, type/composition, slopes and flow capacity; and o temporary erosion mitigation measures – armouring of temporary inverts, splash pads, etc. • The Contractor shall note that the diversion or dewatering schemes shown on the Contract Drawings and as detailed herein are regarded as conceptual minimum requirements, which have been previously reviewed with the Approving Authorities. • The design of temporary diversion or dewatering schemes shall be the sole responsibility of the Contractor and are subject to the approval of the Contract Administrator, prior to implementation. • Temporary diversion or dewatering schemes shall not impact upstream or downstream watercourse flows and shall be constructed utilizing non-erodible native materials or clean, imported materials which will not transmit deleterious material to the watercourse (suitable materials include: sandbags filled with pea gravel, durable pre-cast concrete or similar).

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• In order to minimize the extent of dewatering activities, work shall be planned for periods of successive forecasted dry days without rainfall. The amount of time working within the watercourse and the associated pumping shall be minimized. • Retain, as necessary, a qualified aquatic biologist/ecologist to prepare and submit an Application for a License to Collect Fish for Scientific Purposes to the Ontario Ministry of Natural Resources and Forestry (MNRF) and obtain the necessary License/Permits to undertake fish rescue operations associated with all stages of the dewatering work. • Engage a qualified aquatic biologist/ecologist to undertake fish rescue fish rescue operations associated with all stages of the dewatering work. All fish rescue, salvage and transfer activities shall be undertaken in full conformance with the conditions of License/Permits obtained from MNRF and any other applicable fish and wildlife regulations. • Engage a qualified aquatic biologist/ecologist to undertake fish rescue fish rescue operations associated with all stages of the dewatering work. All fish rescue, salvage and transfer activities shall be undertaken in full conformance with the conditions of License/Permits obtained from MNRF and any other applicable fish and wildlife regulations. • During each stage of the dewatering operation the Contractor and their aquatic biologist/ecologist shall: o Attend a pre-dewatering site meeting with the Contract Administrator to review methodology and timing of the fish transfer activities. o Monitor the existing watercourse flow and depth to determine locations of pools and standing water which will remain after initial dewatering activities. o Construct the temporary watercourse dewatering or diversion scheme generally in an upstream to downstream direction and allow all work areas to drain by gravity, wherever possible. Prior to completing construction of the dewatering or diversion scheme encourage fish to migrate out of the work area naturally as water levels recede. o Complete the construction of the temporary watercourse dewatering or diversion scheme to fully isolate the work area. Rescue/salvage fish and crustaceans (i.e. crayfish) remaining within the dewatered by utilizing seine nets, dip nets, transfer buckets, elector etc. Fish and crustaceans shall be handled, evaluated and transferred or disposed of in keeping with conditions of License/Permits obtained from MNRF and any other applicable fish and wildlife regulations.

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o Complete any required Electro-fishing of pools or low areas within the dewatered work area that are too deep to be effectively cleared by netting and transfer. • Divert or dewater the watercourse in stages such that the watercourse is conveyed in its’ entirety by the temporary diversion or dewatering scheme and allows all work to be completed in a dry condition. • Construct cofferdam(s) to isolate the work areas from the creek flow and divert storm sewer discharge away from the work area. • The cofferdams shall be constructed to sufficient horizontal and vertical limits to allow creek flow to be conveyed, in its’ entirety, in a staged configuration as detailed on the Contract Drawings. • Construct a sediment trap upstream of the downstream coffer dam that is sufficiently sized to capture and contain any sediment that may be washed downstream during the works. • Maintain the temporary dewatering/diversion scheme including reinforcing of structures, cleaning of sediment traps, etc. • Remove the temporary dewatering/diversion scheme upon completion of the works. Removal shall be a slow disassembly of the dewatering/diversion scheme. The Contractor shall not disturb the newly constructed works or travel in the active watercourse with equipment to facilitate the removals.

3.37 Excavation Unwatering (Boulders and Abutments) – Item No. C2 References: OPSS.MUNI 182, OPSS.MUNI 518 Under this Item, the Contractor shall supply all labour, equipment and material to: • Pump all excavations associated with trail platforms, erosion protection and other aspects of the work in the vicinity of active watercourses to ensure the works are constructed in a dry condition to the configurations and dimensions shown on the Contract Drawings. • Excavation pumping shall be discharged immediately into a settling basin or filtration bag for processing prior to allowing water to re-enter the watercourse. Settling basins or filtration bags shall be maintained to ensure they remain fully operative for the duration of the Contract. Disposal of built- up sediment shall be removed off-site at a location arranged for by the Contractor. If the Contract Administrator deems that the dewatering arrangements are failing to provide adequate removal of sediment than the Contactor shall suspend unwatering operations until such time as an improved arrangement has been implemented to the satisfaction of the Contract Administrator.

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• Periodically pump standing water and remove accumulated material from sediment traps within the dewatered work area. • Place temporary rock protection, geotextile or other materials as required to prevent erosion resultant from unwatering operations. 3.38 Sediment Removal on East Creek Bank – Item No. C3 For the unit price bid, the Contractor shall supply all labour, equipment and material to complete the following: • Five (5) working days before sediment removal, the Contractor shall submit to the Contract Administrator copies of the containment, handling drying and/or processing methodology. • Remove sediment from the watercourse to an extent that exposes the underlying gabion stone baskets without undue damage to the baskets. Utilize vacuum and/or excavation equipment to complete removal, in stages if necessary, due to the saturated “slurry” nature of the sediment. • Remove and dispose, off-site of sediment at an approved location, arranged for by the Contractor. All material removed from site shall be hauled in sealed trucks/containers is it is in a liquid or slurry state. • Decommission and dispose of any sediment containment, drying, processing area. • Restore all disturbed areas to their original grades and restore surfaces with topsoil and seed to the satisfaction of the Contract Administrator. • Remove and dispose temporary siltation controls. All excess materials shall be managed, handled, transported and disposed of at suitable locations, in accordance with applicable Municipal, Provincial, Federal and locally governing Conservation Authority jurisdictions, policies and legislations. The Contractor shall provide the Contract Administrator with the proposed disposal location two (2) weeks prior to the commencement of sediment removal including Municipal by-law approvals for the site accepting the material. Measurement of the purpose of payment under this item shall be made by the cubic metre of sediment excavated, processed and removed from site. The Contractor will be responsible for providing volume measurements and other details including soil description, source site, and receiving site details.

3.39 Armour Stone – Item No. C4 Under this Item, the Contractor shall supply all labour, equipment and material to:

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• Complete all excavation and grading to allow for placement of armour stone in the configuration shown on the Contract Drawings. Disposal of all surplus excavated material shall be off-site at a location arranged for by the Contractor. • Level and construct excavations for armour stone foundations on undisturbed native subgrade. • Source and select armour stone consisting of sound limestone or granite which is free of variations such as fossils, fractures, fissures, segments, seams or breaks. The armour stone shall be of size, weight and dimensions as shown on the Contract Drawings and be selected to meet the design dimensions and provide consistency. The stones shall be selected on the basis of their rectangular cleavage (to facilitate assembly in the desired shape), soundness and size. The stones shall be selected by the Contract Administrator and a Contractor representative at the quarry source. The Contractor shall notify the Contract Administrator a minimum of 72 hours prior to the Quarry visit to arrange a meeting. The Contractor shall not revise the source of the Armour Stone, without approval of the Contract Administrator. • Place armour stone in a “running bond” configuration consistent with the arrangement, layout and elevations shown on the Contract Drawings. Armour stone shall be placed with tight (less than 75mm gap) joints between stones. All joints and voids shall be filled with 25 to 75mm dia. angular clear stone as required to prevent loss of filter stone material from behind the finished armour stone structure.

3.40 G-10 Gabion Stone Filter Stone, Including Non-woven GeoTextile – Item No. C5 Under this Item, the Contractor shall supply all labour, equipment and material to: • Complete all excavation and grading to allow for placement of filter stone in the configuration shown on the Contract Drawings. Disposal of all surplus excavated material shall be off-site at a location arranged for by the Contractor. • Source filter stone that shall be clean and sound angular stone, clear of all fines that meets the gradation requirements for G-10 Gabion Stone as per OPSS 1004. • Place filter stone as backfill to armour stone walls, as indicated on the Contract Drawings. Placement shall ensure all openings, voids and joints are adequately filled to prevent the loss of material, including hand placement, as required.

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• Place complete surround of non-woven Terrafix 420R geotextile, or approved equivalent in a configuration to prevent the entry of fine material into the filter stone.

3.41 Re-Use Salvaged Rock Protection – Item C6 This item shall cover the placement of rock protection material salvaged from the removal of the existing railway bridge abutment at the locations between the proposed trail and proposed armour stone walls on the approaches to the crossing under Highway 401. Under this Item, the Contractor shall supply all labour, equipment and material to: • Haul salvaged rock protection material from the Contractor’s stockpile location to the placement locations between STA 10+310 and STA 10+390. • Place salvaged rock protection at the locations shown on the contract drawings to a nominal depth of 600 mm. • Shape rock protection to provide a uninform surface with minimal deviation such that no portions of the rock protection are situated at an elevation about that of the adjacent trail. 3.42 Gabion Baskets – Item No. C7 References: OPSS.MUNI 512, OPSS.MUNI 1430 Under this Item, the Contractor shall supply all labour, equipment and material to: • Complete all excavation and grading to allow for placement of Gabion Baskets in the configuration shown on the Contract Drawings. Excavation shall be carefully completed using appropriate methods and equipment to prevent damage to the existing underlying gabion mattress scour protection. • Dispose of all surplus excavated material shall be off-site at a location arranged for by the Contractor. • Supply galvanized gabion baskets manufactured from 8x10 double twisted hexagonal woven steel wire mesh with a nominal mesh opening of D as per ASTM A975-97 coated with PVC material having a nominal thickness of minimum 0.5 mm. All components of individual gabion baskets shall be mechanically connected at the production facility. • Assemble pre-connected gabion baskets in accordance with the manufacturer’s recommendations and shape new gabion baskets to match the configuration of underlying gabion mattress scour protection. Gabion baskets shall be assembled to have internal diaphragms spaced at 1.0m centres.

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• Place gabion baskets as per Contract Drawings and/or as directed by the Contract Administrator and fasten (lace/tie) new gabion baskets together to form a continuous structure in accordance with the manufacturer’s recommendations using tie-wire supplied by the manufacturer and tie new gabion baskets to existing gabion mattress as shown on the Contract Drawings using tie-wire material supplied by the manufacturer. • Fill gabion baskets with sound quarried angular stone conforming to the requirements of G-10 gabion stone as per OPSS 1004. Stone shall be o Placed in a careful manner that avoids damage to PVC coatings. o Placed in even lifts such that the level of stone in any basket is not more than 300 mm higher than the level in adjacent baskets/cells. o Hand manipulated after each lift to minimize voids and achieve the maximum density of stone fill. o Hand adjusted in exposed vertical faces to ensure a consist uninform plane free of voids. • Place non-woven geotextile in gabion baskets at the location shown on the Contract Drawings to accommodate pouring of the concrete cap as shown on the Contract Drawings. • Accommodate the placement of stainless steel reinforcing bar stirrups during the filling of the gabion baskets to provide for a plum installation at the required spacing and provide for the minimum embedment in the concrete cap all as shown on the Contract Drawings. Reinforcing steel shall be included for payment under item B12 i) of this Contract 3.43 500-1000 mm Boulders in Bank Protection - Item No. C8 Under this Item, the Contractor shall supply all labour, equipment and material to: • Complete all excavation and grading to allow for placement of boulders in the configurations shown on the Contract Drawings. • Disposal of all surplus excavated material shall be off-site at a location arranged for by the Contractor. • Place imported naturally rounded boulder stones at the following locations, which meet the following gradation and embedment requirements, as indicated on the Contract Drawings: o 500 mm to 1,000 mm Dia. Boulders placed “in the dry” at the limits of the proposed armour stone walls at both the CNR and Highway 401 Overpasses as shown on the Contract Drawings. The lowest course of boulders shall be embedded in the watercourse invert a minimum of 2/3 boulder diameter. Boulders at ends shall be turned into the existing embankments. Place boulders with sufficient batter to ensure each course is stably founded on the course below. Minimum batter between courses

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shall be 300 mm. o 500 mm to 750 mm Dia. Boulders placed at various locations as directed by the Contract Administrator to stabilize toe of slopes and embankments.

3.44 Riverstone – Item No. C9 Under this Item, the Contractor shall supply all labour, equipment and material to: • Supply clean and sound naturally rounded river stone, clear of all fines that meets the following gradation requirements: o 0% Larger Than 300 mm o 40% Larger Than 225 mm o 100% Larger Than 150 mm • Complete all excavation and grading to allow for placement of Riverstone in the configurations shown on the Contract Drawings. Disposal of all surplus excavated material shall be off-site at a location arranged for by the Contractor. • Place river stone at the following locations, as indicated on the Contract Drawings: o In scour protection apron adjacent to toe boulders. o Interspersed throughout the boulder revetment to fill voids and ensure a snug and locked fit, including hand placement of river stone, as necessary. o Disturbed areas of the existing channel bed and the areas of newly constructed channel bed, as directed by the Contract Administrator. 3.45 750-1250 mm Boulders in Boulder Vanes and Boulder Clusters – Item No. C10 Under this Item, the Contractor shall supply all labour, equipment and material to: • Layout the boulder vane and boulder cluster locations for review and approval by the Contract Administrator using steel stakes driven into the creek bed. • Temporarily place 1 cubic metre volume sandbags or armour stone blocks as flow deflectors immediately up stream of the locations to be excavated for boulder vane and boulder cluster construction. Flow deflectors shall be placed such that the majority of the active creek flows are deflected around the work area and water velocities in the work area are substantially reduced. • Complete all excavation and grading to allow for placement of boulders in the configurations shown on the Contract Drawings. • Disposal of all surplus excavated material shall be off-site at a location arranged for by the Contractor.

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• Place imported naturally rounded boulder stones at the following locations, which meet the following gradation and embedment requirements, as indicated on the Contract Drawings: o 750 mm to 1,250 mm Dia. Boulders placed “in the wet” in boulder vanes and boulder clusters to form J-Hook structures as shown on the Contract Drawings including the placement of select smaller diameter filler boulders on the upstream side of boulder vane and boulder cluster structures. 3.46 Removal of Concrete Curb and Gutter – Item No. D1 Under this Item, the Contractor shall supply all labour, equipment and material to: • Sawcut the full depth of the concrete, regardless of depth, at the limits of removal as shown on the Contract Drawings. Saw-cuts shall be full depth plunge cuts. • Remove of concrete curb and gutter by suitable methods to ensure that there is no damage to the existing edge of asphalt that is to remain. • Disposal of concrete rubble resulting from curb and gutter removal at an approved off-site location, arranged for by the Contractor. • Protect the existing edges of asphalt from damage until placement of concrete. Should the edge be damaged, the Contract Administrator shall be entitled to request that the asphalt be cut, disposed of and restored at no additional cost. • No additional payment will be made for works incurred where reinforcing steel (re-bar) is a part of, or connected to, any of the items to be removed. Any reinforcing steel encountered shall be neatly trimmed at the limits of removals 3.47 Removal of Concrete Sidewalk and Asphalt Trail – Item No. D2 Under this Item, the Contractor shall supply all labour, equipment and material to: • Sawcut the full depth of the concrete or asphalt, regardless of depth, at the limits of removal as shown on the Contract Drawings and agreed upon by the Contract Administrator. Saw-cuts shall be full depth plunge cuts. • Remove concrete sidewalk and asphalt trail by suitable methods to ensure that there is no damage to the existing edge of concrete/asphalt that is to remain. • Dispose of concrete and asphalt rubble resulting from removals at an approved off-site location arranged for by the Contractor. • Protect the existing saw cut edges from damage until placement of concrete. Should the edge be damaged, the Contract Administrator shall be entitled to request that the concrete or asphalt be re-cut, disposed of and restored at no additional cost.

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No consideration for payment will be made for damaged or removed sidewalk due to Contractor negligence and/or carelessness. The unit price bid shall include for removal of concrete by jack hammer if required to ensure that there is no damage to existing sidewalk or curb and gutter.

3.48 Concrete Curb and Gutter as per C-302 – Item No. D3 This item shall include all labour, materials and equipment as required to install concrete curb and gutter as per the Contract Drawings in accordance with OPSS 353 and Clarington Standard C-302. • Place form work for new curbs at the locations shown on the Contract Drawings and in accordance with Clarington Standard C-302 and the following details: o efforts made to use the existing edge of asphalt form the front face of the proposed gutter. o provide 50 mm sidewalk ledge (key) at back of curb within the limits of all proposed sidewalk ramps as per C-302. o incorporate intersection depression as per C-302 to suite sidewalk ramp requirements. • Pour new curbs with concrete that shall conform to OPSS.MUNI 1350, with a minimum 28-day compressive strength of 32 MPa, air content of 6.5% +/- 1.5% and nominal maximum coarse aggregate size of 19.0mm. • Apply Curing compound within 1 hour of finishing. • Saw cut curb. Subsection 353.07.07 of OPSS.MUNI 353 is amended in that transverse jointing of curb and gutter shall be at a maximum spacing of 3.0 m. 3.49 Concrete Sidewalk and Ramps – Item No. D5 This item shall include all labour, materials and equipment as required to install concrete sidewalk and ramps as per the Contract Drawings in accordance with OPSS 351 and Clarington Standard C-307. • Excavate existing granular base and native soil a suitable depth to accommodate the proposed sidewalk and ramp profiles as shown on the Contract Drawings and to a depth sufficient to accommodate new sidewalk and new granular base material. • Place 100 mm depth of Granular A base below all new sidewalks and compact of 98% S.P.D.D.

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• Form and pour new sidewalks and ramps to achieve the configurations, slopes and grades as shown on the Contract Drawings Concrete shall conform to OPSS.MUNI 1350, with a minimum 28-day compressive strength of 32 MPa, air content of 6.5% +/- 1.5% and nominal maximum coarse aggregate size of 19.0 mm. • Place Denso Tape at the joint between the concrete and the multiuse path asphalt interface, with the concrete being poured first. • Provide expansion joints at all locations where new sidewalk abuts existing sidewalk. • Finish sidewalk with an even, continuous broom finish with a tooled edge that is then brushed smooth to ensure there is no visible tool marks in the finished sidewalk. • Apply Curing compound within 1 hour of finishing. • Sawcut and/or tool transverse and longitudinal contraction joints using a wet saw according to Municipal Standard Drawing C-307. Note that in accordance with Municipal Standard Drawing C-307, contraction joints depth to a minimum of 25% of concrete sidewalk depth shall be achieved with the use of hand tooling.

3.50 600 mm x 600 mm Tactile Walking Surface Indicators – Item No. D6 Under this Item, the Contractor shall supply all labour, equipment and material to: • Layout the tactile surface indicators at each proposed ramp for approval by the Contract Administrator prior to installation. • Supply and Install Tactile Plates in accordance with Municipal Standard Drawing C-307, OPSD 310.033 & 310.039 and the Contract Drawings. Measurement for payment shall be based on a count of each 600 mm x 600 mm tactile walking surface indicator plate installed in each concrete sidewalk ramp.

3.51 3.3 m Tapered Aluminium Pole – Base Mounted – Item No. D7 Under this Item for the lump sum price bid the Contractor shall supply all labour, equipment and material to: • Excavate for the installation of concrete pole bases at the locations shown on the Contract Drawings and dispose of all excavated material off-site at an approved location arranged for by the Contactor. • Install concrete footings in accordance with OPSD 2200.04 at locations shown on the Contract Drawings including anchorage assemblies as per OPSD 2215.02.

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• Submit shop drawings for 3.3 m height tapered aluminium poles with 4.775 mm wall thickness and integral base plates in accordance with OPSD 2414.010. Pole materials, production and all other details shall be in conformance with OPSS.MUNI 2452. • Supply approved 3.3 m height tapered aluminium poles with base plates in accordance with OPSD 2414.010. • Install poles on footings using frangible bases with frangible couplers or non- frangible base as per OPSD 2215.03 in accordance with the type of base indicated on the Contract Drawings.

3.52 Electronic Traffic Control Devices – Item No. D8 Under this Item for the lump sum price bid the Contractor shall supply all labour, equipment and material to supply, install and commission a complete and functional actuated solar powered system consisting of two Rectangular Rapid Flashing Beacons (RRFBs). The RRFB systems shall be Carmanah Traffic R920-F systems or approved equivalent including: • Integrated controller systems with programable user interface capable of wireless connection. • 2 x back to back mounted RRFBs that are IA-21 and MUTCDC compliant consisting of: o purpose-built light bar that exceeds SAE J595 class 1 intensity by 2.5x o 3-inch (76 mm) x 7-inch clear UV-rated polycarbonate lenses with high- power yellow LEDs having +90% lumen maintenance (L90) as per IES LM-80 o Side-emitting pedestrian confirmation LEDs o Stainless steel mounting brackets designed to accommodate the required back-to-back installation o Aluminium housing with black powder coat finish • 2x 30 W high-efficiency photovoltaic cells (one per RRFB) or an equivalent single cell to be mounted at 45-degree tilt; • 2x 12V 34 Ahr batteries (one per RRFB) or an equivalent single battery having a design service life of 5-years and configured for tool-less battery change and connection. • Vented, lockable weatherproof aluminum enclosure(s) with black powder coat finish for batteries and controller. • 2x Polara Bulldog non-latching pedestrian pushbuttons in yellow colour (model BDLM3-Y) mounted using Bulldog pole mounts in yellow colour (model BDPM3-Y) or approved equivalent. • All incidental, wiring, connectors, fasteners and other hardware

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• Initial configuration testing and commissioning of the system to the satisfaction of the Contract Administrator and the Municipality of Clarington. As a result, of height restrictions due to existing overhead utilities the RRFBs and solar panels shall be mounted on separate poles as shown on the Contract Drawings with no pole exceeding a total height of 3.3 m.

3.53 Wiring in 50mm PVC Conduit – Item No. D9 For the lump sum price bid, the Contractor shall supply all labour, equipment and material to install all power supply and communications wiring required to connect poles P1, P2 and P3 to provide for functional actuated solar powered Rectangular Rapid Flashing Beacon system as shown on the Contract Drawings and detailed elsewhere herein. This shall include: • Install 50 mm diameter PVC conduit at the locations shown on the Contract Drawings in accordance with the following. o Installation in grassed areas may be by open trench methods installation under paved areas (Baseline Road) shall be accomplished by Horizontal Directional Drill (HDD) methods. o Conduit installation depth shall be 0.60 m except for locations where conflicts with other utilities including roadway subdrain require the duct to be lowered. o All rigid PVC conduit shall conform to the requirements of the Canadian Standards Association (CSA) Standard C22.2, No. 211.2. Couplings, as manufactured by the manufacturer of the conduit supplied, shall be used to join the sections of rigid conduit and shall be installed to provide a tight fit in accordance with the manufacturer’s recommended practice for joining conduit. Care shall be taken to ensure that couplings are not split or damaged in any way which would allow the seepage of water and/or foreign material into the conduit. o Backfill shall conform to the requirements of OPSS.MUNI 1010 for Granular ‘A’ and Granular ‘B’ Type 1 and shall be compacted to 100% maximum dry density. Granular ‘B’ Type 1 backfill shall be used up to the elevation where Granular ‘A’ is shown on the typical sections in the Contract Drawings. Earth backfill shall be compacted to 95% maximum dry density. • Disposal of all surplus excavated material off-site at an approved location arranged for by the Contactor. • Install inside of PVC conduit all necessary wiring of the required type and gauge to make all required power and communications connections.

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3.54 Traffic Signs – Item No. D10 Under this Item, the Contractor shall supply all labour, equipment and material to: • Layout all new and relocated signs and obtain the Contract Administrator’s approval of sign locations and offsets prior to installing posts or other components. Sign offset shall be in accordance with Ontario Traffic Manual Book 1B. • Obtain locates for all posts that may be beyond the limits of the site for which the Contractor has previously obtained locates or for which locates have expired. • Supply and install hot dip galvanized steel U-flange posts, complete with required galvanized hardware, as per OPSD 990.110 at the locations shown on the Contract Drawings and as approved by the Contract Administrator. Posts shall be of sufficient height to accommodate all proposed sign panels in accordance with OPSS 703 and height requirements as outlined in Ontario Traffic Manual Book 1B. Minimum post embedment shall be 900 mm. • Supply and install high intensity retro-reflective regulatory and warning signs at locations shown on the Contract drawings. Sign blanks shall be 2.0 mm thick aluminium and in accordance with OPSS 2001. Sign lettering and other content shall consist of permanent, weather resistant factory applied coatings configured as shown in the relevant sections of the Ontario Traffic Manual. • Fasten all signs using 75 mm (3-inch) electro galvanized bolts, spacers, washers and nuts, sized to suit with fibre washers installed at the sign face. Payment shall be by the each for posts and each individual sign panel.

3.55 Pavement Markings – Items No. B29 & D11 Under this Item, the Contractor shall supply all labour, equipment and material to: • Layout all pavement markings and obtain the Contract Administrator’s approval prior to scheduling the application of pavement markings. • Sweep, flush and prepare paved services for pavement marking application. • Apply permanent pavement markings of the type and configuration shown on the Contract Drawings in accordance with OPSS 1710 with additional details in accordance with the following: o Where identified as “Traffic Paint” pavement markings shall be Organic Solvent Based Traffic Paint in accordance with OPSS 1712 or Water- Borne Traffic Paint in accordance with OPSS 1716. o Where identified as “Durable Paint” pavement markings shall be screed applied Thermoplastic in accordance with OPSS 1713 or field-reacted polymer in accordance with OPSS 1714.

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o Reflectorizing glass beads shall be in accordance with OPSS 1750. o All pavement markings shall be Ontario White or Ontario Yellow in colour. Measurement for payment of cross walk lines, centerlines and edge lines shall be linear metres of paint applied including gaps/skip, and measurement for payment of traffic symbols shall be for each symbol applied. Measurement for hatching shall be square meters, including the markings around the perimeter of the hatching.

3.56 P-Gates Set – Item No. D12 Under this Item, the Contractor shall supply all labour, equipment and material to: • Layout the proposed gates relative to site features and obtain approval for the layout from the Contract Administrator prior to installation. • Install P-Gates as shown on the Contract Drawings and/or as directed by the Contract Administrator including gate including foundations, concrete, posts, frames, reflective tape, hinges, fasteners and all other materials required as shown on the Contract Drawings shall be included in the Bid Item. Payment to be made for each gate set consisting of two (2) posts per gate regardless of width.

3.57 Bonds, Insurance and Maintenance Security – Item No. E1 Reference: Section 1 – Instruction to Bidders Section 2 – Special Provisions – General Section 4 – Standard Terms and Conditions Include: 1. 100% Performance and Guaranteed Maintenance Bond for 24 months. 2. 100% Labour and Materials Payment Bond. 3. Liability Insurance based on the Contract Price. 100% payment of this Item shall be made on the first Payment Certificate.

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3.58 Mobilization and Demobilization – Item No. E2 Reference: Section 2 – Special Provisions – General OPSS.MUNI 706 OTM Book 7 – Jan. 2014 The contract price stated in the Tender Form for this Item shall be compensation for the following: 1. Security protection of the Contractor’s office, plant and sorted materials during the course of the Contract. This extends to the entire construction site and includes any required construction safety fencing required to secure open trenches and/or delineate the public from construction activities. 2. Moving onto the site and setting up the Contractor’s office, storage facilities, plant, etc. 3. Providing all necessary access to the project including temporary haul and access driveways as required and the restoration of the surfaces to their original condition after the haul roads and access driveways are removed. 4. Moving off the site and removal of the Contractor’s office, storage facilities, plant, etc. 5. Mobilization and Demobilization, as required, to facilitate Construction Staging, Traffic Detouring and Sequencing in accordance with Special Provisions – General. 6. Supply and maintain traffic control and signing as specified in the Special Provisions – General Requirements and the Ontario Traffic Manual Book 7 - January 2014, as well as the provisions of Ontario Regulation 213/91, Sections 67, 68, 69 and 69.1. Payment will be made as follows: • 50% of the lump sum stated in the Tender Form for this Item will be paid on the first Payment Certificate; and, • The 50% balance will be paid on the Payment Certificate following issuance of the Certificate of Substantial Performance.

3.59 Traffic Control – Item E3 Reference: OTM Book 7, O.Reg. 213/91 Construction Projects, OPSS.MUNI 706.

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Traffic control and temporary traffic control, flag persons, traffic controllers (pilot vehicle), signage and flagging shall be provided by the Contractor in accordance with the most recent Ontario Traffic Manual, Book 7 or part thereof and O. Reg. 213/91 Construction Projects and as required under OPSS.MUNI 706. The Contractor shall be responsible for maintaining existing traffic and street signs during construction and shall supply, erect and maintain all signs, barricades, flashers, delineators, flashing lights and such other protection as may be required by the County to protect workers and the public during the course of the Contract including supplying properly trained and properly attired flag personnel. The Contractor shall be responsible for preparing a Traffic Control and Protection Plan, to comply with the Ontario Traffic Manual, Book 7. Multiple traffic control and protection plans shall be prepared as required for the various stages of the work that may require different traffic control arrangements. The Contractor is to submit copies of the traffic control plans to the Contractor Administrator for review a minimum of 7-days prior to implementing any traffic control measures. Vehicular Traffic must always be maintained by temporary conditions or approved new construction. One lane of traffic must be maintained at all times during the working day with the roadway opened to two lanes of traffic outside of working hours (i.e. nights and weekends). Use of a pilot vehicle to direct traffic through the job site will be at the approval of the Contract Administrator. All vehicular traffic movements at intersections shall be maintained at all times. Pedestrian/Cyclist movements shall be maintained at all times. Quality Assurance In the event of failure of traffic control and temporary traffic control measures, the Contract Administrator shall notify the Contractor in writing of the location and scope of the failure. Upon receipt of notification of failure of traffic control and temporary traffic control measures, the Contractor shall immediately cease operations and restore a satisfactory condition within 24 hours of notification, all to the satisfaction of the Contract Administrator. Measurement for Payment Payment shall be based on OPSS.MUNI 706, all in accordance with the unit price bid for all items in the Form of Tender.

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4. Standard Terms and Conditions

4.1 Definitions

Municipality - The Corporation of the Municipality of Clarington, its successors and assigns.

Bidder - The person, firm or corporation submitting a bid to the Municipality.

Company - The person, contractor, firm or corporation to whom the Municipality has awarded the Contract, its successors and assigns.

Contract - The purchase order authorizing the Company to perform the work, purchase order alterations, the document and addenda, the bid, and surety.

Subcontractor - A person, firm or corporation having a contract with the Company for, or any part of, the work.

Document - The document(s) issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document.

Bid - An offer by a Bidder in response to the document issued by the Municipality.

Work - All labour, materials, products, articles, fixtures, services, supplies, and acts required to be done, furnished or performed by the Company, which are subject to the Contract.

4.2 Submission of Bid

Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law #2015-022 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the Contract in accordance with the Purchasing By-law.

The bid must be submitted on the form(s) supplied and in a sealed envelope clearly labelled with the label supplied by the Municipality unless otherwise provided herein refer to item 1.5 for instructions on how to submit bids. The submission envelope must not be covered by any outside wrappings, i.e. courier envelopes or other coverings.

The bid must be signed by a designated signing officer of the Bidder.

If a joint bid is submitted, it must be signed on behalf of each of the Bidders.

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The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer.

The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein.

Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list.

A bid received after the closing date and time will not be considered and will be returned, unopened.

Should a dispute arise from the terms and conditions of any part of the Contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final.

4.3 Contract

The Contract consists of the documents aforementioned as defined in Section 1, Definitions, Contract.

The Contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed.

The intent of the Contract is that the Company shall supply work which is fit and suitable the Municipality’s intended use and complete for a particular purpose.

None of the conditions contained in the Bidder’s standard or general conditions of shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order.

4.4 Clarification of the Document

Any clarification of the document required by the Bidder prior to submission of their bid shall be requested through the Municipality’s contract identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered.

Every notice, advice or other communication pertaining thereto will be in the form of a written addendum.

No officer, agent or employee of the Municipality is authorized to alter orally any portion of the document.

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4.5 Proof of Ability

The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor, to perform the work by the specified delivery date.

4.6 Delivery

Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order.

A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson, storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby, or the particular of the delivery ticket or piece tally thereof.

Work shall be subject to further inspection and approval by the Municipality.

The Company shall be responsible for arranging the work so that the completion shall be as specified in the Contract.

Time shall be of the essence of the Contract.

4.7 Pricing

Prices shall be in Canadian Fund, quoted separately for each item stipulated, F.O.B. destination. Prices shall be firm for the duration of the Contract.

Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point, it must be obtained prior to the submission of the bid.

Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality.

All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Harmonized Sales Tax (HST) shall be extra and not shown, unless otherwise specified herein.

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If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes.

Should any additional tax, duty or any variation in any tax or duty be imposed by the or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof.

4.8 Terms of Payment

Where required by the Construction Act appropriate monies may be held back until 60 days after the completion of the work.

Payments made hereunder, including final payment shall not relieve the Company from its obligations or liabilities under the Contract.

Acceptance by the Company of the final payment shall constitute a waiver of claims by the Company against the Municipality, expect those previously made in writing in accordance with the Contract and still unsettled.

The Municipality shall have the right to withhold from any sum otherwise payable to the Company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it.

Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory.

4.9 Patents and Copyrights

The Company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement on any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including the lawyers’ fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof.

The Company shall pay all royalties and patent license fees required for the work.

IF the work or any part thereof is in any action or proceeding held to constitute an infringement, the Company shall forthwith either secure for the Municipality the right to continue using the work or shall at the Company’s expense, replace the Page 79 of 108

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infringing work with non-infringing work or modify it so that the work no longer infringes.

4.10 Alternates

Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein.

4.11 Equivalency Any opinion determined by the Municipality with respect to equivalency shall be final.

4.12 Assignment and Subcontracting

The Company shall not assign or subcontract the Contract or any portion thereof without prior written consent of the Municipality.

4.13 Financing Information Required of the Company

The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Company’s obligations under the Contract.

4.14 Laws and Regulations

The Company shall comply with relevant Federal, Provincial and Municipal statues, regulations and by-laws pertaining to the work and its performance. The Company shall be responsible for ensuring similar compliance by suppliers and subcontractors.

The Contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario.

4.15 Correction of Defects

If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the Contract, the Company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The Company shall pay all transportation costs for work both ways between the Company’s factory or repair depot and the point of use.

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4.16 Bid Acceptance

The Municipality reserves the right to award by item, or part thereof, groups of items, or part thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price, to accept or reject any bids in whole or in part; to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard.

Bids shall be irrevocable for 90 days after the official closing time.

The placing in the mail or delivery to the Bidder’s shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award.

The Municipality reserves the right to reject a bid from any Bidder based on the following considerations:

• A Bidder or a subcontractor of a Bidder has an outstanding legal action against the Municipality, or the Municipality has an outstanding legal action against a Bidder or a subcontractor of the Bidder; • A Bidder owes money including, but not limited to outstanding property taxes owed to the Municipality; and • A Bidder is not in compliance with Municipality’s Corporate Policies and By-Laws including Property Standards By-Law.

4.17 Supplier/Contractor Performance Evaluation Prior to the Contract renewal date or upon expiry of the Contract the Municipality will complete a Performance Evaluation Form, providing feedback related to the Company’s performance of the Contract. Suppliers/Contractors will be evaluated based on, but not limited to the following: • Quality of goods/services provided; • Compliance with Contract specifications, terms and conditions; • Communication (responsiveness); and • Billing accuracy.

The results of the Performance Evaluation shall be used to determine whether or not the Company is: • Considered a renewal of a Contract with the Municipality; • Considered for award of any subsequent Contract opportunities.

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Throughout the life of the Contract, the Municipality shall communicate any performance issues/concerns, to the Company.

Persistent performance issues may result in an immediate Contract Performance Evaluation by all participating departments to determine if Contract suspension or termination is necessary.

Companies whose previous Contracts were terminated due to poor performance shall be considered for subsequent Contract Awards, only if they can show proof, through a minimum of three references for similar work, that they have overcome their performance issues of the past Contract. The Municipality’s decision in this regard shall be final.

The results of any Performance Evaluation may be disclosed to other Municipalities or government bodies upon request, where it can be demonstrated that the Company has listed the Municipality as a Work reference.

4.18 Default by Company a. If the Company commits any act of bankruptcy; or if a receiver is appointed on account of its insolvency or in respect of any of its property; or if the Company makes a general assignment for the benefit of its creditors; then, in any such case, the Municipality may, without notice terminate the Contract.

b. If the Company fails to comply with any request, instruction or order of the Municipality; or fails to comply with or persistently disregard statues, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the Contract or any portion thereof without the Municipality’s prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms conditions and obligations of the Contract, then, in any such case, the Municipality may, upon expiration of ten days from the date of written notice to the Company, terminate the Contract.

c. Any termination of the Contract by the Municipality, as foresaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto.

d. If the Municipality terminates the Contract, it is entitled to:

i. Take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work

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by whatever means the Municipality may deem appropriate under the circumstances; ii. Withhold any further payments to the Company until the completion of the work and the expiry of all obligations under the Correction of Defects section; iii. Recover from the Company loss, damage and expense incurred by the Municipality by reason of the Company’s default (which may be deducted from any monies due or becoming due to the Company, any balance to be paid by the Company to the Municipality).

4.19 Contract Cancellation

The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work.

4.20 Quantities

Unless otherwise specified herein, quantities are shown as approximate, are not guaranteed to be accurate, are furnished without any liability on behalf of the Municipality and shall be sued as a basis for comparison only.

Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality.

4.21 Samples

Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3) working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder’s expense, upon request, provided they have not been destroyed by tests, or are not required for comparison purposes.

The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the Company from its obligations under the contract.

Samples submitted must be accompanied by current Material Safety Data Sheets (MSDS) where applicable.

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4.22 Surety

The successful Company shall, if the Municipality in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the Contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the Company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the Workplace Safety Insurance Board (WSIB) has been received.

The Company shall, if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality.

Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal.

4.23 Workplace Safety and Insurance Board

All of the Contractor’s personnel must be covered by the insurance under the most current Workplace and Insurance Act, 1997, or must provide an identification number from the WSIB verifying their status as an “Independent Operator”. Upon request by the Municipality, an original Letter of Good Standing from the Workplace Safety and Insurance Board shall be provided prior to the commencement of work indicating all payments by the Company to the board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the Company’s fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request.

For Independent Contractors/Owners/Operators who do not have WSIB coverage the following shall be provided upon request by the Municipality:

• Single Independent Contractor/’Owners/Operators shall provide a letter from the Workplace Safety & Insurance Board confirming independent operator status and identification number. To obtain this, the contractors must complete the form “Determining Worker/Independent Operator status”, issued by the Workplace Safety & Insurance Board. (For more

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information, please contact your local Workplace Safety & Insurance Board Office and refer to this clause.) • Single Independent Contractors/Owners/Operators must also provide a certificate from the Workplace Safety and Insurance Board confirming they have purchased the optional WSIB coverage. • The Municipality of Clarington has the right to reject any bid it deems to provide insufficient coverage.

4.24 Insurance

The Company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $5,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested.

The Company shall maintain and pay for Automobile Liability insurance in respect of licensed vehicles and shall have limits of not less than $2,000,000.00 inclusive per occurrence covering all licensed vehicles owned or leased by the Company.

The policy shall include the Municipality as an “additional insured” in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the Municipality prior commencement of the work. Further certified copies shall be provided upon request.

The Policies shall be endorsed to provide that the Municipality is to receive not less than 30 days’ notice in writing in advance of any cancellation, material amendment, or change restricting coverage. Written notice shall be personally delivered to or sent by registered mail to the Municipality.

The Company will ensure that any and all Subcontractors also have valid Insurance coverage.

4.25 Liability

The Company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees.

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The Company agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract.

4.26 Visiting the Site

The Company shall carefully examine the site and existing building and services affecting the proper execution of the work and obtain a clear and comprehensive knowledge of the existing conditions. NO claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Bid. Bidders shall accept sole responsibility for any error or neglect on their part in this respect.

4.27 Safety

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

Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a Contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Company’s obligations under this Contract.

The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations.

The Company shall provide Material Safety Data Sheets (MSDS) to the Municipality for any supplied Hazardous Materials.

4.28 Unpaid Accounts

The Company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens, attachments, claims, demands, charges or other encumbrances.

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4.29 Suspension of Work

The Municipality may, without invalidating the Contract, suspend performance by the Company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine.

The resumption and completion of work after the suspension shall be governed by the scheduled established by the Municipality.

4.30 Changes in Work

The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in work, the contract price shall be increased or decreased by application of unit prices to the quantum of such increase or decrease, or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality.

4.31 Conflict of Interest

No employee or member of Council of the Municipality shall sell goods or services to the Municipality in accordance with the Municipality of Clarington Policy or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality.

4.32 Municipal Freedom of Information and Protection of Privacy Act (M.F.I.P.P.A)

All correspondence, documentation, and information provided to staff of the Municipality of Clarington by every offerer, including the submission of proposals, shall become the property of the Municipality, and as such, is subject to the Municipal Freedom of Information and Protection of Privacy Act, and may be subject to release pursuant to the Act.

4.33 Criminal Background Checks

The successful service provider covenants and agrees to provide the Municipality of Clarington, or such other entity as the Municipality may designate, with written consent to perform or request submission of a criminal background check including Criminal Code (Canada) convictions, pardoned sexual offences, records or convictions under the Controlled Drugs and Substances Act, Narcotics Control Act and Food and Drugs Act as well as all outstanding warrants and charges for every individual who may come into direct contact with youth and who are permitted entrance to private or restricted areas or residences. This will

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be done at no cost to the Municipality and any such requested document will be submitted to the Municipality in its true form in advance of commencement of work.

The Municipal issued identification card must be worn when individuals are at a site where there is direct contact with youth or where access to any private or restricted area is anticipated. The Municipal identification card is valid for the term of the Contract only or a one-year term, whichever comes first. Under the terms of the Contract, the Municipality has the sole and unfettered discretion to prohibit an individual from coming into direct contact with youth or entering a private or restricted area on a regular basis and to terminate the contract if the bidder/partner fails to obtain or renew the Municipal identification cards according to Municipal policy and procedure.

4.34 Compliance with The Accessibility for Ontarians with Disabilities Act, 2005

The Contractor shall ensure that all its employees, agents, volunteers, or others for whom the Contractor is legally responsible receive training regarding the provision of the goods and services contemplated herein to persons with disabilities in accordance with Section 6 of Ontario Regulation 429/07 (the “Regulation”) made under the Accessibility for Ontarians with Disabilities Act, 2005, as amended (the “Act”). The Contractor shall ensure that such training includes, without limitation, a review of the purposes of the Act and the requirements of the Regulation, as well as instruction regarding all matters set out in Section 6 of the Regulation. The Contractor shall submit to the Municipality, as required from time to time, documentation describing its customer service training policies, practices and procedures, and a summary of its program, together with a record of the dates on which training was provided and a list of employees, agents volunteers or others who received such training. The Municipality reserves the right to require the Contractor to amend its training polices to meet the requirements of the Act and the Regulation.

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5. Form of Tender Closing Time and Date (Local Time): 2:00:00 p.m., September 23, 2020 The undersigned, the Bidder, having examined the Tender including all information to Bidders, general and standard terms and conditions, appendices and specifications as issued by the Municipality of Clarington and having visited the Project Site (where required) hereby offer and agree to enter into a Contract to supply the Goods/Services required by this Tender at the costs detailed on this Form of Tender. Complete in full all blanks where provided and return completed forms, as per directions noted in item 1.5. by the specified closing date and time. Bid deposits and/or agreement to bond, if required, must accompany the Tender submission. I/We acknowledge receipt of Addenda number to issued during the bidding period. Prices quoted shall be payable in Canadian Funds, F.O.B. destination.

Bidder’s Checklist Before submitting your tender, check the following points:

1. Has your Form of Tender been signed and your seal affixed, if applicable?

2. Have you enclosed the required Agreement to Bond?

3. Have you indicated the number of Addenda in the Form of Tender?

4. Have you entered all required prices in the Form of Tender?

5. Have you attached the excel Form of Tender?

6. Have you provided your company insurance information?

7. Have you listed your subcontractors?

8. Have you attached your Bidder’s References (Appendix 5.1)?

Note:

1. Your tender may be deemed non-compliant and may be rejected if any of the foregoing points have not been complied with. 2. Your Tender may be disqualified if you tender unbalanced prices for any item in the Form of Tender.

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Form of Tender - continued Line Price Carried from Description Item Excel File 1 Part 'A' Site Preparation & Demolition Part 'B' Trail Construction - Bowmanville Creek Valley 2 Trail Extension 3 Part 'C' Erosion Control Works

4 Part 'D' Baseline Road Pedestrian Crossing

5 Part 'E' General Items

Subtotal

HST Total (Transfer this number to the front page) Company Insurance Information:

Comprehensive General Liability:

Automobile Insurance Coverage:

Insurance Company:

Insurance Policy Number:

WSIB Number:

Proposed Subcontractors: Name Address Trade or Proposed Work

Subcontractors/Sub-consultants, once approved as part of the award process, cannot be changed without prior written approval from the Municipality of Clarington.

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Form of Tender - continued The undersigned, Bidder agrees: • That this submission is made without collusion, connection, knowledge or comparison of figures or arrangement with any other company, firm or persons making a submission and is in all respects fair. I/we understand that this may result in the rejection of our submission if this declaration is found to be untrue. • To supply and delivery all goods and/or services for price(s) bid, to the Municipality of Clarington conforming to all terms and conditions set forth herein. A successful bidder must conform to all terms and conditions set forth on the official purchase order subsequently issued upon award, unless otherwise indicated by the Municipality of Clarington.

Company Name:

Address:

Telephone: Fax:

Email: ______

H.S.T. Registration Number:

Signature: (I have the authority to bind the corporation)

Print Name and Title:

Dated at this day of , 2020.

This Form of Tender must be signed and submitted with an original signature by the closing date and time to be a valid offer or the Tender will be rejected.

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Appendix 5.1 - Bidder’s Reference Form

Bidder’s Company Name: Bidders are to provide reference contact information of this form and include with their bid submission.

Any Tender received which does not include three satisfactory references may be rejected by the Municipality. References should be for work/services similar in size and nature which has been provided within the past five (5) years. The Municipality reserves the right to contact any or all of a Company’s references.

Reference #1 Reference Details Project Name:

Description of Work:

Value of Project/Contract: Completion Date: Client Name: Contact Person: Phone Number: Email Address:

Reference #2 Reference Details Project Name:

Description of Work:

Value of Project/Contract: Completion Date: Client Name: Contact Person: Phone Number: Email Address:

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Appendix 5.1 – Bidder’s Reference Form - continued

Reference #3 Reference Details Project Name:

Description of Work:

Value of Project/Contract: Completion Date: Client Name: Contact Person: Phone Number: Email Address:

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Appendix 5.2 - Contractor AODA Compliance Sign-off

Contracted employees, third party employees, agents, and others who deal with members of the public on behalf of the Municipality of Clarington must meet the requirements of Ontario Regulation 429/07, Accessibility Standards for Customer Service, and Ontario Regulation 191/11, Integrated Accessibility Standards, with regards to training. Training for the aforementioned regulations can be accessed online at the following website addresses:

Access Forward: Training for an Accessible Ontario http://www.accessforward.ca

The Ontario Human Rights Commission: The Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act http://www.ohrc.on.ca/en/learning/working-together-code-and-aoda

Contracted service suppliers are to ensure that training records are maintained, including dates when training was provided, the number of personnel who received training and individual training records. The suppliers are to ensure this information is available to the Municipality of Clarington at any time during the term of the contract, upon request. I acknowledge the aforementioned accessibility regulations:

Company Name:

Authorized Official (print):

Authorized Official (signature):

Date:

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Appendix 5.3 - Contractor Safety - Policy and Procedure

Policy: Contractors and Sub-contractors are responsible to ensure that their personnel are updated on all safety concerns of the workplace and are aware of the safety requirements as required by the Contractor under the Occupational Health and Safety Act. Safety performance will be a consideration in the award of a contract. Under the Occupational Health and Safety Act (Section 23 (1), (2)), it is the constructor's responsibility to ensure that: ➢ the measures and procedures prescribed by the Occupational Health and Safety Act and the Regulations are carried out on the project; ➢ every employer and every worker performing work on the project complies with the Occupational Health and Safety Act and the Regulations (under the Act); and ➢ where so prescribed, a constructor shall, before commencing any work on a project, give to the Director notice in writing of the project containing such information as may be prescribed.

Nothing in this section shall be deemed or construed as making the Municipality the employer of any workers employed or engaged by the Contractor to perform the work and/or supply service to the project, including any part thereof, or the constructor, either instead of or jointly with the Contractor. Employer and constructor shall have the same meaning as in section 1 of the Occupational Health and Safety Act, R.S.O 1990, Chapter O.1, as amended from time to time, including any regulations thereunder and successor legislation.

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Appendix 5.3 – Contractor Health & Safety Policy & Procedures - continued Definitions: Contractor - any individual or firm engaged by the Municipality to do work on behalf of the Municipality Project - means a construction project, whether public or private, including: ➢ the construction of a building, bridge, structure, industrial establishment, mining plant, shaft tunnel, caisson, trench, excavation, highway, railway, street, runway, parking lot, cofferdam, conduit, sewer, watermain, service connection, telegraph, telephone or electrical cable, pipe line, duct or well, or any combination thereof; ➢ the moving of a building or structure; and ➢ any work or undertaking, or any lands or appurtenances used in connection with construction.

Construction - includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, land clearing, earth moving, grading, excavating, trenching, digging, boring, drilling, blasting, or concreting, the installation of any machinery or plant, and any work or undertaking in connection with a project. Constructor - means a contractor who undertakes a project for an owner. Project Manager - means the municipal management representative who has responsibility for a contract.

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Appendix 5.3 – Contractor Health & Safety Policy & Procedures - continued Procedure: The following items are required before any Contractors are hired by the Municipality: a) Before beginning a project, the project manager or designate must determine whether any designated substances/hazardous materials are (or will be) present at the site and prepare a list of all these substances. b) The project manager or designate must include, as part of the request for Tender, a copy of the above-mentioned list. The list of designated substances/hazardous materials must be provided to all prospective constructors and/or contractors. c) The request for Tender will require prospective contractors to include a list of the designated substances/hazardous materials that will be brought onto the work site and material safety data sheets. d) Before awarding a contract, the contractor(s) will be required to complete and sign the Health and Safety Practice Form (Appendix “A"). The Purchasing Office will maintain performance copy of this record. e) As part of the Tender conditions, before award of a contract, the contractor must provide details of their Health and Safety program. f) The project manager or designate, if necessary, will provide the successful contractor with a workplace orientation which will include, but not be limited to identifying known potential hazards, hazardous material inventory and material safety data sheets for the sites. g) The contractor has the responsibility to provide any and all prescribed personal protective equipment for their own workers, to include as a minimum but not limited to hard hats and safety boots. If a worker(s) fails to comply with any program, policy, rule or request regarding health and safety, that person(s) is not allowed on the site until the person(s) complies. h) The Municipality retains the right to document contractors for all health and safety warnings and/or to stop any contractors' work if any of the previously mentioned items are found not to be in compliance. Similarly, the Municipality will have the right to issue warnings and/or to stop work if it becomes aware of any safety concerns/questionable practices by the contractor relating to Occupational Health and Safety Act, Municipal Health and Safety programs, policies, rules, and/or if the contractor creates an unacceptable health and safety hazard. The Municipality retains the right to contact the Ministry of Labour at any time for guidance and/or enforcement. Written warnings and/or stop work orders

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Appendix 5.3 – Contractor Health & Safety Policy & Procedures - continued can be given to contractors using Contractor Health and Safety Warning/Stop Work Order Form (Appendix "B"). i) Where applicable, the Municipality will retain the right to allow municipal employees to refuse to work in accordance with the established policy and the Occupational Health and Safety Act, in any unsafe condition(s). j) The Purchasing Office will maintain current WSIB certificates of clearance until all monies owing have been paid to the contractor.

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Appendix 5.3 – Contractor Health & Safety Policy & Procedures - continued Health and Safety Practice Form To Contractor(s): The Municipality of Clarington is committed to a healthy and safe working environment for all workers. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety.

In order to evaluate your company's health and safety experience, please provide the accident/incident and/or Workplace Safety Insurance Board (WSIB) information noted below, where applicable.

▪ The New Experimental Experience Rating (NEER) - The WSIB experience rating system for non-construction rate groups.

……………………………………………………………..

▪ The Council Amended Draft #7 (CAD-7) Rating - The WSIB experience rating system for construction rate groups.

……………………………………………………………..

▪ Injury frequency performance for the last two years - This may be available from the contractor's trade association.

……………………………………………………………..

▪ Has the contractor received any Ministry of Labour warnings or orders in the last two years? (If the answer is yes, please include the infraction).

______

______

▪ Confirmation of Independent Operator Status - The WSIB independent operator number assigned: ______

(Bidders to include the letter confirming this status and number from WSIB with their bid submission).

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Appendix 5.3 – Contractor Health & Safety Policy & Procedures - continued Contractor's Statement of Responsibility As a contractor working for the Municipality of Clarington, I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies, department and site-specific policies and procedures and other applicable legislation or regulations. I/we will work safely with skill and care so as to prevent an accidental injury to ourselves, fellow employees and members of the public. 1. The contractor/successful tenderer certifies that it, its employees, its subcontractors and their employees: a) are aware of their respective duties and obligations under the Occupational Health and Safety Act, as amended from time to time, and all Regulations thereunder (the "Act"); and b) have sufficient knowledge and training to perform all matters required pursuant to this contract/tender safely and in compliance with the Act. 2. In the performance of all matters required pursuant to this contract/Tender, the contractor/successful tender shall: a) act safely and comply in all respects to the Act, and b) ensure that its employees, its subcontractors and their employees act safely and comply with all aspects with the Act.

3. The contractor/successful tenderer shall rectify any unsafe act or practice and any non-compliance with the Act at its expense immediately upon being notified by any person of the existence of such act, practice or non-compliance.

4. The contractor/successful tenderer shall permit representatives of the Municipality on the site at any time or times for the purpose of inspection to determine compliance with this contract/tender.

5. No act or omission by any representative of the Municipality shall be deemed to be an assumption of any of the duties or obligations of the contractor/successful tenderer or any of its subcontractors under the Act.

6. The contractor/successful tenderer shall indemnify and save harmless the Municipality: a) from any loss, inconvenience, damage or cost to the Municipality which may result from the contractor/successful tenderer or any of its employees, its subcontractors or their employees failing to act safely or to comply in all respects with the Act in the performance of any matters required pursuant to this contract/tender;

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Appendix 5.3 – Contractor Health & Safety Policy & Procedures - continued b) against any action or claim, and costs related thereto, brought against the Municipality by any person arising out of any unsafe act or practice or any non-compliance with the Act by the contractor/successful tenderer or any of its employees, its subcontractors or their employees in the performance of any matter required pursuant to this contract/tender; and c) from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality (or any of its council members or employees) and shall be made a party to any charge under the Act in relation to any violation of the Act arising out of this contract/tender.

Appendix 5.3 Contractor Safety – Policy Procedures, Health & Safety Practice, is acknowledged and has been reviewed and accepted by the contractor.

Contractor Name of Person Signing for Contractor

Signature of Contractor Date

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Appendix 5.3 – Contractor Health & Safety Policy & Procedures - continued

Appendix 5.4 – Standard Drawings

Standard No. Description C- 301 Perforated Plastic Subdrains 302 Standard Curb and Gutter 307 Standard Concrete Sidewalk 508 Planting Detail – Deciduous Tree

OPSD – 206.050 Subdrain Pipe, Connection and Outlet 219.110 Light-Duty Silt Fence Barrier 219.180 Straw Bale Flow Check Dam 310.033 Concrete Sidewalk Ramps at Unsignalized Intersections 310.039 Concrete Sidewalk Ramps Tactile Walking Surface Indicators Component 802.010 Flexible Pipe, Embedment and Backfill, Earth Excavation 802.020 Flexible Pipe Arch Embedment and Backfill Earth Excavation 803.030 Frost Treatment – Pipe Culverts, Frost Penetration Line Below Bedding Grade 803.031 Frost Treatment – Pipe Culverts, Frost Penetration Line Between Top of Pipe and Bedding Grade 805.010 Height of Fill Table Round Corrugated Steel Pipe and Structural Plate Corrugated Steel Pipe 805.020 Height of Fill Table

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Appendix 5.3 – Contractor Health & Safety Policy & Procedures - continued Corrugated Steel Pipe-Arch and Structural Plate Corrugated Steel Pipe-Arch 810.010 General Rip-Rap Layout for Sewer and Culvert Outlets 971.101 Fence, Highway in Earth, Shale, Loose Rock, or Friable Rock, Installation 972.102 Fence, Highway in Solid Rock, Installation 972.130 Fence, Chain-Link, Installation - Roadway 972.132 Fence, Chain-Link, Details and Table 985.110 Small Sign Support System Single Breakaway Wooden Post 990.110 Small Sign Support System Non-Breakaway U-Flange Post System Installation-Single Post Assembly 2200.040 Concrete Footing and Anchorage Assembly for 3.3m Base Mounted Metal Pole 2215.030 Pole Mounting Details for Base Mounted Metal Pole 2414.010 3.3m Aluminum and Sectional Steel Poles, Base Mounted

The above noted drawings are not available in accessible format. Please refer to Appendix 5.5 attached separately. If you require this information in an accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.

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Appendix 5.3 – Contractor Health & Safety Policy & Procedures - continued

Appendix 5.5 – Contract Drawings

The Contract Drawings listed below form part of this contract, and are attached separately.

Drawing No. Drawing Title G-1 Notes G-2 General Site and Access Plan PP-B1 Plan and Profile, STA. 10+058 - 10+140 PP-B2 Plan and Profile, STA. 10+140 - 10+260 PP-B3 Plan and Profile, STA. 10+260 - 10+400 PP-B4 Plan and Profile, STA. 10+400 - 10+540 PP-B5 Plan and Profile, STA. 10+540 - 10+654 TYP-1 Typical Sections DET-1 Gate and Furniture Details DET-2 Signage Details DET-3 Railway Under Crossing Details DET-4 Highway 401 Under Crossing Details DET-5 Bridge Abutment Removal Details LS-1 Landscape Plan PM-1 Baseline Road Pedestrian Crossing Pavement Marking And Signage

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Appendix 5.3 – Contractor Health & Safety Policy & Procedures - continued

Appendix 5.6 – Standard Specifications

It shall be the Contractor’s responsibility to obtain the applicable edition of the following Ontario Provincial Standard Specifications (OPSS). OPSS No. Date OPSS No. Date OPSS No. Date

MUNI 102 Nov. 2018 MUNI 501 Nov. 2017 MUNI 805 Nov. 2018

PROV 127 Apr. 2018 MUNI 506 Nov. 2017 MUNI 928 Apr. 2019

MUNI 180 Nov. 2016 MUNI 510 Nov. 2018 MUNI 1004 Nov 2013

MUNI 182 Nov. 2012 MUNI 511 Nov. 2019 MUNI 1150 Nov. 2018

MUNI 201 Apr. 2019 MUNI 512 Nov 2017 MUNI 1350 Nov. 2019

MUNI 206 Apr. 2019 MUNI 518 Apr. 2017 MUNI 1541 Apr. 2019

MUNI 212 Nov. 2019 MUNI 703 Nov. 2019 1712 Feb. 1991

MUNI 310 Nov. 2017 MUNI 706 Nov. 2018 1713 Feb. 1991

MUNI 311 Nov. 2018 710 Nov. 2010 1714 Feb. 1991

MUNI 314 Nov. 2019 MUNI 771 Nov. 2016 1716 Feb. 1991

MUNI 351 Nov. 2019 MUNI 772 Apr. 2019 1750 Feb. 1991

MUNI 353 Nov. 2019 MUNI 801 Nov 2019 MUNI 1860 Nov. 2018

MUNI 405 Nov. 2019 MUNI 802 Nov. 2019 2001 Nov. 2014

MUNI 421 Nov. 2018 MUNI 804 Nov. 2014

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Appendix 5.7 – OPS General Conditions of Contract (November 2018)

The OPSS.MUNI 100 General Conditions have not been reproduced as part of these Contract Documents.

It will be the Contractor’s responsibility to obtain current copies of these documents.

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Appendix 5.8 – Agreement to Bond

AGREEMENT TO BOND (to be completed by Bonding Company) CONTRACT NO. CL2020-21

WE, the Undersigned, HEREBY AGREE to become bound as Surety for:

______in a Performance Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and a Labour and Material Payment Bond totalling ONE HUNDRED PERCENT (100%) of the Total Tender amount, and conforming to the Instruments of Contract attached hereto, for the full and due performance of the works shown or described herein, if the Tender for Contract No. CL2020-21 – Bowmanville Valley Trail Extension is accepted by the Authority.

IT IS A CONDITION of this Agreement that if the above-mentioned Tender is accepted, application for a Performance Bond and a Labour and Material Payment Bond must be made to the Undersigned within TEN (10) DAYS of Notice of Contract Award, otherwise the Agreement shall be null and void.

DATED AT this day of 2020

Name of Bonding Company

(BONDING COMPANY SEAL) Signature of Authorized Person Signing for Bonding Company

Position (This Form shall be completed and attached to the Tender Submitted).

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Appendix 5.9 – CN Rail Permit Application

The CN Work Permit Applications is being provided as part of this tender and is available via separate download

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