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Department of Natural Resources - Government … of Natural Resources Forestry and Agrifoods Agency NOTE TO BIDDERS The following is a Partial version of the Standard Roads Contract

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Department of Natural Resources Forestry and Agrifoods Agency

NOTE TO BIDDERS

The following is a Partial version of the Standard Roads Contract issued by the Department of Natural Resources for the construction of forest resource roads. Several sections have been purposely omitted as they are included in a separate downloadable file referred to as the “Construction Specifications for Project _- ____”. These sections include:

Title Page & Instructions For Bidders Unit Price Table & Bidder Information Equipment Statement Construction Specifications Plan & Profile of the project (if required) Maps showing project location Additional supporting drawings (bridges, footings etc)

Bidders should also note that the standard roads contract covers all aspects of road construction (blasting, surfacing, crushing etc); many of which MAY NOT be necessarily required in the completion of the tendered work. Those interested in placing a bid on proposed work are encouraged to print a copy and carefully review all supporting documentation (construction specs). For those wishing a complete hard copy of the entire contract please contact your nearest DNR Office:

Labrador WesternDept. of Natural Resources Dept. of Natural Resources PO Box 3014, Station B P.O. Box 2006 Happy Valley - Goose Bay, NL Massey Drive, NL A0P 1E0 A2H 6J8

Tele: (709) 896-2541 Tele: (709) 637-2409 Fax: (709) 896-3747 Fax: (709) 637-1377

Central HeadquartersDept. of Natural Resources Dept of Natural Resources P.O. Box 2222 P.O. Box 2006 Gander, NL Corner Brook, NL A1V 5T4 A2H 6J8

Tele: (709) 256-1450 Tele: (709) 637-2249 Fax: (709) 256-1459 Fax: (709) 637-2403

STANDARD CONTRACT FOR

RESOURCE ROAD CONSTRUCTION

DEPARTMENT OF NATURAL RESOURCES

FORESTRY & AGRIFOODS AGENCY

Forest Service Branch

(Rev Feb 2007) TABLE OF CONTENTS

1. Instruction to Bidders 1-1 to 1-6

2. Form of Tender 2-1 to 2-5

3. General Conditions 3-1 to 3-15

4. General Construction Specifications

Section 1 - Clearing 4-1 to 4-2 Section 2 - Stripping 4-3 Section 3 - Culverts 4-4 to 4-7 Section 4 - Road Excavating & Grading 4-8 to 4-11 Section 5 - Bridge Specifications 4-12 to 4-16

5. Detailed Construction Specifications 5-1 to

6. Environmental Specifications 6-1 to 6-3

7. Form of Agreement A-1 to A-4

8. Drawings:

1. Location in Newfoundland/Labrador 2. Topographic Map of Area 3. Roadway Sections 4. Pull Off Detail 5. Placement of Culverts on Grade Greater Than 10% 6. Features of a Well Constructed Bridge Crossing 7. Features of a Well Constructed Culvert Crossing 8. Turnaround Detail 9. Steel Wire Basket Installation 10. French Drain Detail 11. Features of a Properly Blasted Ditchline

Appendix I.... Expanded Methodology for Culvert Installation

1-1 (Rev 02-27-2008) INSTRUCTION TO BIDDERS

1. TENDERS

Tenders are requested for the construction of a forest resource road or roads for the Newfoundland and Labrador Department of Natural Resources, Newfoundland and Labrador Forest Service.

Tenders for the above work must be completed on the accompanying "FORM OF TENDER" and submitted in sealed envelopes, addressed to your nearest Regional District Office:

Labrador: Elizabeth Goudie Building, Goose Bay Eastern: 133 Airport Boulevard, Gander Western: Massey Drive of TCH, Corner Brook

Envelopes shall have the words "TENDER FOR RESOURCE ACCESS ROAD, PROJECT NO. " marked plainly on the outside. The name and address of the bidder and the closing time must be shown on the envelope.

The closing date for the receipt of tender is 12:00 noon on the date shown on the original newspaper advertisement unless otherwise stated in a departmental notification.

TENDERS RECEIVED AFTER THAT TIME WILL NOT BE CONSIDERED.

2. CONTRACT DOCUMENTS

The following items comprise a complete set of contract documents: (a) Instruction to Bidders (b) Form of Tender (c) Addenda (if issued) (d) General Conditions (e) Construction Specifications (General and Detailed) (f) Drawings and Maps (g) Form of Agreement

Before submitting tenders, bidders should ensure that all contract documents are in their possession, that they are familiar with the details of the contract documents and, furthermore, bidders should visit the site of work and be fully informed on all matters pertaining thereto. Upon receipt of a tender, it will be assumed, by the Owner that these matters have been attended to by the bidder. All conditions outlined in the contract documents shall be binding on the successful bidder upon the signing of the contract.

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3. CHARGE FOR CONTRACT DOCUMENTS

A non-refundable charge of $15.00 (includes H.S.T.) is required for each set of contract documents that is obtained from Departmental Offices. Those derived from downloadable PDF files are free.

4. COMPLETION OF THE TENDER FORM

Type or legibly print in ballpoint pen all information required, including numbers of any Addenda received during the tender period, and a listing of subcontractors, if applicable, in the appropriate spaces.

Sign and have witnessed, under Contractor's Signature as follows:

a) If a Sole Proprietor indicate "Sole Proprietorship" next to Signature.

b) If a Partnership all partners must sign. Indicate "Partner" next to each signature.

c) If a Limited Company, indicate next to signatures the corporate title of the signing officers. Affix the Corporate Seal.

5. BID SECURITY

Every tenderer shall submit with his or her Tender an approved bid bond or certified cheque from a certified or registered banking authority for ten percent (10%) of the total tendered amount. The terms of the bid security will be invoked and the amount retained by the Owner if, (a) the tenderer fails to enter into an agreement when notified of the award within the tender validity period; or (b) fails to provide the Performance and Labour and Materials Bonds in the amount required and within the period specified.

Cheques or bid bonds of unsuccessful tenderers will be returned to them, without interest, when the contract is awarded.

6. ACCEPTANCE OF TENDER

The lowest or any tender need not necessarily be accepted.

All tenders received shall be valid for acceptance for the period of thirty (30) days after the date of closing of tenders.

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Upon written notice of an award of contract from the Owner, the successful bidder becomes the Contractor, and within ten (10) days of the written notice of award, is required to enter into the "Form of Agreement" with the Owner. During this ten (10) day period the Contractor is required: -

a) to provide a performance bond in the amount of 50% of the contract price,

b) to provide a labour and materials bond in the amount of 50% of the contract price,

c) to provide a letter of good standing from the Workplace, Health, Safety and Compensation Commission,

d) to provide a letter of good standing from the Newfoundland & Labrador Construction Safety Association,

e) to provide a completed certificate of insurance to the minimums as specified in Clause 26 under the General Conditions of the contract, and

f) to sign the Form of Agreement.

No work is to be undertaken until the performance bond and the labour and materials bond are received.

In lieu of a performance bond the Owner may at his or her sole discretion accept a certified cheque from a certified or registered banking authority for 10% of the total tendered amount. In lieu of a labour and materials bond the Owner may at his or her sole discretion accept a certified cheque from a certified or registered banking authority for 10% of the total tendered amount.

Within three (3) days of the Contractor's signing, the Contractor is required to commence work on this contract.

7. REJECTION OF TENDER

The following will be considered as disqualified tenders and shall not be considered:-

(a) Tenders not submitted on the Form of Tender.

(b) Tenders submitted by facsimile or photocopies (unless submitted in a sealed envelope, with the original to follow within seventy-two (72) hours).

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(c) Tenders received after the tender closing time.

(d) Incomplete tenders.

(e) Tenders not accompanied by the required security.

(f) Tenders containing qualification or conditions added by the Bidder.

(g) Tenders completed with lead pencil.

(h) "Unbalanced" tenders (over bidding sections of the unit price table so that monies are paid up front i.e., front loading of unit price table or bidding well below fair and reasonable price for a specific unit).

8. AMENDMENT TO TENDERS

Properly documented amendments to the tender will be permitted up to the tender closing time (utilize the "Tender Amendment Form" included, Page 1-6). Amendments documented by telegram or facsimile will be acceptable. However, the originals must follow by mail or courier within seventy-two (72) hours. A period of 48 hours after the tender closing time may be allowed to modify the tender security to comply with an amended tender.

It is the responsibility of the Contractor to ensure that all faxed amendments are received at the tender opening location prior to the tender closing time. The Department assumes no responsibility or liability for amendments not received.

Amendments to the contract should state the Unit Price(s) affected and the decrease/increase to that particular Unit Price item. Changing only the total bid price is not sufficient and the amendment will be rejected. No mention of the total contract price should be stated on the amendment. The amendment is to be signed by an officer of the company and attached to the tender.

9. COMPETENCY OF BIDDER

Bidders must be capable of performing the various items of work bid upon and complete the statement indicating their experience on the form provided (See Previous Work Experience).

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10. EQUIPMENT STATEMENT

Bidders are required to submit with their Tender a statement of their equipment available for work covered by this Contract, ("The Equipment Statement"). Unless otherwise stated, bidders are advised that the minimum earth moving equipment specifications for use on the contract is an Excavator, as specified under "Equipment Statement". Other equipment required to complete the work in a timely manner will be specified by the Engineer. The Contractor should ensure the completion of the AEquipment Statement@ in order to minimize delays in the awarding of the contract.

11. HARMONIZED SALES TAX

Bidders are advised that the Provincial Government is not exempt from the Harmonized Sales Tax (H.S.T.). However, all Unit Prices bid by the Contractor MUST NOT include the H.S.T. The applicable H.S.T. should only be applied at the invoicing stage.

12. PROVINCIAL PREFERENCE POLICY

(a) Tender evaluation and award of contract for this project will be done in accordance with the procedures outlined in the latest Guidelines and Instructions for the Implementation of the Provincial Preference Policy and in accordance with the Public Tender Act, 1990, the Provincial Preference Act, the Atlantic Procurement Agreement and associated Regulations.

(b) Firms which do not have Provincial Overhead Allowance (POA) percentages assigned are urged to contact the Government Purchasing Agency, Tendering and Contracts, Tel. 729-2017. In order to obtain the POA benefit contractors or sub-contractors must have POA percentages assigned not later than five clear days after tender closing date. Those who do not have POA percentages assigned in the prescribed time will receive no Provincial Overhead Allowance benefit in the tender evaluation.

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TENDER AMENDMENT FORMNewfoundland and Labrador Forest Service

PROJECT:

PROJECT #:

CLOSING DATE: CLOSING TIME:

We, (Name of Contractor)

the undersigned, modify the unit price schedule for our tender as shown in the following table:

UNIT PRICE SCHEDULE CHANGES

Item No. Description Estimated Quantity

New Unit Price New Extended Price

We also acknowledge and agree that:

1. This change supersedes all previous changes;

2. We accept full responsibility for any lack of confidentiality arising from the use of this process; and,

3. Failure of these revisions to arrive on time, accurately, or completely, for any reason, will render these revisions null and void.

being __________________________(Signature) (Position in Company)

of dated __________________(Company Name)

(Rev. 05-02-17) 2-1 TENDER FORM FOR PROJECT #

UNIT PRICE CONTRACT

Tenderer's Name:

TO: MINISTER

responsible for NEWFOUNDLAND AND LABRADOR DEPARTMENT OF NATURAL RESOURCES, NEWFOUDLAND FOREST SERVICE ("Owner")

Gentlemen:

1. Having carefully examined the site of the proposed work and all conditions affecting such, as well as the Contract Documents including the Specifications, all drawings listed in the Specifications, all Addenda, and the Instructions to Bidders for this project,

WE, THE UNDERSIGNED, hereby offer to furnish all necessary labour, materials, superintendence, plant, tools and equipment, and everything else required to perform expeditiously and complete in a satisfactory manner the work for unit prices totalling

the sum of _____________________________________________________________

($ ) in lawful money of Canada.

2. The Work shall be substantially performed within from the date of notification of award of Contract and totally performed within a month of the date of substantial performance or such other date as may be agreed by the parties.

3. WE ENCLOSE HEREWITH as required by the Instructions to Bidders:

(a) A Bid Bond in an acceptable form and correct amount issued by an acceptable company licensed to carry on such a business in the Province of Newfoundland or,

(b) a certified cheque drawn on a chartered Canadian Bank in the correct amount

In the event of,

(a) this tender being accepted within the time stated in paragraph 4 below and our failure to enter into a contract in the form hereinafter mentioned for the unit prices in our tender; or

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(b) failure or neglect to provide the required surety then the security will be forfeited to the Owner. The forfeiting of the security does not limit the right of action of the Owner against us for our failure or refusal to enter into a contract.

4. IF NOTIFIED IN WRITING BY THE OWNER OF THE ACCEPTANCE OF THIS TENDER WITHIN 30 DAYS OF THE TENDER CLOSING DATE (SUBJECT TO SUCH OTHER PERIOD AS MAY BE SPECIFIED IN THE TENDERING DOCUMENTS), WE WILL:-

(a) execute the Form of Agreement.

(b) furnish the security for the proper completion of the work; the security, if in the form of bonds, to be issued in an acceptable form.

(c) complete substantially all the work contracted in the Form of Agreement within the time and under the conditions specified in the "Instructions to Bidders"; and in compliance with the terms and conditions of the Form of Agreement.

5. WE understand that Performance Bond, Labour and Materials Bond and Insurance as required by the Contract Documents must be provided and be in force prior to the commencement of any work and shall be continued until the completion of the work. Satisfactory proof of such shall be provided to the Owner.

6. WE declare that the rates and prices variously set forth in the Schedule of Quantities and Prices (Appendix A) have been correctly computed for the purposes of this Tender and that they include and cover all contingencies and provisional sums and all duties, tax (except HST) and handling charges and all transportation and all other charges.

7. WE confirm that the sums herein tendered include all sales tax (except HST), royalties, custom duties, foreign exchange charges, transportation, travelling costs, all overhead and profit, all co-ordination fees, insurance premiums, and all other charges.

8. WE understand and agree that the Owner may order changes to the work in the form of additions or deletions in accordance with the General Conditions, Supplementary General Conditions and the intent of the Contract Documents.

9. WE hereby acknowledge receipt of the following addenda:

Addenda No.

Addenda No.

2-310. We Understand and agree that the Owner may order changes to the work in the form of

additions or deletions in accordance with the General Conditions, Supplementary General Conditions and the intent of the Contract Documents.

UNIT PRICE TABLE

UNIT PRICE TOTAL AMOUNT

ITEM DESCRIPTION UNIT ESTIMATEDQUANTITY

DOLLARS$$$

CENTS444

DOLLARS$$$

CENTS444

TOTAL ESTIMATED TENDER ____________________

Provincial Overhead Allowance Factor: _____

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11. In order for a Tender to be valid, it must be signed by duly authorized officials as indicated in the Instruction to Bidders and in accordance with incorporation authority.

NAME OF TENDERER _________________________ (print)

SIGNATURE OF TENDERER _______________________

Firm Name ________________________________

Address ________________________________ __________________________________

Postal Code ________________

Telephone #: Office __________________

Home __________________

Fax __________________

Cellular _________________

email (optional) ______________________

________________________________ Signing Officer

Corporate Seal ________________________________ Signing Officer

Witnessed by

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EQUIPMENT STATEMENT

12. The Contractor shall, in the space provided hereunder, furnish a list and complete description of the plant and equipment available for the prosecution of the work, which list shall include such dozers, loaders, trucks and graders normally required to carry out this work. The Owner reserves the right to order that additional equipment be used, if necessary, in the opinion of the Engineer, for the satisfactory carrying out of the work. The Owner reserves the right to inspect all equipment listed prior to the award of a Contract.

Description of Unit Operating Wgt. Special Condition Present (Make, Model, Year) & Horse Power Attachments Location

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

PREVIOUS WORK EXPERIENCE

__________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

Minimum earth moving equipment specifications:- Excavator with the following minimum specifications:

115 horsepower and an operating weight of 40,000 lbs

(Rev 2007-02-12)

INDEX OF GENERAL CONDITIONS

(SMALL PROJECTS)

1. Definitions

2. Scope of Contract

3. Documents

4. Sufficiency of Tender

5. Copies Furnished

6. Detail Drawings and Instructions

7. Work Schedule

8. Ownership of Contract Documents and Specifications

9. Copies of Contract Documents to be Kept on the Site

10. Engineer's Decisions

11. Subcontractors

12. Estimated Quantities

13. Superintendent

14. Materials, Appliances, Employees

15. Trucking

16. Inspection of Work

17. Stop Work Order

18. Rejected Work

19. Deductions for Uncorrected or Defective Work

20. Changes in the Work

21. Emergencies

INDEX OF GENERAL CONDITIONS (cont'd)

(SMALL PROJECTS)

22. Permits, Notices, Laws and Rules

23. Patent Fees

24. Workers' Compensation

25. Protection of Work and Property

26. Contractor's Liability Insurance

27. Fire Precaution

28. Protection Against Negligence and Damage

29. Cleaning Up

30. Delays

31. Owner's Right to do Work

32. Owner's Right to Terminate Contract

33. Certificates and Payments

34. Substantial Performance

35. Total Performance

36. Owner's Claims

37. Assignment

38. Liens

39. Labour Standards

40. Governmental Requirements

41. Settlement of Disputes and Claims

42. Installation of Temporary Stream Crossing Devices

43. Time of Completion

(Rev. 05-02-17) 3-1 GENERAL CONDITIONS

1. DEFINITIONS

(a) "Contract Documents" means and includes the following documents:- Instruction to Bidders Form of Tender Addenda (if issued) General Conditions Construction Specifications (General and Detailed) Drawings and Maps Form of Agreement

(b) "Contractor" means the person or persons, firm or company named as such in the Form of Agreement.

(c) "Drawings" means the drawings, plans, maps or diagrams forming part of the Contract Documents.

(d) "Engineer" means the Director of Resource Roads or Project Engineer of the Newfoundland and Labrador Department of Natural Resources or his or her duly appointed representative.

(e) "Equipment" means all fixed or mobile machines, tools, or other things required in the execution and completion of the works.

(f) "Inspector" means a Resource Roads Technician of the Newfoundland And Labrador Department of Natural Resources named by the Minister responsible.

(g) "Owner" means the Minister responsible for the Newfoundland and Labrador Department of Natural Resources and on behalf of Her Majesty the Queen in Right of Newfoundland or his or her duly appointed representative.

(h) "Specifications" means the directions and written instructions contained in the Contract pertaining to the method and manner of performing the work, or to the quantities and qualities of the materials to be furnished under the Contract.

(i) "Works" includes the whole of the works, materials, matters and things required to be done, furnished and performed by the Contractor under the Contract.

(j) The term "Works" includes all plant, labour, materials, transportation, equipment and services and work required, indicated or described in the Contract Documents, supplied, installed, or erected complete at the place of work.

3-22. SCOPE OF CONTRACT

The contract comprises the construction and completion of the work as specified herein; the removal from the site of all temporary buildings and structures and clean-up of the site of the work to the satisfaction of the Engineer; and the provision of all labour, materials, except those materials to be supplied by the Owner as indicated in the Construction Specifications, equipment, temporary works and everything whether of temporary or permanent nature required for the satisfactory completion of the work.

3. DOCUMENTS

Five copies of the Contract Documents shall be signed by the Owner and the Contractor.

The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labour, equipment and materials reasonably necessary for proper execution of the work. It is not intended, however, that materials or work not covered by or properly inferable from any heading or section in the specifications shall be supplied unless distinctly so noted on the plans.

Reference to the masculine or the singular shall be considered to include the feminine and the plural as the context requires.

Should the specifications conflict with the drawings, the specifications shall govern. In the case of discrepancies between drawings, those of larger scale, or if the scales are the same, those of later date, shall govern. All drawings and specifications shall be interpreted in conformity with the "Form of Agreement" and the "General Conditions", which shall govern.

4. SUFFICIENCY OF TENDER

(a) The Contractor shall be deemed to have inspected and examined the site and its' surroundings, and satisfied him or herself before submitting his or her tender, as to the nature of the ground and subsoil, the form and nature of the site, the quantities and nature of the work, the materials necessary for the completion of the work, and the means of access to the site, the accommodation which he may require, and in general to have obtained all necessary information as to the proposed work, and as to any risks, contingencies and other circumstances affecting his or her Tender. Information on site conditions, provided by the Owner, is for general guidance only and the Owner accepts no responsibility for the accuracy of the same or for any reliance plated thereon by the Contractor.

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(b) The Contractor shall be deemed to have satisfied him or herself before tendering as to the correctness and sufficiency of his or her Tender, and of the prices he or she has tendered, which prices shall be deemed to cover and include all his or her obligations under the Contract.

5. COPIES FURNISHED

In addition to the signed Contract Documents, the Engineer shall furnish to the Contractor, free of charge, as many copies of all drawings and specifications as are reasonably necessary for the proper execution of the work.

6. DETAIL DRAWINGS AND INSTRUCTIONS

If necessary for the proper execution of the work, the Engineer shall furnish to the Contractor additional instructions by means of drawings or otherwise. All such drawings and instructions shall be consistent with the Contract Documents. The work shall be executed in conformity therewith, and the Contractor shall do no work without such drawings and/or instructions. In giving such additional instructions, the Engineer or the Inspector shall have authority to make minor changes in the work, not inconsistent with the Contract which affect neither the Contract Price nor the Contract Time.

7. WORK SCHEDULE

The Contractor shall, after the acceptance of his or her Tender, submit to the Engineer for his or her approval, a schedule showing proposed starting and completion dates for the several items of work included in the Contract based on the time limits set within the contract.

8. OWNERSHIP OF CONTRACT DOCUMENTS AND SPECIFICATIONS

All specifications and copies thereof, and all other Contract Documents are the property of the Owner. They are not to be used on other work, and with the exception of the signed Contract set of drawings and specifications, are to be returned to the Owner, on request, at the completion of the work.

9. COPIES OF CONTRACT DOCUMENTS AND SPECIFICATIONS

The Contractor shall keep one copy of all Contract Documents on the site of the work in good order, available to the Engineer or the Inspector. Failure to have the complete contract document on site may lead to a temporary stop work order.

3-410. ENGINEER'S DECISIONS

The Engineer shall decide on questions arising under the Contract Documents, whether as to the performance of the work, approval of materials and equipment, or interpretation of the drawings and specifications. Should the Contractor hold such decisions to be at variance with the Contract Documents, or to involve changes in work already built, fixed, ordered, or in hand, in excess of the Contract, or to be given in error, he shall notify the Engineer in writing before proceeding to carry them out. Unless the Contractor fulfils this requirement, subsequent claims by him for extra compensation, arising out of the decision will not be accepted. In the event of the Engineer and the Contractor failing to agree as to such excess or error and the Engineer deciding to carry out such disputed work, the Contractor shall act according to the Engineer's written decision.

The Engineer shall have general supervision and direction of the work, but the Contractor shall have complete control, subject to these "General Conditions", of his or her organization. In case of the termination of the employment of the Engineer, the Owner shall appoint an Engineer whose status under the contract shall be that of the former Engineer.

Representatives of the Owner, other than the Engineer, shall not have power to waive the obligations of the Contractor under the Contract and no failure or omission of any such representative to condemn any defective work or material shall release the Contractor from his or her obligations under the Contract.

11. SUBCONTRACTORS

1. The Contractor agrees that the list of names and Subcontractors supplied prior to the signing of the Contract is the list of Subcontractors proposed to be used to carry out those parts of the work thereon. No changes to the list of subcontractors will be permitted without approval of the Owner.

2 The Contractor shall be held as fully responsible to the Owner for the acts and omissions of his or her Subcontractors and of persons directly employed by them, as for the acts and omissions of persons directly employed by him.

12. ESTIMATED QUANTITIES

The Engineer's estimate of quantities as shown in the "Schedule of Items and Prices" of the "Form of Tender", are approximate only and shall be used for the comparison of bids which the award of the Contract will be made. For the avoidance of doubt, the Contract is a Unit Price and not a lump sum, the Contract and the basis of payment under this Contract will be the actual amount of work done. The Contractor shall make no claims for loss, damages, anticipated profits or otherwise on account of any difference which may be found between the quantities of work actually done and the estimated quantity contained in the tender.

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In the case of a mathematical error, the Unit Price bid shall be the governing factor in determining the corrected amount.

13. SUPERINTENDENT

At all times during the progress of the work, the Contractor shall keep at the work site a competent foreman and all necessary assistants satisfactory to the Engineer. The foreman shall represent the Contractor in his or her absence and directions given to him shall be held to be given to the Contractor. Major directions shall be confirmed in writing to the Contractor.

The Contractor shall give efficient supervision to the work, giving his or her best skill and attention.

14. MATERIALS, APPLIANCES, EMPLOYEES

Unless otherwise specified, the Contractor shall provide and pay for all materials, labour, water, tools, equipment, light and power necessary for the satisfactory execution of the work.

Unless otherwise specified, all materials shall be new. Both materials and workmanship shall be of the quality specified.

The Contractor shall not employ on the work any unfit person, or anyone unskilled in the work assigned to him.

15. TRUCKING

In circumstances where subgrade and/or surfacing material is not available on the construction site, the Contractor will be solely responsible for the trucking of such acceptable material in order to satisfactorily execute the work.

16. INSPECTION OF WORK

The Owner, the Engineer, the Inspector and their representatives, shall at all times have access to the work. The Contractor shall give the Engineer timely notice of readiness of any work to be specially tested or approved. If such work should be covered up without the approval or consent of the Engineer it must, if required by the Engineer, be uncovered for the examination and made good at the Contractor's expense.

3-617. STOP WORK ORDER

If in the opinion of the Owner, the Engineer or the Inspector the work being done by the Contractor under this contract does not comply with the specifications of the contract or does not follow Provincial laws, ordinances, rules and regulations, then upon a written warning from the Owner, the Engineer or the Inspector, a stop work order may be issued. The Contractor must stop work immediately upon receiving the stop work order and no further work is to be done on the contract until the deficiencies are corrected or a written notice is given by the Engineer allowing the Contractor to re-commence.

If the Contractor fails to correct or make good on the deficiencies as indicated by the Owner, Engineer or Inspector, then the Owner or his or her designate will, as per Clause 31, make provisions for this to be corrected, and the Engineer will deduct these costs from the price of the contract.

If in the opinion of the Owner or his or her designate that the Contractor cannot or does not want to correct the deficiencies noted, as per Clause 32, the contract may be terminated and the work completed by others and the terms of Clause 32 invoked.

18. REJECTED WORK

The Contractor shall promptly remove and replace with new work, at no cost to the Owner, any defective work on the Contractor's part which has been condemned by the Architect/Engineer as failing to conform to the contract documents.

19. DEDUCTIONS FOR UNCORRECTED OR DEFECTIVE WORK

If, in the opinion of the Engineer, it is not expedient to correct defective work, or work not done in accordance with the Contract Documents, the Owner may deduct from the Contract Price the difference in value between the Work as done and that called for by the Contract, the amount of which shall be determined in the first instance by the Engineer based on (but not limited to) the following criteria:

19-1 Siltation of Fish Bearing Streams * Running of fish bearing streams with any equipment

* Failure to install culvert in the dry which leads to siltation event * Failure to use coffer dams around large culvert installations * Failure to utilize coffer dams when removing old abutments

* Narrowing of span between abutments with granular material (i.e filling in face of abutments after placement); exception would be clean armourstone so long as it does not restrict flow of stream

19-2 No Grub Zone Infringement* Ditching within 30 m no grub zone

* Opening of pits within 30 m no grub zone

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19-3 Improper Culvert Installation * Squats/dents in pipe which restrict flow and cannot be repaired

* Culverts with small holes/rips that cannot be repaired * Failure to imbed culvert in fish bearing stream (excluding bedrock) * Minor Bends in pipe which restrict flow (major bends which stop flow are to be removed) * Joiners which come apart * Failure to block large pipe during installation resulting in change of pipe camber

* Voids around pipe resulting from trees/large rock placed against pipe during installation * Water running under arch culverts instead of through

19-4 Excessive ROW clearing * Harvesting of timber beyond the specified ROW width (normally 20m) * Exceptions granted for turns, pits, re-routes (as discussed & approved by inspector)

19-5 Abutments/Footings/Bridges Not to Spec* Any work completed that is in violation to the drawings supplied

* Slumping bin wall faces (result of improper compaction) * Bridges that are tipped on one end (sinking abutment) * Cracks in concrete * Improper rock utilized in gabion baskets * Improper gabion basket installation * Incorrect distance between abutments * Improperly skewed bridges requiring road re-routing

19-6 Excessive stripping* Stripping outside the 20m ROW (as discussed & approved by inspector) * Unnecessary excavation of wet area’s, bogs, etc with a depth greater than 0.6m (as

discussed & approved by inspector)

20. CHANGES IN THE WORK

The Owner, the Engineer or the Inspector, without invalidating the Contract, may make changes by altering, adding to, or deducting from the work, the Contract Price and the Contract Time being adjusted accordingly. The value of any change shall be determined by the unit price provided herein or if no unit price is provided by prices agreed upon by the parties.

Except as provided in these "G.C. 21- Emergencies", no change shall be made unless in pursuance of a written order from the Engineer or the Inspector, and no claim for an addition to or a deduction from the Contract shall be valid, unless so ordered.

3-8 21. EMERGENCIES

The Engineer or the Inspector has authority to stop the progress of the work, whenever, in his or her opinion, such stoppage may be necessary to ensure its' proper execution. In any emergency affecting or threatening the safety of life, or of the structure, or of adjoining property, the Engineer or the Inspector has authority to make such changes and to order such work extra to the Contract or otherwise, as may, in his or her opinion, be necessary.

22. PERMITS, NOTICES, LAWS AND RULES

The Contractor shall obtain and pay for all necessary permits or licenses required for the execution of the work. The Contractor shall give all necessary notices and pay for all fees required by law, and shall comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of public health and safety.

23. PATENT FEES

The Contractor shall pay all royalties and patent licenses fees required for the performance of the Contract and such royalties or fees shall be deemed to have been included in the Contract Price. He shall save the Owner harmless from loss on account of suits or claims which may arise by reason of the work for infringement of any patent of invention by the Contractor or anyone for whose acts he may be liable.

24. WORKER'S COMPENSATION

The Contractor shall protect all his or her employees against loss or injury which may occur under this Contract, in accordance with the Workers' Compensation Act of the Province of Newfoundland, and shall upon request, produce certificates to show that such coverage is carried by him.

25. PROTECTION OF WORK AND PROPERTY

The Contractor shall maintain continuously adequate protection of all his or her work from damage and shall take all reasonable precautions to protect the Owner's property from all injury arising in connection with this Contract. He shall make good any damage or injury to the property of the Owner resulting from lack of reasonable protective precautions.

3-9

The Contractor shall adhere to all applicable requirements of the following standards:

(a) The National Building Code, Part 8, Construction Safety Measures (Latest Edition). (b) The Workplace, Health, Safety and Compensation Commission Accident Prevention

Regulation (Latest Edition). (c) Canadian Code for Construction Safety (Latest Edition) as issued by the Associate

Committee of the National Building Code.

26. CONTRACTOR'S LIABILITY INSURANCE

The Contractor shall indemnify and save harmless the Owner, Engineer, Inspector, their agents and employees against all risks and liabilities of every character, and against all suits, claims and demands whatsoever, brought against them on account of, or by reason of, any injury or damage, or alleged injury or damage, to any person or property, resulting from the operation or operations of the Contractor, Subcontractor or any of their respective agents or employees, in the performance of the work, or from any failure, neglect or omission on the part of the Contractor, Subcontractor, or any of their respective agents or employees, to perform any and all acts required to be done under the Contract, or from any faulty or improper material or equipment used in the prosecution of the work.

For this purpose the Contractor shall secure and maintain general liability insurance acceptable to the Owner. Such insurance shall cover premises and operations liability, Contractor's contingent liability with respect to the operations of Subcontractors, complete operations liability and contractual liability. The following minimum limits shall apply:

(a) Comprehensive Minimum General Liability - $1,000,000 for contracts less than or equal to $100,000.00; and $2,000,000 for contracts greater than $100,000.

(b) Standard Automobile Policy Liability - $1,000,000 for all contracts.

Prior to the commencement of work, the Contractor shall file with the Engineer a copy of each insurance policy. All such insurance shall be maintained until final completion of the work, including the making good of faulty work or materials pursuant to these "General Conditions".

27. FIRE PRECAUTION

The Contractor shall at his or her own expense, take special precautions to prevent fire occurring in or about the works, and employ his or her own employees, in extinguishing all such fires which may occur; and shall observe and comply with all laws and regulations with respect to fires and the prevention and extinguishing of fires, and shall pay all wages and other outlay occasioned by reason of the observance and compliance with such regulations and instructions.

3-1028. PROTECTION AGAINST NEGLIGENCE AND DAMAGE

The Contractor shall take all proper precautions by use of adequate barriers, notices, lights, and security for the prevention of accidents, and he shall indemnify and save harmless the Owner from all suits and actions for damages to which the Owner may be put by reason of injury to persons or property resulting from negligence, carelessness, or any cause whatsoever in the performance, non-performance or past performance of the work.

Under no circumstances shall any trench or excavation be left open or unguarded, or accessible to the public who may be in the area.

The Contractor shall maintain a gate at each access to new construction where such a gate is deemed necessary for the uninterrupted progress of his or her work. Whether or not gates are maintained, the Contractor shall, at no additional cost to the Owner, repair or replace, to the satisfaction of the Engineer, any portion of the work that has been damaged by any cause whatsoever prior to completion.

29. CLEANING UP

The Contractor shall at all times keep the site free from accumulations of waste material or rubbish caused by his or her employees or work, and at the completion of the work he shall remove all rubbish and his or her tools, equipment and surplus material from and about the site and shall leave the site in a neat and tidy condition. In case of dispute the Owner may remove such rubbish, and the cost of such removal shall be charged against the Contractor.

30. DELAYS

If the Contractor is delayed in the completion of the work by an act of neglect of the Owner, or any employee or agent, of the Owner or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay by common carriers, or unavoidable casualties or by any other cause of any kind whatsoever beyond the Contractor's control which the Engineer shall determine has justified the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide.

No extension shall be made for delay unless written notice of claim is given to the Engineer within seven days of the commencement of the delay, provided however, that in the case of a continuing cause of delay, only one claim shall be necessary.

The Engineer shall not, except by written notice to the Contractor, stop or delay any part of the main contract work, pending decisions or proposed changes either by him or herself or by the Owner.

3-1131. OWNER'S RIGHT TO DO WORK

If the Contractor should neglect to prosecute the work properly, or fail to perform any provision of this Contract, the Owner or his or her designated official, after three days written notice to the Contractor, may, without prejudice to any other right or remedy he may have, make good deficiencies, and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor.

32. OWNER'S RIGHTS TO TERMINATE CONTRACT

(a) If the Contractor (i) should be adjudged bankrupt, or (ii) should make a general assignment for the benefit of his or her creditors, or (iii) has a receiver appointed on account of his or her insolvency, or (iv) should, except as provided in these "General Conditions", refuse to, or fail to supply

enough properly skilled employees or proper materials or equipment, after having received seven days notice in writing from the Engineer to supply additional employees, materials or equipment, or

(v) should fail to make prompt payment to Subcontractors for material, labour or equipment, or

(vi) should persistently disregard laws, ordinances or instructions, of the Engineer, or otherwise be guilty of a substantial violation of the provisions of the Contract,

then the Owner or his or her designated official, upon certificate of the Engineer that sufficient cause exists to justify such action, may without prejudice to any other right of remedy, terminate the Contract by giving the Contractor written notice and take possession of the premises and all material, tools and appliances thereon, and finish the work by whatever method he may deem expedient, but without undue delay or expense.

In such case, the Contractor shall not be entitled to receive any further or back payments until the work is finished. If the unpaid balance of the Contract Price shall exceed the expense of finishing the work, including the extra costs for additional services of the Engineer, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, shall be certified by the Engineer.

(b) If, due to the presence of unexpected rock conditions, the amount of rock excavation or fill required to carry out the work according to specifications would, in the opinion of the Engineer, increase the final Contract Price by more than 25% of the Total Tender Price, the Owner may terminate the Contract by giving the Contractor three days written notice.

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In the event of such termination, the Owner shall be obligated to pay for actual work done to the date of termination. The Contractor shall not be entitled to receive any further or other sums in respect to termination under this condition (b).

33. CERTIFICATES AND PAYMENTS

At the end of each working month the Engineer or the Inspector shall inspect, measure, check, observe and note the conditions and extent of the work done. He shall prepare a contract payment certificate based on his or her measurements and inspection and the Contractor's schedule of work. This contract payment certificate shall be prepared in as many copies as the Owner may require, and shall be forwarded to the Owner for payment within one week of the date inspection. Three weeks after the date of the receipt by the Owner of the contract payment certificate, the Owner shall pay to the Contractor the sum certified in said certificate less a 10% holdback as required under the Mechanics Lien Act.

If payment is not made within sixty (60) days of issuance of a certificate for payment by the Engineer (or by the Inspector where authorized by the Engineer), the Owner shall be liable for interest on the amount owing at the rate of 1.5% above the bank rate per annum from the 61st day to the date of payment. The bank rate shall be the rate established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to the chartered banks.

34. SUBSTANTIAL PERFORMANCE

When the Contractor shall have substantially performed the work in accordance with the terms of the contract documents, he shall notify the Engineer in writing and request a complete inspection and certification of the work. The Engineer shall provide a complete inspection of the work within seven (7) days of receipt of the request and shall advise the Contractor if the issuance of a Certificate of Substantial Performance is in order.

Subject to Clause 36, upon the expiration of thirty (30) days from issuing of the Certificate of Substantial Performance and provided that no lien or privilege claims against the work exist and upon receipt of acceptable evidence that the Contractor has fully paid all debts for timber royalties, labour, materials and equipment incurred in connection with the work, and that the Owner is completely freed of all liens, lien holdbacks will be released.

35. TOTAL PERFORMANCE

When all deficiencies have been completed (unless otherwise agreed not later than one month after issuance of the Certificate of Substantial Performance) the Contractor shall so advise the Engineer in writing requesting a final inspection. The Engineer shall provide a complete inspection within seven (7) days of receipt of the request and shall advise the Contractor if issuance of Certificate of Total Performance is in order.

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The issuance of the Certificate of Total Performance shall constitute a waiver of all claims by the Owner against the Contractor, except those previously made in writing and still unsettled, if any, and those arising from any warrant, or those arising from negligence on the part of the Contractor.

The acceptance of the Certificate of Total Performance or of the payment due thereunder shall constitute a waiver of all claims by the Contractor against the Owner except those made in writing prior to his or her application for payment upon Total Performance of the Contract and still unsettled, if any.

36. OWNER'S CLAIMS

Notwithstanding any other provision of this Contract, the Owner may:

(a) in the event of a claim by the Owner against the Contractor for damages arising out of the performance or non-performance of the Contract, withhold payment of any amount equal to the alleged damages until the liability for damages is established and no amount of interest will be paid on amounts held under this Clause;

(b) set-off amounts owing by the Contractor to the Owner;

(c) following the issuance of the Certificate of Substantial Performance, withhold payment of an amount equal to twice the cost, as estimated by the Engineer, of remedying deficiencies until the issuance of a Certificate of Total Performance and no amount of interest will be paid on amounts held under this Clause.

37. ASSIGNMENT

The Contractor shall not assign the Contract or any part thereof or any benefit or interest therein or thereunder without the written consent of the Owner. It is further agreed that the said written consent of the Owner shall not, under any circumstances, relieve the Contractor of his or her liabilities and obligations under this Contract.

38. LIENS

Neither the final, nor any payment, nor any part thereof, shall become due until the Contractor obtains and delivers to the Owner a complete release of all liens arising out of this Contract, which may have been registered against the work and, in the case of the final payment, the Contractor shall provide a statutory declaration in form, satisfactory to the Engineer that all the Contractor's obligations to and claims by third parties arising in connection with the work (including royalty due from timber cut on right-of-way) have been discharged and satisfied. The Contractor may, if any Subcontractors refuse to furnish a release of such a lien, furnish a bond satisfactory to the Owner to indemnify him against any claim under such lien.

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39. LABOUR STANDARDS

(a) The labour standards at the work site must satisfy the following minimum conditions:-

(i) Rates of pay, prevailing in the area of employment for each classification of work, subject to the minimum wage specified in Provincial legislation, must be paid.

(ii) To the extent that there are higher Provincial standards applicable to particular occupations of regions, they will apply.

(iii) There shall be no discrimination for employment of persons on this project by reason of race, sex, religion or political affiliation.

(b) A copy of appropriate and valid labour standards regulations must be kept posted in conspicuous place on the job site.

40. GOVERNMENTAL REQUIREMENTS

Notwithstanding anything contained in the "General Conditions" or elsewhere in the Contract Documents, the Contractor shall observe and comply with all demands and requirements of any department or agency of the Government of Canada, the Government of Newfoundland and Labrador, or any municipalities in connection with the work to be performed by the Contractor.

41. SETTLEMENT OF DISPUTES AND CLAIMS

In the case of any disputes or claim arising between the Owner and the Contractor as to their respective rights and obligations under the Contract, either party hereto may give the other written notification of such dispute or claim. The notification of dispute or claim shall be made within fourteen (14) days of the dispute or cause of action rising. If the dispute or claim cannot be resolved to the satisfaction of both parties, either party may refer the matter to such judicial tribunal as the circumstances require.

Legal proceedings shall not take place until after the performance of the substantial performance of the disputed work except:

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1. when the dispute concerns a certificate of payment.

2. where either party can show that the matter in dispute requires immediate consideration while evidence is available.

3. in the case of legal proceedings, where the action may become prescribed by reason of delay.

42. INSTALLATION OF TEMPORARY STREAM CROSSING DEVICES

The Contractor shall not cross a stream with forest harvesting or road building equipment without installation of a temporary or permanent stream crossing devise unless permission is granted by a Forestry Official. It is recognized that circumstances will arise (i.e clearing of right of way) when crossing of a stream is required prior to the installation of the permanent stream crossing device. In these situations the contractor must utilize either a portable/temporary bridge or a brush mat of sufficient size to permit water passage and to minimize damage to the stream banks. The contractor shall be responsible for the rehabilitation of any area around a crossing which has been damaged. The contractor is also responsible for notifying the Resource Road Inspector or Engineer of his intentions to utilize a temporary stream crossing device.

43. TIME OF COMPLETION

The work shall be completed on or before .

(Rev. 05-02-17) 4-1 GENERAL SPECIFICATIONS

CLEARING OF RIGHT-OF-WAY (SECTION 1)

1. DESCRIPTION OF WORK

Under this item, the Contractor shall perform all operations in connection with clearing for the permanent work along the length of the project route for the purpose of salvaging merchantable timber and cutting a clear area for the roadway.

Prior to the start of work it is the responsibility of the Contractor to obtain a commercial cutting and operating permit from a local Newfoundland and Labrador Department of Natural Resources District Office.

2. GENERAL

Clearing shall be performed within the minimum width specified in "Construction Specifications", Page 5-1 and where directed by the Engineer on such areas within or without the limits of the roadway, for the purpose of constructing the roadway, sideslopes, off-take ditches, stream diversions and borrow pits.

3. CLEARING

Clearing shall consist of the felling, the trimming, the cutting up of trees and the satisfactory salvage of the trees together with the cutting down of snags, brush and rubbish occurring within the area to be cleared. Trees, other vegetation, stumps, roots and brush in areas to be cleared shall be cut off fifteen (15) centimeters above the original ground surface or as close to the ground as practical under snow conditions. The use of fellerbunchers for clearing will be acceptable. However, a final inspection of the road will not be carried out until all bunched timber has been processed at roadside.

4. SALVAGE OF CLEARED MATERIAL

All timber shall be salvaged as stated in the Contractor's Cutting Permit (and associated regulations) and will become the property of the Contractor. The Contractor may arrange to pile the timber along the edge of the roadway right-of-way in a suitable manner so as not to interfere with roadway construction. The Contractor must then ensure the removal of the timber within the time frame specified in the cutting permit or it will be forfeited by the Owner to the Crown. All timber must be disposed of, as stated in the Forestry Act or Regulations.

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5. PAYMENT

Payment will be made at the Contract unit price per hectare for the total length of land that has been cleared by the Contractor based on the width of right-of-way specified in "Construction Specifications", Page 5-1

In cases where Construction Specifications stipulate that certain sections along the right-of-way are to be cleared to widths other than the aforementioned; payment will be based on the unit price per hectare multiplied by the area cleared along that section.

6. BRUSH MATS/CORDUROY

The Contractor may encounter instances where either the use of brush mats or corduroy are called for in the Contract or is identified in the field by the Engineer or Inspector. In constructing a brush mat or corduroy the Contractor should first use submerchantable or non-merchantable stems. In the event that these are not present or sufficient; permission must be obtained from the Engineer or Inspector prior to merchantable stems being utilized. Stems are to be placed in a “butt to top” alternating fashion for the entire length of the area to be brush matted. Upon completion of subgrade, the Contractor must trim all excess brush mat and leave the shoulder of the road in a neat and tidy fashion.

(Rev. 05-02-17) 4-3

STRIPPING(SECTION 2)

1. DESCRIPTION

Under this item the Contractor will perform all operations in connection with stripping cleared areas along the uncompleted length of the route.

2. GENERAL

Area to be stripped shall consist of all excavations and embankments less than one (1) meter high and all ditches. Embankments greater than one (1) meter shall not be stripped and brush, rotten wood and other refuse from clearing may be used as a mat or used as fill in areas requiring deep fill provided it is well packed and covered with at least one (1) meter of acceptable granular fill.

3. STRIPPING

Stripping shall consist of the removal and disposal of all stumps, roots larger than four (4) centimeter diameter, matted roots, moss, bog, surface boulders, and any other vegetation or debris. Stripped material not used in the construction of the road bed shall be pushed to the edge of the right-of-way and left in a neat and tidy fashion so as not to obstruct access to adjacent forest land. Stripped material must not exceed one (1) meter in height.

4. MEASUREMENT AND PAYMENT

Payment will be made at the Contract unit price per kilometer for all areas stripped over the total length of the roadway and to a width necessary to accommodate construction.

(Rev. DEC 2006) 4-4

CULVERTS(SECTION 3)

1. DESCRIPTION

This work shall consist of supplying and placing metal or HDP pipes, jointing material and couplers in accordance with the plans and specifications.

2. MATERIALS

Corrugated metal pipe (CMP) 600 mm or less in diameter, shall be 1.6 mm thickness or heavier metal. CMP’s greater than 600 mm up to 1,000 mm shall have a thickness of 2.0 mm or heavier metal. CMP’s greater than 1,000 mm shall not have a thickness less than 2.8 mm. CMP’s greater than 1,400 mm must have a corrugation profile of 76 mm x 25 mm. Unless otherwise stated, High Density Polyethylene Culverts (HDP Culvert’s) will be an acceptable substitute to CMP’s. These culverts must be constructed of high density polyethylene with 210 kPa stiffness, be double walled, hollow inside and applicable for Forestry application.

3. CULVERT PLACEMENT

The Contractor shall shape the trench to conform to the bottom of the culvert and shall provide a uniformly firm bed throughout the entire length. Where an unsuitable soil is encountered at the bottom of the trench, suitable material shall be substituted and compacted to the satisfaction of the Engineer. Proper equipment or sufficient personnel are to be provided for lowering the culvert into the trench. After culvert joints and alignment have been inspected, the culvert shall be backfilled with select granular material to a point not less than sixty (60) centimeters above the top of the culvert. This backfill material shall be deposited equally on both sides of the culvert in layers and thoroughly compacted. If the road depth is such that the culvert cannot be placed sixty (60) centimeters into the roadbed, the road must be built up to this height. It will be necessary to backslope twenty-five (25) meters on both side of such culvert.

4. EMBEDDING & IN THE DRY INSTALLATION

All culvert bottoms in fish bearing streams are to be placed below the natural streambed level according to the following criteria: for culverts less than 750mm outside diameter, one-third the diameter of the pipe should be below the streambed; for culverts greater than 750mm outside diameter, a minimum of 300mm below the streambed. The only exception to this would be when bedrock is encountered and it is impossible to embed the culvert. Such situations must be identified to the resource road inspector prior to culvert placement.

Culverts that are to be installed on fish bearing streams must be installed “In-the Dry”. Refer to Appendix I for culvert installation techniques.

4-5 5. BLOCKING

All culverts 900mm and greater are to be blocked during installation so as to avoid failure. The contractor is to place rough lumber along the top and bottom of the culvert and blocks in between to provide support during backfilling of the culvert. Once properly placed backfill material has reached 3/4 of the height of the culvert, this blocking is to be removed to allow for proper culvert settlement.

The Contractor will be required to use a mechanical tamper to ensure proper installation of all culverts 900mm or greater. Backfill should be spread and compacted in 150mm (6") lifts alternating from one side of the culvert to the other and should extend above the culvert to the minimum height of cover specified in the "Construction Specifications", and if not specified there, as stated under this section. If the proper installation method is not utilized, the Contractor will be responsible for all costs associated with culvert failure.

6. EMBANKMENT SLOPE AND COMPACTION

The contractor must ensure that the road embankment slope is at 1.5:1 (as per Drawing No.3) for a minimum of 10 m on all sides of culverts. The immediate area around culvert inlet and outlet is to be compacted (with bucket) prior to placement of riprap or armour stone.

7. RIPRAP

Riprap shall be laid at the upstream and downstream end of all culverts. The Contractor shall utilize stones with an average diameter between 20-30 centimetres as riprap. The Contractor shall place by hand, larger stones at the bottom and take care to place the stones as close together as possible. The minimum requirements for riprap are shown below.

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8. SITE REHABILITATION

The Contractor shall supply and spread grass seed on all sides of culverts 900 mm and greater to mitigate the possible negative effects of silt entering the stream. This will be done to the satisfaction of the Resource Roads Engineer or Inspector. Excessive disturbance to the stream banks may, at the Engineer's discretion, require the placement of filter fabrics or hay to lessen effects of siltation. All culverts less than 900mm will be subject to these remedial measures if it is determined by the Engineer that such action is necessary to alleviate environmental problems.

9. PAYMENT

Payment for the supply, transportation, installation, backfilling, riprapping and site rehabilitation shall be made at the unit price quoted for all culverts. This shall include any extra culverts that may be required to complete said job.

(Rev. 05-02-17)) 4-7

ROADWAY EXCAVATION AND GRADING(SECTION 4)

1. DESCRIPTION

This work shall consist of excavating materials as required to construct the roadway to a minimum top width and with such materials as to permit loaded trucks to travel at normal speeds as indicated in the "Construction Specifications".

Grading shall consist of the hauling, levelling, shaping, ripping of cuts, filling of embankments, trimming of side slopes and the construction of ditches.

2. EXCAVATING EARTH

Earth shall be excavated as required to complete earth cuts, ditching, sub-excavation and shall include hauling handling and disposal as directed.

The Contractor may, with the approval of the Engineer or Inspector, excavate outside the limits of the roadway for the purpose of obtaining suitable and/or sufficient material to complete embankments. All holes/pits are to be filled in with grubbing material.

All earth cuts shall be finished to true cross sections as excavations progress.

The Contractor is responsible for constructing the road to the grades indicated on the road profile. These grades shall govern. Volume of cuts and fills indicated on the profile are based on overburden estimates and are only included as a guide.

All suitable material excavated is to be utilized within the limits of the embankments. Materials considered unsuitable by the Engineer or his or her Inspector shall be disposed of outside the working limits and neatly trimmed.

3. EARTH EMBANKMENT CONSTRUCTION

The Contractor shall be responsible for selecting material from excavations which are part of this Contract or when approved by the Engineer or Inspector which can be spread and compacted. In no case shall fill containing frozen material, material with an excessive moisture content, or any deleterious materials be used for earth embankment construction.

Earth embankments shall be built to uniform grades and cross sections (see Exhibit 3) and only approved materials shall be used. The depth of the embankment shall be a minimum of 0.6 meters in those areas where no grubbing has been undertaken and the brush has been left as a mat.

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In those areas that have been grubbed, embankments shall be deep enough to provide a uniform surface and to avoid roadway surface water accumulating from surrounding areas. In areas where the brush is required as a mat, the Contractor shall utilize brush from the roadway right-of-way, unless otherwise directed by the Engineer or Inspector.

4. DITCHES

All ditches pertaining to the drainage of the road whether within the limits of the right-of-way or not, shall be considered part of the Contract. All materials excavated from ditches if suitable for constructing roadway fills shall be deposited in adjacent embankments. Materials not suitable for roadway fills shall be deposited in flat waste banks. Ditches shall be a minimum of 0.6 meters deep and a maximum of 1.2 meters deep, unless otherwise specified by the Engineer.

All side slopes must be scaled down and all rocks and fragments, liable to slide down the slopes and block the drainage, shall be removed to the satisfaction of the Engineer.

All drainage is to be so channelled as to avoid damage to roadway areas by erosion.

Hills over 215 meters long with grades in excess of 10% shall have culverts with baffles on one end and cutoff ditches every 150 meters along the road as shown in Drawing Number 5. A baffle can be constructed from gabion baskets, wooden structures, rock walls or other materials prior approved by the Engineer (gravel or sand is unacceptable). Unless otherwise specified, the height of the baffle shall be a minimum of one-half the diameter of the culvert requiring the baffle. Specific areas where this is required are indicated in the Construction Specifications.

5. ROADWAY SURFACE

The subgrade surface of both cut and fill sections shall be finished to the required cross section. The surface shall be of suitable granular material, placed to a minimum depth of ten (10) centimeters, compacted and sufficiently crowned to permit runoff. No stones larger than fifteen (15) centimeters shall be used in the construction of the top thirty (30) centimeters depth of surface. Roadway Surface includes all turnarounds and pull offs.

In some instances the Owner may designate a pit from which surfacing material is to be obtained in a quantity as per the unit price table. In instances where the contractor derives suitable surfacing material from the ditch or right of way rather than from the designated pit a deduction will be made to the unit quantity equal to the distance not surfaced from the designated pit.

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6. MOBILIZATION AND DEMOBILIZATION

The Contractor is responsible for mobilization and demobilization of his or her equipment and plant to and from the job site, and shall include all cost in the unit price tender quotation. The Contractor is to move all equipment and plant and travel over the present roads in a manner that would minimize the interference with others working in the area.

7. COMPACTION

Compaction resulting from the normal traffic of dump trucks during construction is considered sufficient. However, the Contractor is required on return trips to route his or her trucks and earth moving equipment to the softer side shoulders of the road in order that these may be compacted to a degree similar to the travelled centre portion of the road. Compaction by track vehicles (including excavators) is not sufficient.

Should little or no traffic by wheeled dump trucks result during construction, the Contractor is required to effect an equivalent degree of compaction by means of a rubber tire compactor. This operation is to be carried out just prior to final grading. Any resulting soft or uneven areas are to be redressed.

8. FINAL GRADING

After all traffic by heavy construction machinery has ceased, all road surfaces, including turnarounds and pull offs, shall be given a heavy and thorough grading by a wheeled grader so as to give a proper crowned and even surface to the road. The Contractor shall not leave windrows of graded material on the shoulders of the road.

9. PAYMENT

Payment will be made at the unit prices listed in the "Schedule of Items and Price", for providing all services, labour and equipment required to construct all earth works for the roadway, including brushmatting.

10. ROCK EXCAVATION

In most cases rock excavation is to be avoided. Should rock outcrops be encountered, the Engineer shall decide if it is appropriate to build the road over rock by raising the road profile in which case the Contractor shall be responsible for providing the necessary fill up to one (1) meter in depth. There shall be no extra payments for the one (1) meter depth of fill supplied. However, the Owner will pay extra for fill greater than one (1) meter depth as determined by the Engineer or Inspector.

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If rock may be encountered, included in the tender, "Schedule of Items and Prices", is an estimated quantity of rock excavation that may be required. Should the Engineer deem that this rock blasting and excavation be necessary, the Inspector or the Engineer, priorto blasting, shall measure and determine the actual quantity of rock to be blasted and excavated. No measurements shall be taken until the Contractor removes all overburden and loose rock. The Engineer may then order in writing that the blasting and excavation be carried out and payment shall be made at the unit price tendered for rock excavation.

Soft or loose rock (i.e. shale) considered by the Engineer as suitable for ripping and/or excavation without the use of explosives shall not be subject to extra payment but shall be considered as part of the tendered normal excavation and grading items.

If rock excavation is not included in the contract, the Contractor, Engineer and Owner will negotiate a unit price for carrying out the necessary blasting and excavation, and then the Engineer may authorize that it be done. Payment shall be at the agreed unit price per cubic meter for each rock obstruction so removed.

If agreement on a price cannot be reached, the Engineer may order that the work be carried out by forced account on the following basis:-

i) Basic wages or salaries paid to all on site personnel required to perform the work in accordance with direction and devoting their exclusive attention to this work.

ii) Twenty-five percent of item (i) which shall cover the cost of clerical work, Workplace, Health, Safety Compensation, holiday pay, unemployment insurance, other necessary insurance and overheads.

iii) Rental of construction equipment and tools, other than small tools customarily provided by tradesmen at the going rates for similar equipment in the area, subject to prior approval.

iv) No compensation for extra work or material shall be allowed unless such work or material is ordered in writing by the Engineer.

v) Fifteen percent of the sum of items (i), (ii) and (iii) which shall be considered as covering all other expenses and profit.

Or the Owner may have the work done by others in which case the Contractor may resume his or her work in the vicinity of the rock excavation upon completion of the work by others.

If the rock work is done by others, the Owner and the Engineer shall make every effort to have the work done as expeditiously and with as little interference with the Contractor as possible. The Contractor shall not interfere with the rock work and shall make no claim for any delays or inconvenience suffered.

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11. BLASTING OF DITCHLINE

In the event of blasting of ditchline is required, the final dimensions of said work is to be in accordance as per Drawing No 11

12. GEOTEXTILES AND GEOGRIDS

The Contractor shall follow all manufacturers instructions for the proper installation of any geotextiles or geogrids supplied by the Owner or Inspector. The cost of such installation will not be considered an extra; but rather considered as part of Roadway Excavation and Grading.

(Rev. 11-03-01) 4-12

GENERAL BRIDGE SPECIFICATIONS(SECTION 5)

1. General Description

This work shall consist of the construction of one foot clear span wooden bridge, 16 feet wide, two abutments and bridge approaches.

2. General Location

See "Construction Specifications", Page 5-1, Clause 1.

3. Work

The work on this contract will consist of the construction of a bridge and includes, but is not necessarily limited to the following principle features:

(i) One foot clear span (ii) Two abutments (iii) Bridge approaches (iv) Guard rail and signage

4. Mobilization and Demobilization

The Contractor is responsible for mobilization and demobilization of his or her equipment and plant to and from the job site, and shall include all cost in the unit price tender quotation. The Contractor is to move all equipment and plant and travel over the present roads in a manner that would minimize the interference with others working in the area.

(Rev 11-03-01) 4-13 NEW BRIDGE

1. Description

This work consists of the construction of one clear span wooden bridge 16 feet wide.The construction shall be in accordance with Drawing .

2. Work

The Contractor shall furnish all materials, labour and equipment required to complete the construction including some timber, drift bolts, threaded rods, nuts, washers, preservatives and brushes.

3. Materials

The contractor may use local sawn timber (spruce, fir, larch or pine; not aspen or birch) which is straight and of good quality for the, running surface and wheel-guards.

In instances where the Department of Natural Resources does not supply bridge materials, the following will apply:

1) Decking will be Alkaline Copper Quaternary (ACQ) or Copper Azole (CA) pressure treated.

2) The bridge stringers will be B.C. Fir, long - and Alkaline Copper Quaternary (ACQ) or Copper Azole (CA) pressure treated. Stringers this size and pressure treated may be available from:

Newfoundland Hardwoods Limited, phone # 1- 709-466-7941 Marwood Limited, phone # 1-800-461-8838 Goodfellows Inc, phone # 1-800-361-6503

3) The contractor will use 12" x 12" timber to be used as bearing sills and spacer between stringers and he shall be required to thoroughly brush coat all cuts made to this timber with an ACQ or CA preservative or equivalent solution.

Drift bolts, threaded rods, nuts and washers shall be of a new material and of a size and length shown on the drawing.

Armour Stone shall be placed on both sides of each abutment to protect the structure and to retain the roadway fill in times of high water. The armour stone must be between 500mm to1000mm in diameter and placed a minimum of 5.0 meters back along the bridge approaches. The height of this rock protection shall be 30cm less than the road height (see attached drawing). Shale rock will not be permitted.

4-14

4. Placement

The Contractor shall remove all loose stone from where the abutments will sit and prepare a level foundation before placing any of the abutments. The contractor must form a rock base of a minimum of 45cm deep with compacted material before the concrete blocks are placed.

The concrete abutments must be installed plumb and level.

5. Alternative

Should the Contractor have suitable materials available or wish to change the design indicated, he may submit all details to the Engineer for approval.

6. Steel Wire Basket Abutments

In instances where steel wire basket abutments are specified in the contract the contractor shall adhere to Drawing No. 9 for basket installation techniques.

7. Guardrail and Signage

One 4 m length of guardrail shall be erected on all four corners of the bridge. The guardrail shall be attached to eight 6 x 6 x 8 foot wooden posts which are to be positioned in the roadway shoulder at a slight angle to result in the flaring of the guardrail. Four standard terminal end posts are to be attached to the outermost ends of the guardrails.

Two narrow bridge signs are to be attached to 4 x 4 x 10 foot posts which are to be erected 150 m from both ends of the structure to warn drivers of a narrow crossing. The costs involved with the installation of guardrail and signage and supply of wooden posts will not be considered an extra but included in the price bid for bridge installation.

8. Payment

Payment shall be made at the unit price bid for all labour, materials, equipment required for the complete bridges. No adjustments in price will be allowed for alternate structures that have been prior approved by the Engineer.

(Rev. Mar 2011-03-01) 4-15

BRIDGE APPROACH EMBANKMENT

1. Description

This work shall consist of excavating materials as required to construct the bridge approaches to a minimum top width of seven meters immediately adjacent to the bridge and widen out to the full width of the road 3 m afterwards with such materials so that travel across the bridge and installation of guardrail is possible.

Grading shall consist of levelling, shaping, filling of embankments, trimming of side slopes and the construction of ditches.

2. Earth Embankment Construction

The Contractor shall be responsible for selecting material from excavations or pits which can be spread and compacted. In no case shall fill containing frozen materials, material with excess moisture content, or any deleterious materials be used for earth embankment construction.

The Contractor shall supply and spread grass seed on all sides of the bridge embankments and as required to the satisfaction of the Resource Roads Engineer or Inspector.Excessive disturbance to the stream banks may, at the Engineer's discretion, require the placement of filter fabrics or hay to mitigate the negative effects of siltation.

3. Roadway Surface

The sub grade surface of both cut and fill sections shall be finished so that the approach grade to the bridge does not exceed two percent (2%). It may be necessary to back slope twenty-five (25) meters on both sides of the bridge approaches to maintain the two percent (2%) grade. The surface shall be compacted and sufficiently crowned to permit run-off. No stones larger than fifteen (15) centimeters shall be used in the construction of the top thirty (30) centimeters depth of surface.

4. Compaction and Placement of Armourstone

To assist in the stabilization of the bridge approaches the Contractor shall compact (with bucket of excavator) the shoulders on both sides of both approaches for a distance of 10m. Armour stone of dimensions 500mm - 1000 mm, shall then be installed to a height of 30 cm less the height of the roadway for a distance of 5 m on both sides of both approaches.

4-16

5. Payment

Payment will be made at the tendered unit price for providing all services, labour and equipment required to construct all earth works for the bridge approaches, including site rehabilitation measures stated in Clause 2 in this section.

(Rev. 05-02-18)

AUTHORIZATION FOR STREAM CROSSINGS

It is a requirement that all persons, companies and/or individuals planning to

construct and install a bridge and/or culverts (1,000mm diameter or greater) obtain

written authorization from the Department of Fisheries and Oceans before any

instream work can take place. This authorization has been obtained on the

Contractor’s behalf by the Newfoundland and Labrador Department of Natural

Resources. A copy of this shall be provided to the Contractor upon awarding of

tender. The contractor must have this authorization onsite during any instream

work.

(Rev. 04-03-19) 6-1

General Environmental Specifications

Contractors are required to comply with these specifications in order to eliminate or minimize the detrimental effects of road construction on the environment and fishery resource of this Province.

All efforts must be made by the Contractor to prevent the entry of silt, slash, tops or any other deleterious materials into any streams or ponds located on or adjacent to the construction route. Excessive bulldozing will not be tolerated. All costs for environmental adherence are to be borne by the Contractor and are to be included in the contract price bid.

A) Siltation

i) The Contractor must maintain a buffer strip of at least 30 meters between the road construction area and any adjacent body of water.

ii) The Contractor will not extend push lanes to streams or ponds.

iii) The Contractor will not back fill into streams or ponds.

iv) The Contractor will not remove gravel from the bed or bank of any pond or stream.

v) Where activities may cause sediment-laden run-off, sediment control measures such as filter fabrics or sedimentation ponds are to be installed by the Contractor.

B) Stream Crossing

i) The Contractor must make every effort to ensure that slash, tops or other construction materials do not enter streams or ponds. Any material felled in a waterbody is to be removed.

ii) The Contractor must leave a ground vegetation buffer zone of at least 30 meters both sides of any proposed bridge site or large culvert crossing. Gravel for these sections of road, including the bridge approach embankments, must be trucked.

iii) The Contractor must minimize the use of heavy equipment in streams. Any work

should be carried out from dry stable areas where possible.

iv) All culverts should be set into the streambed as stated in "Culverts", Section 3, Page 4-4.

v) Take-off ditching should be used on both sides of the road or in conjunction with culverts to divert the ditch flow off into the woods or stable vegetation areas before reaching the waterbody.

6-2

vi) When working near waterbodies, road building operations causing erosion or siltation are to be suspended during periods of intense rainfall or when soils are saturated.

vii) All in-stream work is to be done in the dry. Coffer dams of non-erodible material are to be used to separate work areas from the stream when installing bridges or similar structures requiring abutments, or footings.

Water pumped from work areas and coffer dams is to be directed into a settling pond or stable vegetation areas.

viii) Not more than one-third of the stream width is to be blocked at any one time.

ix) The stream banks are to be restored to their natural state upon completion and removal of the coffer dam. In some instances, this may mean seeding and other stabilization controls when diameter of culvert is 900 mm or greater as stated in "Culverts" Section 3, Page 4-5

C) Gravel Pits

i) Overburden or grubbed material pushed off any gravel pit site must be retained in a manner that allows it to be pushed back into the pit after construction and spread in a neat and tidy fashion.

ii) Existing pits are to be used where possible; minimize the opening of new pits.

D) Site

i) The Contractor is to make every effort to maintain a clean and tidy work site. No garbage, construction debris, oil, diesel or their containers are to be deposited on the site.

Failure to comply with the Environmental Specifications could result in:

i) Charges being laid by the Provincial Department of Environmentand Conservation, the Federal Department of Fisheries and Oceans or other Government agencies.

ii) The termination of this contract by the Newfoundland and Labrador Department of Natural Resources.

(Rev. 04-03-19) 6-3

Environmental Specifications When Operating in A Protected Water Supply

A) Fuel Storage & Usage

i) There shall be no bulk fuel storage associated with this project within the protected water supply area. Fuel shall be brought to the operating area in no more than two (2), 205 litre barrels, one (1) 500 litre “slip tank”. Or daily delivery by a fuel supplier.

ii) Refuelling sites shall be located at least 150 metres from any water body or wetland.

iii) The proponent is hereby informed that fuel storage and handling requires a separate approval under the Storage and Handling of Gasoline and Associated Products Regulations, CNR 775/96.

iv) All waste material and products are to be collected in refuse containers, and disposed of at an approved waste disposal site outside of the protected area in accordance with the Waste Material Disposal Act. RSN 1990 c.W-4.

B) Oil Spill & Clean Up

i) An Oil spill clean-up kit must be on site at all times when gasoline or fuel powered equipment is being used or refuelled. The kit must contain the following:

* one hand operated fuel pump * one recovery container such as an empty 205 litre drum * one shovel * one pick axe * five metres of containment boom * five absorbent pads * twenty-five litres of loose absorbent material

ii) Oil spills of gasoline, fuel or oil, regardless of volume, shall be reported immediately to the Regional Watershed Management Specialist and the appropriate Municipal Authority or Watershed Management Committee by calling (709) 261-2300 and (709) 292-4280 respectively.

iii) Oil spills in excess of 70 litres shall be reported immediately to the 24 hour spill report line at (709) 722-2083 or 1-800-563-9089.

C) Equipment Usage & Maintenance i) All equipment used in conjunction with this project must be in good working

order with no leaking fuel or oil.

ii) Equipment storage and maintenance facilities associated with this project must not be located within the project area, and all maintenance other than emergency repairs must be conducted outside the Protected Water Supply area.

(Rev. 05-02-17) A-1

FORM OF AGREEMENT

THIS AGREEMENT, made the day of in the year Two Thousand

and

BETWEEN: The Honourable Minister responsible for Newfoundland and Labrador

Department of Natural Resources for and on behalf of the Her Majesty the

Queen in Right of Newfoundland, (hereinafter called the "Owner") of the

first part

AND:

(hereinafter called the "Contractor") of the second part

1. The Contractor shall:

(a) perform all the work required by the contract documents for

(insert here the title of the work and the project).

(b) do and fulfil everything indicated by this Agreement and

(c) commence the work by and substantially perform the work of this

contract as certified by the Engineer by .

A-2

2. The following is an exact list of the Contract Documents referred to in Clause 1

(Insert here, attaching additional pages if required, a list identifying all Contract Documents including: Drawings, giving drawing number, title date, revision date or mark, and Specifications, giving a list of revision marks if any. Clearly identify any modifications to the Contract Documents.)

3. The Owner shall pay to the Contractor in lawful money of Canada for the performance of the Contract, the amounts determined for each of the following items of work completed at the unit price stated hereunder, subject to the adjustments provided herein and in the General Conditions of the Contract. The quantities contained in this schedule are approximate only, and the final payment shall be made for the actual quantities that are incorporated in or made necessary by the work covered by the Contract.

UNIT PRICE TOTAL AMOUNT

ITEM DESCRIPTION UNIT ESTIMATED

QUANTITY

DOLLARS

$$$

CENTS

¢¢¢

DOLLARS

$$$

CENTS¢¢¢

cont'd...

A-3 Table (cont'd)

UNIT PRICE TOTAL AMOUNT

ITEM DESCRIPTION UNIT ESTIMATEDQUANTITY

DOLLARS

$$$

CENTS

¢¢¢

DOLLARS

$$$

CENTS¢¢¢

4. All communications in writing between the parties or between them and the Engineer, shall be deemed to

have been received by the addressee, if delivered to the individual or to a member of the firm or to an officer of the corporation for whom they are intended, or if sent by post or by telegram, addressed as follows:

The Owner at:

Confederation Building, St. John's, NL. Telephone: (709)-729-4180

The Contractor at:

______________ Street and Number Post Office Telephone

The Engineer at:

P.O. Box 2006, Fortis Tower, Corner Brook, NL A2H 6J8 Telephone: (709)-637-2349 office or (709) 632-9810 (cellular)

A-4

The Inspector at:

_____________________ Area of Forestry Office Telephone

IN WITNESS WHEREOF the parties have hereunto their hands and seals subscribed and set the day and year first above written.

SIGNED by the Minister responsible for the Newfoundland and Labrador Department of Natural Resources and the seal of the Department was hereunto affixed in the presence of: -

WITNESS DIRECTOR OF FOREST ENGINEERING & INDUSTRY

SERVICES on behalf of the MINISTER responsible for NEWFOUNDLAND AND LABRADOR DEPARTMENT OF NATURAL RESOURCES

DATE

SIGNED, SEALED AND DELIVERED BY the Contractor in the presence of:

____________________ ______________________ WITNESS CONTRACTOR

______________________ DATE

(Rev. 05-02-22) 4-7

ROADWAY EXCAVATING, GRADING AND SURFACING - CLASS “B”(SECTION 4)

1. DESCRIPTION

This work consists of the excavating and grading of materials to construct a roadway subgrade to the minimum top width, cross section and general profile indicated in the “Construction Specifications”, and the surfacing of the subgrade for the Class “B” road portion of the contract. All construction shall be of suitable materials and, as required, to permit loaded trucks to travel the normal speeds indicated in the “Construction Specifications”.

2. EXCAVATING

Earth shall be excavated as required to complete earth cuts, ditching, sub-excavation and shall include hauling, handling and disposal as directed.

The Contractor may, with the approval of the Engineer or Inspector, excavate outside the limits of the roadway for the purpose of obtaining suitable and/or sufficient material to complete embankments. All holes/pits are to be filled in with grubbing material.

All earth cuts shall be finished to true cross sections as excavations progress.

The Contractor is responsible for constructing the road to the grades indicated on the road profile. These grades shall govern. Volume of cuts and fills indicated on the profile are based on overburden estimates and are only included as a guide.

All suitable material excavated is to be utilized within the limits of the embankments. Materials considered unsuitable by the Engineer or his or her Inspector shall be disposed of outside the working limits and neatly trimmed.

3. EARTH EMBANKMENT CONSTRUCTION

a) The Contractor shall be responsible for selecting material from excavations which are part of this Contract or when approved by the Engineer or Inspector which can be spread and compacted. In no case shall fill containing frozen material, material with an excessive moisture content, or any deleterious materials be used for earth embankment construction.

Earth embankments shall be built to uniform grades and cross sections (see Figure 3) and only approved materials shall be used. The depth of the embankment shall be a minimum of 0.6 meters in those areas where no grubbing has been undertaken and the brush has been left as a mat. In those areas that have been grubbed, embankments shall be deep enough to provide a uniform surface and to avoid roadway surface water accumulating from surrounding areas. In areas where the brush is required as a mat, the Contractor shall utilize brush from the roadway right-of-way, unless otherwise directed by the Engineer or Inspector.

4-8

b) Subgrade Surface- The subgrade surface of both cut and fill sections shall be finished to the required cross section. The surface shall be of suitable granular material, compacted and sufficiently crowned to permit runoff. No stones larger than fifteen (15) centimeters shall be used in the construction of the top thirty (30) centimeters depth of surface.

c) All ditches pertaining to the drainage of the road whether within the limits of the right-of-way or not, shall be considered part of the Contract. All materials excavated from ditches if suitable for constructing roadway fills shall be deposited in adjacent embankments. Materials not suitable for roadway fills shall be deposited in flat waste banks. Ditches shall be a minimum of 0.6 meters deep and a maximum of 1.2 meters deep, unless otherwise specified by the Engineer. All ditches shall be a minimum of 1.2 meters wide at the bottom.

All side slopes must be scaled down and all rocks and fragments, liable to slide down the slopes and block the drainage, shall be removed to the satisfaction of the Engineer.

All drainage is to be so channelled as to avoid damage to roadway areas by erosion.

Hills over 215 meters long with grades in excess of 10% shall have culverts with baffles on one end and cutoff ditches every 150 meters along the road as shown in Drawing Number 5. A baffle can be constructed from gabion baskets, wooden structures, rock walls or other materials prior approved by the Engineer (gravel or sand is unacceptable). Unless otherwise specified, the height of the baffle shall be a minimum of one-half the diameter of the culvert requiring the baffle. Specific areas where this is required are indicated in the Construction Specifications.

d) Compaction- Compaction resulting from the normal traffic of dump trucks during construction is considered sufficient. However, the Contractor is required on return trips to route his or her trucks and earth moving equipment to the softer side shoulders of the road in order that these may be compacted to a degree similar to the travelled centre portion of the road. Compaction by track vehicles (including excavators) is not sufficient.

Should little or no traffic by wheeled trucks result during construction, the Contractor is required to effect an equivalent degree of compaction by means of a rubber tire compactor. This operation is to be carried out just prior to final grading. Any resulting soft or uneven areas are to be redressed.

e) Final Grading of Subgrade- After all traffic by heavy construction machinery has ceased, all road surfaces, including turnarounds and pull offs, shall be given a heavy and thorough grading by a wheeled grader so as to give a proper crowned and even surface to the road. The Contractor shall not leave windrows of graded material on the shoulders of the road.

4-94. ROADWAY SURFACING

Surfacing shall consist of the borrowing, loading, hauling, spreading and grading of acceptable surfacing material. The surfacing shall be deposited in a layer ten (10) centimeters deep by 7.5 meters wide (750 cubic meters/kilometer).

The estimated quantities of surfacing indicated in the tender are pre-construction estimates based on surface observation only. Actual quantities of surfacing to be carried out shall be ordered by the Engineer or the Inspector as construction progresses. The Contractor shall make no claims for loss, damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually ordered or done and the estimated quantity contained in the Tender.

The Engineer and/or Inspector reserve the right to order that all the surfacing or any portion thereof be carried out as construction of the subgrade progresses or after all subgrade work is completed.

Surfacing material shall come from the pit(s) designated in the “Construction Specifications” unless it is found that the material in the ditch is suitable for surfacing and hence surfacing material need not be trucked from the designated pit(s). The Contractor will not be paid for surfacing material obtained from the ditches. Should the acceptable surfacing material run out in the designated pit(s), the Inspector or the Engineer shall order that the remaining required material come from another existing source(s) or one discovered during construction.

5. MOBILIZATION AND DEMOBILIZATION

The Contractor is responsible for mobilization and demobilization of his or her equipment and plant to and from the job site, and shall include all cost in the unit price tender quotation. The Contractor is to move all equipment and plant and travel over the present roads in a manner that would minimize the interference with others working in the area.

6. PAYMENT

a) Subgrade- Subgrade excavation and grading shall be paid at the tendered unit price per kilometer for the length of subgrade completed to the satisfaction of the Engineer.

Payment shall be for providing all services, labour and equipment required to construct the subgrade as specified.

b) Surfacing - Payment shall be made at the tendered unit price per kilometer. Payment shall be for providing all services, labour and equipment required to construct the subgrade as specified.

4-10

7. ROCK EXCAVATION

In most cases rock excavation is to be avoided. Should rock outcrops be encountered, the Engineer shall decide if it is appropriate to build the road over rock by raising the road profile in which case the Contractor shall be responsible for providing the necessary fill up to one (1) meter in depth. There shall be no extra payments for the one (1) meter depth of fill supplied. However, the Owner will pay extra for fill greater than one (1) meter depth as determined by the Engineer or Inspector. If rock may be encountered, included in the tender, "Schedule of Items and Prices", is an estimated quantity of rock excavation that may be required. Should the Engineer deem that this rock blasting and excavation be necessary, the Inspector or the Engineer, prior to blasting, shall measure and determine the actual quantity of rock to be blasted and excavated. No measurements shall be taken until the Contractor removes all overburden and loose rock. The Engineer may then order in writing that the blasting and excavation be carried out and payment shall be made at the unit price tendered for rock excavation.

Soft or loose rock (i.e. shale) considered by the Engineer as suitable for ripping and/or excavation without the use of explosives shall not be subject to extra payment but

shall be considered as part of the tendered normal excavation and grading items.

Hard rock blasting and excavation ordered by the Engineer shall be paid at the tendered unit price for this item for the actual quantities as determined by the Engineer prior to blasting All rock measurements are to be rounded to the nearest whole cubic meter. If in the opinion of the Engineer the Contractor has exercised due care in the performance of this rick work and due to circumstances beyond the Contractor’s control, over break has occurred, then over break within 300 millimeters of theoretical back slopes and/or cross section will be paid for as solid excavation. No payment for over break will be considered for surface boulders or ditch line excavation.

Should the ordered quantity of rock blasting and excavation exceed three times the estimated quantity contained in the “Form of Tender” (and does not increase the final contract price by more than 25% of the total tender price as stated in Clause 32 of the General Conditions), the Engineer reserves the right to institute that payment be made by forced account on the following basis:

i) Basic wages or salaries paid to all on site personnel required to perform the work in accordance with direction and devoting their exclusive attention to this work.

ii) Twenty-five percent of item (i) which shall cover the cost of clerical work, Workplace, Health, Safety Compensation, holiday pay, unemployment insurance, other necessary insurance and overheads.

iii) Rental of construction equipment and tools, other than small tools customarily provided by tradesmen at the going rates for similar equipment in the area, subject to prior approval.

4-11

iv) No compensation for extra work or material shall be allowed unless such work or material is ordered in writing by the Engineer.

v) Fifteen percent of the sum of items (i), (ii) and (iii) which shall be considered as covering all other expenses and profit.

8. BLASTING OF DITCHLINE

In the event of blasting of ditchline is required, the final dimensions of said work is to be in accordance as per Drawing No 11

9. GEOTEXTILES AND GEOGRIDS

The Contractor shall follow all manufacturers instructions for the proper installation of any geotextiles or geogrids supplied by the Owner or Inspector. The cost of such installation will not be considered an extra; but rather considered as part of Roadway Excavation and Grading.

APPENDIX I

Methodology for Culvert Installation In The Dry Culvert Installation All culverts to be installed in fish bearing streams must be done “In the Dry”. This refers to isolating the work site (i.e culvert placement site) from the flow of water in an effort to reduce the impact of silt and fines on fish and fish bearing habitat. This can be achieved through the use of cofferdams, pump-around systems, temporary diversions or a combination of all three.

Fill used in cofferdams must be clean and sediment free. The dam must be of sufficient height and strength to prevent overtopping or collapse if water levels suddenly rise. Normally a dam consists of sandbags with a middle layer of plastic and an outer layer of rocks or sand bags. A steel plate diversion can be constructed and driven into the stream to act as a dam if conditions permit.

If a temporary diversion channel is used: o It should be placed parallel and close to the existing

channel o Lined with durable plastic and secured with rock o Stake the plastic at the top of the channel side slopes o Once secure, remove the material at the upstream point of

the diversion o Construct a cofferdam below the site of culvert

installation o Pump any residual water from the isolated area into

vegetated area o Once culvert is installed removed the downstream end of

diversion first.

If a pump around system is used: o Construct a cofferdam above the site of the culvert

installation o Establish a water pumping system to transfer water around

the work area o Ensure the intake pipe is located in the lowest part of

the stream o Ensure a screen is placed over the intake to prevent fish

intake o Locate the discharge hose in a stable area of the

streambed o Create a stable area with sandbags, rock or plywood if

necessary o Pump any residual water from the isolated area into

vegetated area o Once culvert is installed removed the downstream

diversion first. o NEVER leave the pumping system unattended

Streambed Foundation All culverts should be installed on a firm and level streambed foundation to provide proper support and prevent sagging.

where the stream bed is solid and embedding cannot be achieved, apply a thin layer of clean gravel 15-20 cm thick. Remove any rocks which would impede installation. Where the stream bed is soft, excavate to firm ground and apply a thin layer of clean gravel; do not compact the streambed foundation material. Ensure the culvert is embedded into the stream bed at least 20% the diameter. In very soft conditions a slight camber (rise) should be applied to the culvert during installation. As the road settles so will the culvert; rule of thumb is to arch the centre 2.5 cm for 3 m of culvert length. The culvert should be installed at a slight grade to accommodate fish passage. This grade should not exceed 0.5%.

Backfilling Once the culvert is properly situated it should be backfilled with sufficient granular material to provide even support on both sides and compacted to prevent culvert washouts. The procedure should include:

the use of clean, granular material less than 5 cm in diameter. It should not consist of mud, fine sand, or any form of woody material. compaction that can be achieved with hand tampers or mechanical equipment. Excavator buckets can be utilized for culverts less than 900 mm. Compaction should be done a distance of ½ the diameter the culvert opening. the placement of fill in lifts of 10 to 15 cm on both sides of the culvert.

compaction of fill along the haunches should be done by hand to prevent shifting or lifting of the culvert. Ensure there are no voids or soft spots left between the culvert and the streambed. final lift of fill should be a minimum of 60 cm above the top of the culvert

Stabilization (riprap) The contractor must ensure that the road embankment slope is at 1.5:1 (as per Drawing No.3) for a minimum of 10 m on all sides of culverts. The immediate area around culvert inlet and outlet is to be compacted (with bucket) prior to placement of riprap or armour stone. Riprap shall be laid at the upstream and downstream end of all culverts. The Contractor shall utilize stones with an average diameter between 20-30 centimetres as riprap. The Contractor shall place by hand, larger stones at the bottom and take care to place the stones as close together as possible.

Replacing Culverts The same standards and guidelines for new culvert installations apply to replacement of existing culverts. Prior to starting work sediment and erosion control structures need to be established to intercept and trap sediment before it reaches the watercourse. These devices are normally fashions from straw bales or silt fences and must remain in place and intact until the new culvert is installed and any risk of sedimentation is minimized.