Emergency Repairs Replacement Sewer Main, Sewer Lateral, Water Main

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					                    City of Niagara Falls
                City Hall, 4310 Queen Street
               Niagara Falls, Ontario, L2E 6X5




                Quotation # Q57-2009

         Emergency Repairs / Replacement
Sewer Main, Sewer Lateral, Water Main, Water Service,
           Fire Hydrants and Gate Valves




             Quotation Closing Date and Time:
               Thursday, September 24, 2009
                         2:00 P.M.
                                        Quotation # Q57-2009

                          Emergency Repairs / Replacement
                 Sewer Main, Sewer Lateral, Water Main, Water Service,
                            Fire Hydrants and Gate Valves

                                         TABLE OF CONTENTS
Section
    0     Title Pages
              - Table of Contents
              - Notice – Niagara Peninsula Contract Documents

   1      Instructions to Bidders
              -Refer also to Niagara Peninsula Standard Contract Documents

   2      Price Schedule
              - Bidder’s Declaration Form
              - Pricing Forms
              - Reference Form
              - List of Subcontractors Form

   3      Scope of Work

   4      Specifications

   5      Supplementary Provisions to the Niagara Peninsula Standard Contract

   6      Schedule of OPSS - Ontario Provincial Standard Specifications

   7      Appendices
             Appendix "A"    Standard Certificate of Insurance Form
             Appendix “B”    Confined Space Entry Program - Contractor Agreement
             Appendix “C”    Job Summary Sheet
             Appendix “D”    City Half Load Roads Map - March & April
             Appendix “E”    Regional Half Load Roads Map - March & April

   8      Mailing Label - Last Page of Quotation documents
                                            QUOTATION # Q57-2009

                            Emergency Repairs / Replacement
                   Sewer Main, Sewer Lateral, Water Main, Water Service,
                              Fire Hydrants and Gate Valves
                                                     NOTICE

This contract utilizes the Niagara Peninsula Contract Document. This document constitutes the specification
for this project and must be utilized in preparing bids for tenders or quotations.

The Niagara Peninsula Standard Contract Document is available for a purchase at a cost of $50 for the first copy,
and includes registration as a user. Registration guarantees updates, revisions, etc., fee of charge as well as the
purchase of further copies at a reduced cost $25 per copy.

Contracts issued through tender calls and quotations will reference the Standard Document and the responsibility
for obtaining or having access to the Document will rest with the bidder. Once purchased, the Standard Document
can be utilized on all projects which clearly indicate reference and use of the Niagara Peninsula Standard Contract
Document. The Standard Document is intended to be used as a reference specification and need not be purchased
with each tender or quotation call.

These documents can be purchased from the Regional Municipality of Niagara at 2201 St. David's Road, Thorold,
Ontario, L2V 4T7, Public Works Department.

Revision # 10 is the current edition being used.

Bidders are further advised of the "Instructions to Bidders, Section 01 and specifically to reasons why tenders
shall be rejected.
                                  Quotation # Q57-2009

                        Emergency Repairs / Replacement
               Sewer Main, Sewer Lateral, Water Main, Water Service
                          Fire Hydrants and Gate Valves



                                    SECTION 1




                   INSTRUCTIONS TO BIDDERS


                                       Note:
If there is any disagreement between the stipulations of the Niagara Peninsula Standard
Construction Document and these Instructions to Bidders, these Instructions to Bidders
shall have precedence.
                                                       Quotation # Q57-2009                                       IB – 1

                                            INSTRUCTIONS TO BIDDERS
                                                  SECTION 1.0
1.   Named Parties

     For the purposes of this quotation the following parties are identified:

     Owner:       CITY OF NIAGARA FALLS

     Contract Administrator: ULY DUPUIS, Environmental Services Manager

     Inspector:   CITY OF NIAGARA FALLS

     Contact for Enquiries:   RAYMOND MILLER, Manager of Supply and Services

     Telephone No.: 905-356-7521 ext. 4300                  Fax No.      905-356-1774




2.   Bidding Procedure

     The following policy regarding the submission of quotations will be applicable for this project. Bidders are
     requested to adhere strictly to the instructions concerning submission.

     a) All quotations must be subm itted to:

          The Municipal Service Centre
          Front Reception
          3200 Stanley Avenue
          Niagara Falls, Ontario, L2E 6S4
          Attention: Supply and Services

          By the following time:

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

          Date:       THURSDAY, SEPTEMBER 24, 2009


     b) Quotations received later than the time specified will not be accepted, regardless of the postal seal date.


     c)    Quotations must be submitted in a sealed envelope with the Mailing Label, last page of the Quotation
          documents affixed. Bidders must complete the “From” Section of this mailing label (top left corner).
Quotation Q57-2009 Instructions to Bidders                                                                        IB-2

     d) The bidder’s Quotation Submission must contain:

         *   Completed and Signed Section 2: Price Schedule - all pages. Signature mut be from an authorized
             official of the company submitting a quotation.

         *   The front addenda forms as issued by the City (if any). The front addendum forms to be completed and
             signed by an authorized official of the company submitting a quotation.

         If the bidder’s quotation submission envelope does not contain the above documents, the bidder’s
         quotation submission will be rejected.

3.   Description of Work

The intent of this Quotation is to secure the services of more than one Contractor - designated as “Primary” and
“Secondary” contractor, to be utilized on an “on-call” as needed basis only. Since “Secondary Contractors”
will be called out on a more irregular basis than “Primary Contractors”, bidders are allowed to submit pricing for
both Primary and Secondary estimates.

The same contractor will not be permitted to be both “Primary” and “Secondary”
contractor.

Primary and Secondary contractors will be identified at the discretion of the City, based on suitability of bid, not
necessarily based on lowest price submitted for each of the following components of this tender: The successful
contractors will provide the services of emergency repairs and/or replacement as identified herein for one year
period, on an on call, as needed basis only for.: (1) Sanitary Sewer Main; (2) Sewer Lateral -between the main and
property line; (3) Water Main; (4) Water Service - between the main and property line; (5) Fire Hydrant
Replacement; and (6) Gate Valve Replacement

This work shall only be performed under the supervision of an Environmental Services Supervisor. Materials
will be provided by the Corporation of the City of Niagara Falls.

The City will guarantee a combined minimum of twelve (12) jobs per year to the successful Primary
Contractor. It is at the City’s discretion to increase the number of jobs. All jobs over 12 per year are to be costed
based on the information submitted in this quotation. If 12 emergency call outs per year are not accommodated, the
City reserves the right to call the contractor out on a pre-planned, scheduled repair/replacement based on the
submitted prices, up to a maximum of 12 total jobs per year.

The City will not guarantee a minimum of jobs to the successful Secondary Contractor

4.   Award

     The award of this project is subject to the City obtaining approval per the established approval procedures of
     the City and if necessary by the Council of the City of Niagara Falls. No announcement or comment about or
     regarding any quotations received shall be made until an award document is issued by the City or upon a posted
     staff report to The City Council for approval. By submitting a quotation, the bidders herewith agrees that the
     City will not make any comment or announcements regarding this quotation or any quotations submitted until
     the above process has been undertaken.

5.   Bid Deposit

     No bid deposit is required for this quotation
Quotation Q57-2009 Instructions to Bidders                                                                            IB-3


6.   Examination of Drawings, Specifications, and Work Site

     Bidders shall carefully examine all contract documents, Scope of Work, General and Special Provisions, OPSS
     standards and OPSD drawings in order to satisfy themselves as to all conditions and materials affecting the
     Contract and as to the detailed requirements of the work. Bidders must not rely upon any verbal information or
     any estimate or representations, made by any officer, servant, or employee of the City.

7.   References

     Companies stated by the bidder as references will be contacted by City of Niagara Falls Staff. Both written and
     telephone (oral) references checks received by the City will be accepted as binding upon the bidder. References
     received which are negative or indicate past performance issues may be cause for the City to reject the bidder’s
     quotation submission. Bidders must not state the City of Niagara Falls as a reference.

     In addition to Statement “B” of the Price Schedule, Bidder’s Experience in Similar Work”, Bidders on request
     may be required to furnish satisfactory evidence as to their experience, capacity and financial resources.


8.   Collusion

     More than one Quotation from an individual firm, partnership, corporation or association under the same or
     different names will not be considered. Collusion between Bidders shall be sufficient cause for rejection of all
     Quotations so affected.


9.   Rights of the Municipality

     a) The Municipality reserves the right, in its absolute discretion to accept a Quotation which it deems most
        advantageous to itself and the right to reject any or all Quotations, in each case without giving any notice.
        The lowest or any Quotation will not necessarily be accepted. In no event will the Municipality be
        responsible for the costs of the preparation of the submission of a Quotation from any bidder.
     b) Quotations which contain conditions or otherwise fail to conform to the Instructions to Bidders may be
        disqualified or rejected. The Municipality may, however, in its sole discretion, reject or retain for its
        consideration Quotations, which are non-conforming because they do not contain the content or form
        required by the Instructions to Bidders or for failure to comply with the process for submission set out in
        these Instructions to Bidders.
     c) Except as expressly and specifically permitted in the Instructions to Bidders, no bidder shall have any claim
        for any compensation of any kind whatsoever, as a result of participating in this Quotation, and by
        submitting a Quotation each bidder shall be deemed to have agreed that it has no claim.

10. Withdrawal of Quotation

     Bidders shall be permitted to withdraw their unopened quotation after the quotation envelope has been
     delivered to the City at any time up to the official closing time by submitting a written request from the Bidder
     to the City’s Manager of Supply and Services, prior to the time specified for the Quotation closing.

     The City reserves the right to withdraw, at its discretion, this proposal at any time and shall not be liable for any
     expense, cost, loss or damage incurred or suffered by any Bidder as a result of such withdrawal.
Quotation Q57-2009 Instructions to Bidders                                                                             IB-4

11. Questions During Bidding

      Should a Bidder have any questions or find discrepancies in or omissions from the Quotation documents, he/she
      should clarify them in writing with the City Representative.

      Questions or clarifications needed regarding this Quotation are to be submitted in writing only via email to
      Raymond Miller, E-mail: rmiller@niagarafalls.ca The City of Niagara Falls is not responsible for any lost
      emails or technical difficulties that may result in a question going unanswered. For that reason, it is highly
      recommended that questions or clarification requests be advanced as soon as possible.

      An addendum(s) shall be issued for questions requiring a written response to all bidders. All addendums shall
      be posted on the City’s Bid Opportunities Web Site: www.niagarafalls.ca/bids

      Neither the City, nor its officers and employees or its Consultants shall be responsible for any oral instructions.

12. Informal Quotations

      Quotations which are incomplete, conditional, obscure, contain additions not called for, erasures, alterations or
      irregularities of any kind, shall be rejected.

13. Unbalanced Quotations

      Each item stated in the Price Schedule of the Quotation submitted by the Bidder shall be a reasonable price for
      such work, as is the custom of the trade. Quotations that contain prices which appear to be so unbalanced or out
      of line with the custom of the trade as likely to affect adversely the interest of the City may be rejected.

14. Provincial Sales Tax and Goods & Services Tax

      a) The Goods and Services Tax shall be shown as a separate item on the Price Schedule and be included in the
         total Quotation price. The Goods and Services Tax registration number must also be shown on the Price
         Schedule, at the designated location. Provincial Sales Tax shall be included in the Quotation price as
         applicable. The Contractor will be required to pay Sales Tax on purchases which the contractor makes
         under this Contract. Bidders are instructed to include this tax in the prices submitted on the Price Schedule.

      b) Harmonized Sales Tax:
         Until the Ontario provincial government releases further details on the transition rules and the enabling
         legislation is passed on the proposed Harmonized Sales Tax, the Contractor is to assume the existing sales
         tax regime in determining the total Price.
         Subject to passage of legislation, effective July 1, 2010, there will be a new harmonized sales tax regime.
          The successful contractor(s) will be expected to identify savings starting on July 1, 2010 once the relevant
          legislation has passed and final details have been determined.

15.       Escalation Clauses

          Quotations containing an escalation clause of any kind shall be rejected.

16.       Prices

          All prices, as stated on the Price Schedule, are to remain in effect for the duration of the Contract period.
Quotation Q57-2009 Instructions to Bidders                                                                         IB-5

17.    Error and Correction

       The Municipality will make all necessary corrections to any Quotation which is in error through addition or
       extension; the corrected value prevailing.
18.    Date of Contract Award

       Date of contract award shall be taken as the date on which the successful contractor(s) are notified by the
       issuance by fax transmission of a City Purchase Order.

       The successful bidder must submit the following to the City’s Contract Administrator within two weeks of
       the contract award:

       a)      i)      A certified copy of all required Insurance Policies which complies with the requirements of
                       the General Provisions for a minimum amount of Two Million Dollars ($2,000,000.00),
                       including all endorsements.

               ii)     A Certificate of Insurance.

       B)      A letter from Workplace Safety and Insurance Board certifying that the Contractor is in good
               standing with the Board. A "letter of good standing" must be re-submitted throughout the contract
               every 45 days.

19.    Failure to Execute Contract

       Failure by the successful Bidder to accept the City’s Purchase Order and to deposit with the City the said
       Bonds, certified copies of all required Insurance Policies and a Workplace Safety and Insurance Board
       letter within the specified times as provided herein shall be just cause for the annulment of the contract
       award and the forfeiture of the Quotation deposit to the Corporation, not as a penalty, but as liquidated
       damages sustained.


20.    Workplace Safety and Insurance Board Certificate

       The successful Bidder shall obtain and submit to the City’s Contract Administrator no later than two weeks
       after the issuance of the City’s purchase order, a certificate from the Workplace Safety and Insurance
       Board, pursuant to the General Provisions stating that the successful Bidder has complied with the
       requirements of the Workers' Compensation Act.. A similar certificate must be produced prior to the
       issuing of the Total Performance Certificate covering the Contractor's standing as of the Contract
       completion date.

21.    Informal Quotations

       Quotations which are incomplete, conditional or obscure, or which contain additives not called for,
       erasures,        alterations or irregularities of any kind, may be rejected as informal. The Municipality
       reserves the right to     waive informalities at its' sole discretion.

22.    Adherence to Requirem ents

       The bidder is requested to adhere strictly to all requirements and complete all sections of this Quotation
       Request including all appendices and addendums. Failure to do so may be sufficient cause for rejection of
       the bidder’s Quotation submission.
Quotation Q57-2009 Instructions to Bidders                                                                          IB-6

23.    Freedom of Information

       Any information including all work as described in these documents, service or product details, prices,
       statements, and any other information provided by the bidder shall be kept strictly confidential and release
       of same, except for any details regarding this bid document stated in a report to the Council of the
       Municipality, shall only be granted in accordance with the Municipal Freedom of Information and
       Protection of Privacy Act R.S.O. 1990, c. M.56 as amended.

24. Irrevocability and Firm Prices

       The Quotations received from bidders are to be irrevocable and the prices quoted are to be in Canadian
       Funds and are to remain firm for acceptance for a period not less than ninety (90) days after closing date
       unless otherwise stated herein.
25.    Health & Safety

       a)      All work performed under this contract must be carried out in accordance with the terms and
               conditions of the OCCUPATIONAL HEALTH & SAFETY ACT, R.S.O. 1990, as amended.
               The Municipality reserves the right to obtain the Health and Safety records from the appropriate
               Ontario Government Ministry of the selected bidder and may determine its selection of the
               successful bidder based upon these records.

       b)      Pre-Start Health and Safety Review:
               A Pre-Start Health and Safety Review means the production of a report as required by O. reg.
               528/00 amending Section 7 of the Regulations for Industrial Establishments of the Occupational
               Health and Safety Act, R.S.O. 1990 as amended. When Required by the Municipality, the
               successful bidder shall provide a Pre-Start Health and Safety Report.

       c)      Refer also to the Article: Pre-Construction Review Meeting, under Section: Special Provisions -
               Supplementary Special Provisions.

26.    Omission & Mis-statem ents

       a)      The several parts of the Specifications, Drawings if attached, Scope of Work, these Conditions, and
               the Contract, shall be taken together to explain each other, and to make the whole consistent; and if
               it be found that anything has been omitted or misstated, which is necessary for the proper
               performance and completion of any part of the work contemplated, the contractor shall, at the
               contractor's own expense, and without making any extra claim, therefore, execute the same as if it
               has been properly described, and the correction of any such omission or mis-statement shall not be
               deemed to be an addition to, or deviation from the works hereby contracted for; nor shall such
               decision or correction entitle the contractor to any extension of time for the completion of the
               Contract.

       b)      It is to be understood that all terms and conditions, specifications, drawings, plans, all Quotation
               clauses, and the complete Quotation containing all documents as originally issued by and posted in
               the Supply and Services Section of The Corporation of the City of Niagara Falls shall constitute the
               Quotation Request. Any Quotations received that have clauses or any wording or figures, statistics,
               numbers, quantities or any other items that have been changed or altered in any way shall be
               rejected and not accepted by The Corporation of the City of Niagara Falls.
Quotation Q57-2009 Instructions to Bidders                                                                          IB-7

27.    Contract

       Prior to an award, the Price Schedule and all Quotation documents submitted becomes part of the contract
       document. The selected bidder must accept the Municipality’s Purchase Order which will supersede all
       other contracts. The City reserves the right to reject any Quotation or Quotations which may be restricted
       by any clauses, offers, agreements or statements of any kind included with a bidder's Quotation submission.

28.    Agreement in Writing Only

       No verbal arrangement or agreement, relating to the goods, materials, articles, equipment, work or services,
       specified or called for under this Quotation, will be considered binding. Every notice, advice or other
       communication pertaining thereto, must be in writing and signed by a duly authorized person.

29.    Standards and Legislation: Failure to Comply

       The successful bidder may be required to provide written documentation that all materials proposed meet
       Municipal, Provincial and Federal Government standards, legislation and laws. Also, the successful bidder
       must comply with all laws, legislation, regulations, and provisions of the Federal, Provincial, Municipal
       Governments or any governmental agency as they pertain to the work described herein. Failure by the
       successful bidder to comply with these laws, legislation, regulations and provisions shall be just cause for
       the Municipality , at its discretion, to stop performance of this contract, until such times as the successful
       bidder complies with these laws etc. Also the Municipality may, at its discretion, award the contract to any
       other contractor or may re-issue the Quotation. The Municipality may assess against the contractor any
       damages whatsoever as a result of failure to comply.

30.    Failure to Comply with all Quotation Terms

       Failure to comply with all terms, specifications, requirements, conditions and general provisions of this
       Quotation, to the satisfaction of the Municipality , shall be just cause for the cancellation of the contract
       award. The Municipality shall then have the right to award this contract to any other contractor or to re-
       issue the Quotation. The Municipality shall assess against the contractor any damages whatsoever as a
       result of failure to perform. In addition, the Municipality may, at its discretion, stop the performance of this
       contract until such time as the contractor complies with all the provisions of this contract

31.    Goods and Materials Suitable for Use

       The Bidder warrants that any goods, materials, articles or equipment to be supplied under or pursuant to
       any official order or contract based on this Quotation, that is or are to be made or used for a particular
       purpose, will be fit and suitable for that purpose.

32.    New Goods and Materials Only

       Unless otherwise stated all goods supplied as a result of this Quotation Request shall be new only, never
       used, of the latest manufacture and not re-manufactured.
Quotation Q57-2009 Instructions to Bidders                                                                          IB-8

33.    Indem nification for Patents

       a)      The bidder shall assume the defence of and indemnify and save harmless the Municipality, its'
               officers, agents and servants from all claims relating to labour and materials furnished for the work,
               and to inventions, copyrights, trademarks or patents.

       b)      If the Municipality receives a claim that any product or part thereof (herein called "product")
               manufactured or supplied by the bidder infringes a Canadian patent, it shall notify the bidder
               promptly in writing and give the bidder information, assistance and exclusive authority to evaluate,
               defend and settle such claim. The bidder shall then at the bidder's own expense and option (1) settle
               such claim or (2) procure for the Municipality the right to use such product or (3) replace or modify
               it to avoid infringement, or (4) defend against such claim.

       c)      Provided such timely notice has been given by the Municipality should a court of competent
               jurisdiction hold such product to constitute infringement, the bidder shall pay any costs and
               damages finally awarded on account of such infringement and, if the use of such product is
               enjoined, the bidder shall take as its option, one or more of the actions under (2) or (3) above.

       d)      The rights and obligations of the parties with respect to patents or any other industrial property
               rights are solely and exclusively as stated herein.

34.    Co-ordination of Services

       The successful bidder will be responsible for co-ordinating the response to, and involvement of, all other
       required services or facility suppliers, including Natural Gas, Hydro, Telephone, Water and all other
       services.

35.    Workplace Safety & Insurance Board Requirem ents

       a)      The successful bidder must be in good standing with all the provisions of the Workplace Safety and
               Insurance Board (WSIB) and shall furnish the Municipality with a "letter in good standing" from
               the WSIB prior to the start of any work. Following substantial completion of the work as
               determined by the Municipality, the contractor must furnish the Municipality with a "Certificate of
               Clearance" from the WSIB. For work of long duration the contractor must supply the Municipality
               with a "Certificate of Clearance" every 45 days. Progress payments will not be paid by the
               Municipality unless a valid "Certificate of Clearance" is supplied to the Municipality. Final
               payment to the contractor will not be made unless this certificate is received from the contractor.

       b)      A successful bidder who operates under an "Independent Operator Status" must supply the
               Municipality with a document from the WSIB that clearly states that the WSIB has deemed that the
               successful bidder is classified as an independent operator as defined under the provisions as issued
               by the Workplace Safety & Insurance Board. Such document shall be required for each subsequent
               work under this contract and updated if the work covered under this contract is of an intermittent
               nature involving the same or different types of work over a determined period of time. The
               successful bidder will not be permitted to start any work under the contract until such document is
               received by the Municipality.
Quotation Q57-2009 Instructions to Bidders                                                                         IB-9

36.    Insurance Documentation

       a)     The successful bidder shall furnish the municipality with a CERTIFIED copy of a liability
              insurance policy covering, written on a Commercial Form and is to include contractual liability and
              completed operations with damage coverage for a minimum amount of two million dollars
              ($2,000,000.00) inclusive with a deductible not greater than five thousand dollars ($5,000.00).

              1       The Liability Insurance Policy shall not contain any exclusions of liability for damage to
                      property, building or land arising from the removal or weakening of support of any
                      property, building or land whether such support be natural or otherwise

              2       The Liability Insurance Policy shall be written on an “occurrence basis”. ‘Claims Made’
                      insurance policies will not be permitted.

              3       The Liability Insurance Policy shall contain an endorsement certifying that The
                      Corporation of the City of Niagara Falls ais included as an additional insured;

       b)     The successful bidder shall also furnish the Municipality with a CERTIFIED copy of a Standard
              Automobile Liability Insurance Policy on both owned and non-owned vehicles with inclusive
              limits of not less than two million dollars ($2,000,000.00) per occurrence for bodily injury and
              property damage with a deductible not greater than five thousand dollars ($5,000.00).

       c)     All policies listed above, except for automotive liability insurance, shall contain:

              1       A "Cross Liability" clause or endorsement;

              2       An endorsement to the effect that the policy or policies will not be altered, cancelled or
                      allowed to lapse without thirty (30) days advance written notice to the Municipality

              3       An endorsement certifying that the municipality and those parties listed in these
                      Instructions to Bidders as Additional Insured. For all projects involving work on roads or
                      property owned by others, it shall also include the municipality as an additional insured.

              4       All policies listed above shall apply as primary insurance and not excess to any other
                      Insurance available to the municipality.

              5       All policies listed above to remain in force until final acceptance of the work described
                      herein by the municipality.


       d)     The successful bidder shall note that the following words “or from blasting or vibration from
              pile driving or caisson work” may be deleted, only if applicable, from the following clause of the
              Certificate of Insurance.

                              No exclusions for damage or loss from the removal or weakening of support
                              of any property, building or land whether such support be natural or otherwise
                              or from blasting or vibration from pile driving or caisson work.
Quotation Q57-2009 Instructions to Bidders                                                                        IB-10

37.    Origin of Goods and Materials

       Wherever possible, the goods, materials, articles or equipment, specified or called for in or under this
       Quotation shall be of Canadian origin and manufacture.

38.    Compliance With Laws and Acts

       The Contractor shall comply with all Federal, Provincial and Municipal Laws, statutes, regulations and
       bylaws, relevant to this Quotation including but not limited to:
       - The Construction Lien Act, R.S.O. 1990, c . C.30
       - The Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, as amended.
       - Workplace Safety and Insurance Act, effective January 1, 1998, as amended
       - The Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended.

39.    Protection of the Municipality

       The successful bidder shall at all times well and truly save, defend, keep harmless and fully indemnify the
       Municipality and its servants, employees, elected officials and agents, from and against all actions, suits,
       claims, demands, loss, costs, charges, damages and expense, brought or made against or incurred by the
       Municipality, its servants, employees, elected officials or agents, in any way relating to goods, materials,
       articles or equipment, supplied, or the supplying thereof, or work or services, performed, or the performing
       thereof, pursuant to this Quotation, or relating to inventions, copyrights, trade marks or patents, or rights
       thereto, used in supplying such goods, materials, articles, equipment, or in performing such work or
       services or arising out of the subsequent use or operation of such goods, materials, articles, equipment or
       work.

40.    Erasures and Alterations

       Any erasures, alterations or cross-outs must be initialed in ink by the bidder. Failure to do so may result in
       the rejection of the bidder’s Quotation by the Municipality.

41.    Additions / Deletions and Extension of Contract

       The City may add or deduct items and work as the City deems necessary at any time following the issuance
       of a Purchase Order to the successful contractor(s) at the unit prices stated in the bidders quotation
       submission. Also, the time period duration of any contract resulting from this Quotation may be extended
       for a specific period provided that both the Municipality and the successful contractor(s) agree to such
       extension. The Municipality may notify the successful contractor(s) at any time to seek an extension.

42.    City not Employer

       The bidder agrees that the Corporation of the City of Niagara Falls is not to be understood as the employer
       to any successful contractor nor to such contractor’s personnel or staff for any work, services, or supply of
       any products or materials that may be awarded as a result of this bid document. Also, in accordance the
       Occupational Health and Safety Act, the successful contractor herewith agrees to be the “constructor”
       as defined under this act.

43.    W.H.M.I.S. Requirem ents

       The successful bidder must supply a supplier label and appropriate Material Safety Data Sheet under the
       W.H.M.I.S. legislation and Hazardous Protection Act for all controlled products to be supplied per this bid
       document. Any controlled good supplied without appropriate data sheet and proper labeling will not be `
       accepted and will be returned at the sole cost to the successful bidder.
Quotation Q57-2009 Instructions to Bidders                                                                           IB-11

44.     Notification of Potential Bidders Not Guaranteed

        The Municipality posts notification of all bids and addenda on its Internet Web Site. It is the Bidders sole
        responsibility to review the Municipality’s Bid Opportunities Web Site to inform themselves of any bid
        opportunities or addenda. The Municipality shall not guarantee that any previous successful bidders nor any
        bidders shall be notified by any means electronic or otherwise of any bid opportunity or addenda. The said
        Web Site is stated as www.niagarafalls.ca/bids

45.     Removal from Bidders List

        The Municipality reserves the right to remove from its list of bidders, for an indeterminate period, the name
        of any bidder who fails to execute or accept a contract or for unsatisfactory performance on any previous or
        current contract held with the Municipality or if the bidder or any company related to the bidder in any way
        is currently involved in or responsible for litigation of any kind against the Municipality.

46.     Bidder's Expenses

        Bidders are solely responsible for their own expenses in preparing a Quotation and for subsequent
        negotiations     with the City, if any. If the City elects to reject all Quotations received, the City will not be
        liable to any Bidder for any claims, whether for costs or damages incurred by the Bidder in preparing the
        Quotation, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever.

47.     Limitation and Waiver of Damages

        The Bidder, by submitting a Quotation, agrees that it will not claim damages, for whatever reason, relating
        to the quotation and quotation process, the decision by the City to award the contract to any bidder, the
        rejection of all quotations received, the issuance of a Contract or Purchase Order to any company and any
        issues in respect of the competitive process. The Bidder, by submitting a Quotation, also waives any claim
        for loss of profits if no agreement is made between the Bidder and the City.

48.     Order of Precedence

        In the event of any inconsistency or conflict in the contents of the following documents, such documents
shall   take precedence and govern in the following descending order:
        - Purchase Order
        - Addenda (if any) as issued
        - Instructions to Bidders
        - Price Schedule
        - Scope of Work
        - General Provisions
        - Special Provisions - Supplementary Special Provisions
        - Schedule of OPSS - Ontario Provincial Standard Specifications
        - Drawings (latest revision) if any
        - Niagara Peninsula Contract Documents
Quotation Q57-2009 Instructions to Bidders                                                                      IB-12

49.    Rights to Bid Submission Document

       Upon receipt of the bidder’s Quotation submission, the City shall retain the right to determine the use of the
       submission document for its own purposes. Bidder’s shall not use their bid submission document for any
       other purposes whatsoever , including revealing any content of their bid submission document or making
       copies for other agencies, firms or companies not being a legal part or division of the bidder’s company,
       unless permission for any such use is receiving in writing by the bidder from the Corporation of the City
       of Niagara Falls. Bidders must make a request in writing to the City for the intended use of their bid
       submission document for any other purposes than as stated herein.

50.    Anti Lobbying Restrictions and Required Disclosure

       a)      Bidders, their company staff members, or anyone involved in preparing their Quotation submission
               must not engage in any form of political or other lobbying whatsoever with respect to this project
               or seek to influence the outcome of the Quotation and subsequent procurement process. This anti-
               lobbying restriction extends to all City staff and elected Council members of the City.

       b)      In the event of any such lobbying, the City may reject any Quotation submission by that bidder
               without further consideration and terminate that bidder’s right to continue in the Quotation and any
               subsequent procurement process. All correspondence or contact by interested parties with The City
               must be directly and only with The City contact person identified in this Quotation document. It
               should be duly noted by all bidders that this anti-lobbying restriction extends from the release date
               of this Quotation through to the date and time when The City formally awards the contract. Any
               lobbying undertaken during this time frame by any bidder or the bidder’s company staff members
               or related companies and their staff , or anyone involved with the bidder’s Quotation submission
               may result in immediate disqualification from the process. This anti-lobbying restriction is not
               meant to affect the day-to-day operations of The City, its staff and the elected Council of the City
               that may necessarily include contact with potential bidder to this Quotation regarding other
               business.

       c)      This section shall not be intended to disallow any meetings, interviews or clarifications requested
               or authorized by The City, its authorized staff, The City’s representative for this work or their
               authorized designates.

51.    Quotation Submission and Correspondence in English

       Quotation submissions must be prepared in English and bidders must be able to converse and correspond
       fluently in English directly or through an interpreter supplied by and at the total cost to the bidder.

52.    Liability for Errors

       While the City has used considerable efforts to ensure an accurate representation of information in this
       Quotation, the information contained in this Quotation is supplied solely as a guideline for bidders. The
       information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or
       exhaustive. Nothing in this Quotation document is intended to relieve bidders from forming their own
       opinions and conclusions with respect to the matters addressed in this Quotation document.

53.    Agreement with Terms

       By submitting a Quotation the bidder agrees to all the terms and conditions of this Quotation document.
       Bidders who have obtained this Quotation document and any addendums electronically must not alter any
       portion of these documents. To do so will invalidate the Quotation and the bidder’s delivered Quotation
       submission will be rejected.
Quotation Q57-2009 Instructions to Bidders                                                                          IB-13

54. Litigation with The City

       No Quotation submission will be accepted from any bidding company, individuals employed by or
       associated with the bidding company, companies associated or related to the bidding company and
       individuals employed by same who have / has a claim or have / has instituted a legal proceeding against the
       City or against whom the City has a claim or has instituted a legal proceeding, without the prior approval of
       City Council. This applies whether the legal proceeding is related or unrelated to the subject matter of this
       Quotation.

55.    Suspension or Alteration of Activity

       a)      All bidders are advised and put on notice that notwithstanding anything else contained in this
               Quotation that all Bidders are forewarned and advised that if the City chooses not to proceed with
               this Quotation process or any subsequent procurement process or any stage including, without
               limitation, the completion of the Quotation process, the commencement, implementation or
               completion of any Quotation process or other procurement process and/or the award, negotiation or
               the finalization of any agreement or contract and that accordingly, all Bidders acknowledge and
               agree that if any such processes are suspended, terminated or cancelled at any time or times during
               any stage of the Quotation or subsequent procurement process (if any) by the City, then the bidders
               shall have no claim against the City for any costs, expenses, losses including loss of profits,
               liabilities or damages whatsoever.

       b)      The City reserves the right to exercise complete and unfettered discretion in all aspects of the
               conduct of the Quotation and any subsequent procurement process, the assessment and evaluation
               of Quotation submissions, including the determination of criteria and the selection, if any, of a
               successful bidder, without incurring any liability whatsoever to any bidder, including any liability
               for costs, expenses, losses or damages, and without giving any reasons therefore.

       c)      Without limiting the generality of the foregoing, the City, in its sole and unfettered discretion,
               reserves the right to change the dates, schedules and deadlines set out in this Quotation document,
               or to change the scope of the project, or to cancel the Quotation or the Project, without stating
               reasons therefore and accordingly the City also reserves the right to accept or to reject any or all of
               the Quotation submissions and the City reserves the right to proceed as, in its sole and unfettered
               discretion, following receipt of the Quotation submissions, including, without limitation, issuing a
               second or more, or a modified Quotation for the project or entering into contract negotiations with
               any bidder.

       d)      The lowest priced Quotation Submission received will not necessarily be accepted.

       e)      The issuance of this Quotation document and the receipt of any Quotation submission by any
               bidder does not commit the City to award a Contract or to pay any costs incurred in the preparation
               of any Quotation by any bidder, or in any bidder’s attendance at any meetings with the City.

56.    Adjustments to Quotation Submissions After Closing Date

       No adjustments by any bidders to their Quotation submissions will be permitted after the stated closing date
       for this Quotation, except as otherwise provided herein.

57.    Decision by City

       The bidder agrees that by submitting a quotation that the City has no obligation to reveal its decision in
       selecting a successful bidder.
Quotation Q57-2009 Instructions to Bidders                                                                          IB-14

58.    Announcement by the City

       No announcement concerning information about any Quotation submission received by the City or about
       the evaluation process of the City in determining a successful bidder (if any) will be made until a report is
       issued to City Council recommending an award. Any notification of award shall be in accordance with the
       Municipal Freedom of Information and Protection of Privacy Act R.S.O. 1990, c. M.56 as amended.

59. Third Party Software

       Where the City is in possession of software containing or constituting confidential proprietary information
       belonging to third parties, the Successful Bidder shall not, except in the usual incidental manner genuinely
       necessary for the intended use of such software on the equipment of the City,

       a)      analyze, copy, decompile, disassemble, translate, convert, reverse engineer or duplicate any physical
               embodiment or part thereof, or permit any person to do so; or

       b)      divulge to any unauthorized person the ideas, concepts or techniques, or make any other improper use,
               of such software.

       The Successful Bidder shall fully defend, save harmless and indemnify the City from and against any loss or
       damages suffered by the City as a result of any failure by the Successful Bidder, its officers, directors, partners,
       contract personnel, agents and employees or any of them to comply with the provisions hereof.

       Should the Successful Bidder include third party components within the documents, expertise, design and any
       other aspect of the Quotation submitted to the City, the Successful Bidder must secure the rights to use and
       repackage third party components and pass on those rights to the City without additional charges.

       The City will own all intellectual property rights, including (without limitation) copyright, in and to all
       deliverables provided by the Successful Bidder and its sub-consultants.

60. Ownership and Disclosure of Quotation Documentation

       The documentation comprising any Quotation submitted to the City, along with all correspondence,
       documentation and information, all specifications, documents, reports, drawings, digital images and any other
       information or data as prepared by the successful Bidder in response to this Quotation, whether in draft or final
       format, prepared on behalf of the City for the Quotation for the “work”, provided to the City by any Bidder in
       connection with, or arising out of this Quotation, once received by the City:

       a)      shall become the sole and unfettered property of the City and may be appended to the Agreement
               with the Successful Bidder;

       b)      shall become subject to the Municipal Freedom of Information and Protection of Privacy Act
               ("MFIPPA"), and may be released, pursuant to that Act.

       Because of MFIPPA, prospective Bidders are advised to identify in their Quotation material any scientific,
       technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them
       injury.
Quotation Q57-2009 Instructions to Bidders                                                                        IB-15

61. Intellectual Property Rights

       Each Bidder warrants that the information contained in its Quotation does not infringe any intellectual property
       right of any third party and agrees to indemnify and save harmless the City and its staff and elected officials
       against all claims, actions, suits and proceedings, including all costs incurred by the City brought by any person
       in respect of the infringement or alleged infringement of any patent, copyright, trademark, or other intellectual
       property right in connection with their Quotation.

62.     Public Comment or Promotion of Quotation Submission

       Except for bidder interviews, meetings or presentations specifically authorized or arranged by the City contact
       person or authorized designate, neither bidders nor their representatives shall make any public comment,
       respond to questions in a public forum, or carry out any activities to publicly promote or advertise their
       submission, or their interest or participation in the Quotation and subsequent procurement processes (if any)
       without the City’s prior written consent, which consent may be arbitrarily withheld or delayed.

63. Waiver of Rights in Quotation Submission and Indem nity

       a)      Each bidder acknowledges and agrees that the City is likely to receive, and be required to deal with,
               multiple Quotation submissions, all of which may contain or disclose information considered by their
               bidders to be of special, unique, secret or proprietary nature, and that such information and the manner
               in which the City may use it may be entitled or subject to protection under any of Canada's intellectual
               property laws, the Competition Act, Municipal Freedom of Information and Privacy Protection Act or
               the common law relating to unfair competition.

       b)      The City will not accept any Quotation submission that is subject to a reservation by the bidder of any
               such rights, and each bidder, by virtue of submitting a Quotation submission pursuant to this Quotation
               invitation, expressly waives any and all protection to which the bidder might otherwise be entitled in
               respect of that Quotation submission under all of the foregoing laws, and expressly releases the City
               and its staff, as well as the qualified bidders from any claims, actions, suits and proceedings whatsoever
               for the infringement of any intellectual property right or for the use of any secret or proprietary
               information disclosed to the City in that Quotation submission.

       c)      Each bidder shall indemnify and save harmless The Corporation of the City of Niagara Falls and its
               staff, against all claims, actions, suits and proceedings brought by any person in respect of the
               infringement or alleged infringement of any patent, copyright, trademark or industrial design or the use
               or misuse in connection with their Quotation submission, including any and all costs incurred by the
               City.
                Quotation # Q57-2009

         Emergency Repairs / Replacement
Sewer Main, Sewer Lateral, Water Main, Water Service
            Fire Hydrants and Gate Vales


                 SECTION 2




          PRICE SCHEDULES
                                             Quotation # Q57-2009

                            Emergency Repairs / Replacement
                   Sewer Main, Sewer Lateral, Water Main, Water Service
                               Fire Hydrants and Gate Vales

                                    BIDDERS DECLARATION FORM


I / We the undersigned contractor(s) having carefully examined the attached documents as herein listed and
forming part of this quotation document being the: Title Pages, Instructions to Bidders, Price Schedule, Scope of
Work, General Provisions, Special Provisions , Schedule of OPSS and OPSD, Appendices, Drawings (if any), and
all addenda (as issued),

I / We the undersigned contractor(s), understand and accept the said contract documents and drawings, and for the
prices set forth in this quotation submission, hereby offer to furnish all machinery , labour, tools, apparatus and
other means of construction, furnish all materials except as otherwise specified in the contract, and to complete the
work in strict accordance with the contract documents and drawings referred to above, for the prices stated in the
following pages and in the Summary of Unit Prices for Primary and Secondary Contractors.

This Quotation is submitted by:                  (PRINT CLEARLY)

 Company Name
 Address: Street and Number
 Address: City, Prov. Postal Code
 Telephone and Fax Numbers            Tel:                                    Fax:
 E-mail Address
 Name of Signing Officer
 Signature of Officer named
 above
 Date Signed

 Total Bid Price including taxes and all costs:
 (Transferred from Summary of Unit Prices Forms)
 PRIMARY CONTRACTOR                                                                    $
 SECONDARY CONTRACTOR                                                                  $



G. S. T. Number:        _________________________________________
                                              Q57-2009
                                SCHEDULE OF UNIT PRICES - SEWER MAIN

                                     PRIMARY CONTRACTOR BID
                      All Bidders must complete and sign the Bidders Declaration Form

Company Name:


Item   Spec.      Description                                             Est.   Unit   Unit Price   Total
       No.                                                                Qty.

1      SP         Mobilize & demobilize sufficient labour and             6      ea     $            $
                  equipment to complete mainline sewer repairs in the
                  City of Niagara Falls as directed
2      OPSS       Replace sewer main including, excavate, protect and
       410 SP     backfill the trench with granular “A” and compact
                  for the full lengths necessary plus 1.2 m at each end
                  (Typically 3.0 to 10. Meters in length)
       2a         Less than 3.6 meters deep                               4      m      $            $
       2b         3.6 to 5.0 meters deep                                  10     m      $            $
       2c         5.0 to 6.0 metres deep                                  6      m      $            $
       2d         6.0 to 7.0 meters deep                                  3      m      $            $


3                 Re-connection of sewer lateral or riser to include      3      ea     $            $
                  replacement of maximum of one meter of lateral
                  pipe




4.a    Book 7     Traffic Plan, Road Closure, Barricades, set up, take    3      ea     $            $
                  down Arterial & Collector Roads (i.e. Arterial
                  collectors, high volume, traffic)
4b     Book 7     Traffic Plan, Road Closure, Barricades, set up, take    3      ea     $            $
                  down, ( residential, lower traffic volume)

                                                 Total of above Items                                $

            Transfer the totals of the Schedule of Unit Prices to the Summary of Unit Prices Form
                                            Q57-2009
                            SCHEDULE OF UNIT PRICES - SEWER LATERAL

                                     PRIMARY CONTRACTOR BID
                      All Bidders must complete and sign the Bidders Declaration Form

Company Name:


Item   Spec.      Description                                             Est.   Unit   Unit Price   Total
       No.                                                                Qty.

1      SP         Mobilize sufficient labour and equipment to             4      ea     $            $
                  complete sewer lateral repairs in the City of Niagara
                  Falls as directed
2      OPSS       Replace sewer lateral including excavate, protect
       410 SP     and backfill the trench with granular “A” and
                  compact for the full lengths necessary plus 1.2 m at
                  each end (Typically 3.0 to 10. Meters in length)
       2a         Less than 3.6 meters deep                               10     m      $            $
       2b         3.6 to 5.0 meters deep                                  20     m      $            $
       2c         5.0 to 6.0 metres deep                                  10     m      $            $


3                 Replace Riser                                           3      m      $            $




4.a    Book 7     Traffic Plan, Road Closure, Barricades, set up, take    2      ea     $            $
                  down Arterial & Collector Roads (i.e. Arterial
                  collectors, high volume, traffic)
4b     Book 7     Traffic Plan, Road Closure, Barricades, set up, take           ea     $            $
                  down, Local Road ( residential, lower traffic           2
                  volume)

                                                 Total of above Items                                $

            Transfer the totals of the Schedule of Unit Prices to the Summary of Unit Prices Form
                                              Q57-2009
                                SCHEDULE OF UNIT PRICES - WATER MAIN

                                     PRIMARY CONTRACTOR BID
                      All Bidders must complete and sign the Bidders Declaration Form

Company Name:


Item   Spec.      Description                                               Est.   Unit   Unit Price   Total
       No.                                                                  Qty.

1      SP         Mobilize and demobilize sufficient labour and             3      ea     $            $
                  equipment to complete Water Main repairs in the
                  City of Niagara Falls as directed
2                 Install Water Main Clamp including excavate,
                  protect and backfill the trench with granular “A” and
                  compact the full length
       2a         Less than 2.5 meters deep                                 2      ea     $            $
       2b         2.5 to 4.0 meters deep                                    1      ea     $            $
       2c         4.0 to 6.0 metres deep                                    1      ea     $            $


3      OPSS       Replace water main pipe including excavate, protect
       410 Sp     and backfill the trench with granular “A” and
                  compact for the full lengths necessary plus 1.2 m at
                  each end (Typically 3.0 to 10. Meters in length)
       3a         Less than 2.5 meters deep                                 2      m      $            $
                  (no bonus payment for 1.2 @ each end)

       3b         2.5 to 4.0 meters deep                                    1      m      $            $
       3c         4.0 t0 6.0 meters deep                                    1      m      $            $


4                 Re-connect Water Service                                  1      ea     $            $


5.a    Book 7     Traffic Plan, Road Closure, Barricades, set up, take      2      ea     $            $
                  down Arterial & Collector Roads (i.e. Arterial
                  collectors, high volume, traffic)
5b     Book 7     Traffic Plan, Road Closure, Barricades, set up, take      1      ea     $            $
                  down, Local Road ( residential, lower traffic
                  volume)

                                                     Total of Above Items                              $

            Transfer the totals of the Schedule of Unit Prices to the Summary of Unit Prices Form
                                            Q57-2009
                            SCHEDULE OF UNIT PRICES - WATER SERVICE

                                     PRIMARY CONTRACTOR BID
                      All Bidders must complete and sign the Bidders Declaration Form

Company Name:


Item   Spec.      Description                                              Est.   Unit   Unit Price   Total
       No.                                                                 Qty.

1      SP         Mobilize and demobilize sufficient labour and            1      ea     $            $
                  equipment to complete water service repairs in the
                  City of Niagara Falls as directed
2      OPSS       Replace water service including main stop, curb
       410 SP     stop, curb box and rod, excavate, protect and backfill
                  the trench with granular “A” and compact for the
                  full lengths necessary plus 1.2 m at each end
                  (Typically 3.0 to 10. Meters in length)
       2a         Less than 2.5 meters deep                                20     m      $            $
       2b         2.6 to 4.0 meters deep                                   10     m      $            $


3                 Re-connect water servcies                                3      ea     $            $


4                 Remove and Replace Fire Hydrant & Secondary              6      ea     $            $
                  Valve **
5                 Remove and Replace Mainline Gate Valve**                 6      ea     $            $


6a     Book 7     Traffic Plan, Road Closure, Barricades, set up, take     1      ea     $            $
                  down Aerial & Collector Roads (i.e. Arterial
                  collectors, high volume, traffic)
6b     Book 7     Traffic Plan, Road Closure, Barricades, set up, take     1      ea     $            $
                  down, Local Road ( residential, lower traffic
                  volume)

                                                 Total of Above Items                                 $

** NOTE: MOBILIZATION COSTS NOT APPLICABLE TO HYDRANTS AND GATE VALVES

            Transfer the totals of the Schedule of Unit Prices to the Summary of Unit Prices Form
Q57-2009
                                 SCHEDULE OF UNIT PRICES - SEWER MAIN

                                    SECONDARY CONTRACTOR BID
                       All Bidders must complete and sign the Bidders Declaration Form

 Company Name:


 Item   Spec.      Description                                             Est.   Unit   Unit Price   Total
        No.                                                                Qty.

 1      SP         Mobilize & demobilize sufficient labour and             6      ea     $            $
                   equipment to complete mainline sewer repairs in the
                   City of Niagara Falls as directed
 2      OPSS       Replace sewer main including excavate, protect and
        410 SP     backfill the trench with granular “A” and compact
                   for the full lengths necessary plus 1.2 m at each end
                   (Typically 3.0 to 10. Meters in length)
        2a         Less than 3.6 meters deep                               4      m      $            $
        2b         3.6 to 5.0 meters deep                                  10     m      $            $
        2c         5.0 to 6.0 metres deep                                  6      m      $            $
        2d         6.0 to 7.0 meters deep                                  3      m      $            $


 3                 Re-connection of sewer lateral or riser to include      3      ea     $            $
                   replacement of maximum of one meter of lateral
                   pipe.


 4a     Book 7     Traffic Plan, Road Closure, Barricades, set up, take    3      ea     $            $
                   down Arterial & Collector Roads (i.e. Arterial
                   collectors, high volume, traffic)
 4b     Book 7     Traffic Plan, Road Closure, Barricades, set up, take    3      ea     $            $
                   down, Local Road ( residential, lower traffic
                   volume)

                                                  Total of Above Items                                $

             Transfer the totals of the Schedule of Unit Prices to the Summary of Unit Prices Form
                                            Q57-2009
                            SCHEDULE OF UNIT PRICES - SEWER LATERAL

                                   SECONDARY CONTRACTOR BID
                      All Bidders must complete and sign the Bidders Declaration Form

Company Name:


Item   Spec.      Description                                             Est.   Unit   Unit Price   Total
       No.                                                                Qty.

1      SP         Mobilize sufficient labour and equipment to             4      ea     $            $
                  complete sewer lateral repairs in the City of Niagara
                  Falls as directed.
2      OPSS       Replace sewer lateral including excavate, protect
       410 SP     and backfill the trench with granular “A” and
                  compact for the full lengths necessary plus 1.2 m at
                  each end (Typically 3.0 to 10. Meters in length)
       2a         Less than 3.6 meters deep -    Lineal metre             10     m      $            $
       2b         3.6 to 5.0 meters deep - lineal metre                   20     m      $            $
       2c         5.0 to 6.0 metres deep - lineal metre                   10     m      $            $


3                 Replace riser                                           3      m      $            $


4a     Book 7     Traffic Plan, Road Closure, Barricades, set up, take    2      ea     $            $
                  down Arterial & Collector Roads (i.e. Arterial
                  collectors, high volume, traffic)
4b     Book 7     Traffic Plan, Road Closure, Barricades, set up, take    2      ea     $            $
                  down, Local Road ( residential, lower traffic
                  volume)

                                                 Total of Above Items                                $

            Transfer the totals of the Schedule of Unit Prices to the Summary of Unit Prices Form
                                              Q57-2009
                                SCHEDULE OF UNIT PRICES - WATER MAIN

                                   SECONDARY CONTRACTOR BID
                      All Bidders must complete and sign the Bidders Declaration Form

Company Name:


Item   Spec.      Description                                               Est.   Unit   Unit Price   Total
       No.                                                                  Qty.

1      SP         Mobilize and demobilize sufficient labour and             3      ea     $            $
                  equipment to complete Water Main repairs in the
                  City of Niagara Falls as directed
2                 Install Water Main Clamp including excavate,
                  protect and backfill the trench with granular “A” and
                  compact the full length
       2a         Less than 2.5 meters deep                                 2      ea     $            $
       2b         2.5 to 4.0 meters deep                                    1      ea     $            $
       2c         4.0 to 6.0 metres deep                                    1      ea     $            $


3      OPSS       Replace water main pipe including excavate, protect
       410 Sp     and backfill the trench with granular “A” and
                  compact for the full lengths necessary plus 1.2 m at
                  each end (Typically 3.0 to 10. Meters in length)
       3a         Less than 2.5 meters deep                                 2      m      $            $
                  (no bonus payment for 1.2 @ each end)

       3b         2.5 to 4.0 meters deep                                    1      m      $            $
       3c         4.0 t0 6.0 meters deep                                    1      m      $            $


4                 Re-connect Water Service                                  1      ea     $            $


5.a    Book 7     Traffic Plan, Road Closure, Barricades, set up, take      2      ea     $            $
                  down Arterial & Collector Roads (i.e. Arterial
                  collectors, high volume, traffic)
5b     Book 7     Traffic Plan, Road Closure, Barricades, set up, take      1      ea     $            $
                  down, Local Road ( residential, lower traffic
                  volume)

                                                     Total of Above Items                              $

            Transfer the totals of the Schedule of Unit Prices to the Summary of Unit Prices Form
                                            Q57-2009
                            SCHEDULE OF UNIT PRICES - WATER SERVICE

                                   SECONDARY CONTRACTOR BID
                      All Bidders must complete and sign the Bidders Declaration Form

Company Name:


Item   Spec.      Description                                              Est.   Unit   Unit Price   Total
       No.                                                                 Qty.

1      SP         Mobilize and demobilize sufficient labour and            1      ea     $            $
                  equipment to complete water service repairs in the
                  City of Niagara Falls as directed
2      OPSS       Replace water service including main stop, curb
       410 SP     stop, curb box and rod, excavate, protect and backfill
                  the trench with granular “A” and compact for the
                  full lengths necessary plus 1.2 m at each end
                  (Typically 3.0 to 10. Meters in length)
       2a         Less than 2.5 meters deep                                20     m      $            $
       2b         2.6 to 4.0 meters deep                                   10     m      $            $


3                 Re-connect water servcies                                3      ea     $            $


4                 Remove and Replace Fire Hydrant & Secondary              6      ea     $            $
                  Valve **
5                 Remove and Replace Mainline Gate Valve**                 6      ea     $            $


6a     Book 7     Traffic Plan, Road Closure, Barricades, set up, take     1      ea     $            $
                  down Aerial & Collector Roads (i.e. Arterial
                  collectors, high volume, traffic)
6b     Book 7     Traffic Plan, Road Closure, Barricades, set up, take     1      ea     $            $
                  down, Local Road ( residential, lower traffic
                  volume)

                                                 Total of Above Items                                 $


** NOTE: MOBILIZATION COSTS NOT APPLICABLE TO HYDRANTS AND GATE VALVES

            Transfer the totals of the Schedule of Unit Prices to the Summary of Unit Prices Form
                                                      Q57-2009
                            Emergency Repairs / Replacement
                 Sewer Main, Sewer Lateral, Water Main and Water Service
                              Fire Hydrants and Gate Valves

                                        PRIMARY CONTRACTOR
                                         Summary of Unit Prices
                       All Bidders must complete and sign the Bidders Declaration Form

 Company Name:



 Total Bid Price - Sanitary Sewer                                                             $


 Total Bid Price -Sewer Lateral                                                               $


 Total Bid Price - Water Main                                                                 $


 Total Bid Price - Water Service                                                              $



 Total Bid Price - ALL OF THE ABOVE                                                           $

 Total Amount of Goods and Service Tax                                                        $

 Total - Estimated Cost per Job ALL OF THE ABOVE                                             $
                                                                          Transfer Total to Bidders Declaration Form


PLEASE NOTE: ONLY THE PRIMARY CONTRACTOR IS GUARANTEED WORK

Harmonized Sales Tax:
Until the Ontario provincial government releases further details on the transition rules and the enabling legislation is
passed on the proposed Harmonized Sales Tax, the Contractor is to assume the existing sales tax regime in determining
the total Price.
Subject to passage of legislation, effective July 1, 2010, there will be a new harmonized sales tax regime. The
successful contractor(s) will be expected to identify savings starting on July 1, 2010 once the relevant legislation has
passed and final details have been determined.
                                                      Q57-2009
                            Emergency Repairs / Replacement
                 Sewer Main, Sewer Lateral, Water Main and Water Service
                              Fire Hydrants and Gate Valves

                                    SECONDARY CONTRACTOR
                                       Summary of Unit Prices
                       All Bidders must complete and sign the Bidders Declaration Form

 Company Name:



 Total Bid Price - Sanitary Sewer                                                             $


 Total Bid Price -Sewer Lateral                                                               $


 Total Bid Price - Water Main                                                                 $



 Total Bid Price - Water Service                                                              $



 Total Bid Price - ALL OF THE ABOVE                                                           $

 Total Amount of Goods and Service Tax                                                        $

 Total - Estimated Cost per Job ALL OF THE ABOVE                                             $
                                                                          Transfer Total to Bidders Declaration Form


PLEASE NOTE: ONLY THE PRIMARY CONTRACTOR IS GUARANTEED WORK


Harmonized Sales Tax:
Until the Ontario provincial government releases further details on the transition rules and the enabling legislation is
passed on the proposed Harmonized Sales Tax, the Contractor is to assume the existing sales tax regime in determining
the total Price.
Subject to passage of legislation, effective July 1, 2010, there will be a new harmonized sales tax regime. The
successful contractor(s) will be expected to identify savings starting on July 1, 2010 once the relevant legislation has
passed and final details have been determined.
                                            Quotation # Q57-2009
                                              Reference Form

 Bidders Company Name:

Bidders are to complete this Reference Form and attach same to their bid submission. Any quotation received that
does not include this Reference Form may be considered as “informal” and may be rejected by the Municipality.

Companies stated by the bidder as references will be contacted by City of Niagara Falls Staff. Both written and
telephone (oral) references checks received by the City will be accepted as binding upon the bidder. References
received which are negative or indicate past performance issues may be cause for the City to reject the bidder’s
quotation submission.

In addition to Statement “B” of the Price Schedule, Bidder’s Experience in Similar Work”, Bidders on request may
be required to furnish satisfactory evidence as to their experience, capacity and financial resources.

Please state the name of the company, address, phone number and contact person where similar work, service or
delivery of products or materials have been performed within the past thirty six (36) months. Do not include
the City of Niagara Falls as a named reference.



           Reference # 1
 Company
 Address (Street and #)
 City, Province, Postal Code
 Contact Person and Phone #
 Date of Completion of Contract

           Reference # 2
 Company
 Address (Street and #)
 City, Province, Postal Code
 Contact Person and Phone #
 Date of Completion of Contract

           Reference # 3
 Company
 Address (Street and #)
 City, Province, Postal Code
 Contact Person and Phone #
 Date of Completion of Contract
                                              Quotation # Q57-2009
                                           List of Subcontractors Form

 Bidders Company Name:

Bidders shall list hereunder the names of all sub-contractors, and persons for the execution all work and services as
described in these bid documents which shall not be performed directly by the Contractor or the Contractor’s
employees. The City reserves the right to accept or reject any subcontractors listed below.

 Work or Service to be Performed        Name of Sub-Contractor or Person       Address of Sub-Contractor or
                                                                               Person
                  Quotation # Q57-2009

            Emergency Repairs / Replacement
Sewer Main, Sewer Lateral, Water Main and Water Service,
             Fire Hydrants and Gate Valves


                   SECTION 3




              SCOPE OF WORK
                                                      Q57-2009

                                         Section 3 - Scope of Work
                                                   Page 1
1.   Description of Work:
     The Contractor shall supply all necessary labour and equipment to complete the the Emergency Repair and/or
     Replacement of Sanitary Sewer Main, Sewer Lateral, Water Main and Water Service work required under this
     Agreement, in a good and worker like manner and shall have sufficient workers and equipment to carry out
     the work in accordance with this agreement to the satisfaction of the Director of Municipal Works or
     designate.

2.   Equipment Requirements
     Minimum JD450 Excavator or equivalent and JD310 R. T. Backhoe or equivalent.

3.   Hours allowed to Work
     The contractors(s) are advised that the City of Niagara Falls’s Environmental Services Section has a policy
     that crews are not to work more than fourteen (14) continuous hours without a minimum eight (8) hour break.
     The Contractor(s) are to adhere to this.

4.   Utility Locate Coordination
     The contractor(s) are responsible for acquiring all utility locates necessary to make repairs. There will be no
     separate payment or individual pay item for this.

5.   Traffic Requirements
     The contractor(s) shall provide Traffic Protection Plans, as required, to meet all requirements of the Ministry
     of Labour and the Occupational Health and Safety Act. They shall be required to adhere to all requirements
     for barricading, lighting, and traffic control as specified by the City of Niagara Falls, and the Ministry of
     Transportation, Ontario Traffic Manual, Book 7 - Temporary Conditions.

6.   Materials
     The City of Niagara Falls will supply all materials necessary to adequately perform the repairs and/or
     replacement under the direction of the Environmental Services Supervisor for the job.

7.   Mobilization
     The submitted cost for this item on the price schedule includes all costs to float, to and from the site, all
     equipment necessary, create traffic protection plans, set up road closure, arranging utility locates, obtain any
     necessary permits, arrange with Environmental Services Supervisor the required materials from the City and
     have all staff on site as necessary to initiate and complete the repair. This item will be paid for in the schedule
     of quantities, as one for each and every call out. If there are two or more repairs completed on one street, or
     on an immediately adjacent street during one call out, this item will be paid as one.

8.   Excavate, Protect and Backfill Trenches in Repair/Replacement Locations
     Included in this item shall be all costs involved to excavate and locate and identify the type of damage on the
     section of main, lateral or service, protect and backfill with Granular “A”and dispose of excavated materials.
     Backfill materials shall be placed in layers not exceeding 300 mm in depth and compacted to 95% Standard
     Proctor Density. Also included shall be saw cutting and removal of the asphalt and concrete roadway,
     sidewalk, where applicable.
                                                    Q57-2009

                                        Section 3 - Scope of Work
                                                  Page 2


9.   Repair Section of Water Main
     To include cutting and removing the damaged section of pipe to the next adjacent structurally sound section of
     pipe. Replace the damaged section with PVC including two approved couplings.

10. Temporary Road Restoration
    Place 100 mm HL8 Hot Mix Asphalt weather permitting or 30- 100 mm cold patch. Contractor to
    temporarily restore the roadway to ensure safe rideability. The location where this type of restoration will
    take place will be on main traffic arterials or as directed by the Environmental Services Supervisor for each
    job.

11. Disinfection of Water main, Water Services, Equipment and Hand Tools (all water related items)
    The Contractor is required to follow the AWWA standard for disinfecting the water main pipe and water
    services as per:

     a) AWWA C651-05 Standard for Disinfecting Water main, Section 4.7 Disinfecting Procedure When Cutting
        Into or Repairing Water main.

        The disinfectant material to be used will be in accordance with:

     b) ANSI/NSF-60-61 produce, Standard for Liquid Chlorine.

12. Equipment Cleaning
    The contractor is advised that if any of their equipment, hand tools and PPE were used in a previous
    wastewater collection (sewer, sewer lateral, etc.) work site, that all of the equipment, hand tools and PPE
    associated with that work will have to be washed down and disinfected to the above standards.
                  Quotation # Q57-2009

            Emergency Repairs / Replacement
Sewer Main, Sewer Lateral, Water Main and Water Service,
              Fire Hydrants and Gate Valves



                   SECTION 4




         GENERAL PROVISIONS
                                                 Q57-2009
                                                 Section 4
                                            GENERAL PROVISIONS
                                                  Page 1

1.   General
     The primary and secondary contractor shall be available during the entire contract duration.

2.   Equipment Required
     The Contractor(s) shall be required to supply all machinery and labour necessary to carry out the work under
     this contract. The work intended to be carried out under this contract shall include the Emergency Repair or
     Replacement of Sanitary Sewer Main, Sewer Lateral, Water Main and Water Service, as requested, on an on-
     call basis as supervised by an Environmental Services Supervisor.

3.   Quantities
     The quantities shown on the Price Schedule Forms are approximate only and shall be used as part of the
     basis for calculation upon which the award of the contract will be made. The actual amount paid to the
     successful bidder will be based upon the mobilization costs plus the appropriate unit price added based on the
     dig depth. (The City guarantees 12 per year to the Primary Contractor)

4.   Contact with City
     The Contractor(s) shall have access to an answering service, machine or a pager number which can be
     accessed 24 hours per day and shall provide the City with the numbers required for immediate contact .

5.   Timing
     The Operator must provide sufficient labour and equipment to be on site and capable of excavating within
     two hours of verbal notification. Most repairs are of short duration, 8-10 hours on site.

6.   Loss or Damage
     The City shall not be answerable or accountable for loss or damage to the Contractors equipment used for the
     work.

7.   Inspections and Observations
     Prior to awarding the contract and throughout the duration of the contract the Contractor shall grant the
     Director access to the Contractor's premises for the purpose of inspecting equipment

8.   Job Records
     The Contractor agrees to submit to the respective contact within the City, based upon the specific job
     requested, a summary sheet as outlined in appendix “C”. Job Summary sheets submitted on forms supplied by
     the City (see sample), must detail the time of day the contractor attended at each job, and the time the
     contractor started and completed the work, the equipment used, the depth of the dig, the materials used from
     the city and the name of the Environmental Services Supervisor on site on each job.
                                                 Q57-2009
                                                 Section 4
                                            GENERAL PROVISIONS
                                                  Page 2

9.   Payment
     Payment to the Contractor will be as to the work done and the value thereof according to the terms of the
     agreement upon submission of an invoice with accompanying job record, identifying:
     a) Name, address, telephone and fax/e-mail address
     b) Quotation number (Q57-2009)
     c) date of work
     d) name of Environmental Services Supervisor attending
     e) arrival time on site
     f) time of job completion
     g) list any road closures necessary
     h) state/condition of roadway upon completion of work

10. Enquiries
    All general enquiries pertaining to each job should be directed to the appropriate Environmental Services
    Supervisor.


11. Technical enquiries
    Technical enquiries regarding the equipment or materials to be used for this contract are to be directed to Mr. Uly
    Dupuis, Environmental Services Manager, City of Niagara Falls, (905) 356-7521 # 6522.


12. Sub Contracting
    No sub-contracting shall be allowed on this contract unless approved in writing by the Manager of Environmental
    Services and/or their designate.

13. WSIB Insurance
    Confirmation to be submitted with quotation and current (non-expired) WSIB Certificate of Clearance Form to
    be submitted to the appropriate Environmental Services Supervisor prior to the start of any call out work.

14. Liability Insurance
    The Liability Insurance Form, Appendix “A” must be completed and submitted to the appropriate Environmental
    Services Supervisor before commencement of the first call out work. The Liability Insurance Form must remain
    in affect for the period of not less than one full year from the first call out work date.
                  Quotation # Q57-2009

            Emergency Repairs / Replacement
Sewer Main, Sewer Lateral, Water Main and Water Service,
              Fire Hydrants and Gate Valves



                   SECTION 5




          SPECIAL PROVISIONS

 SUPPLEMENTARY SPECIAL PROVISIONS
              TO THE
    NIAGARA PENINSULA STANDARD
        CONTRACT DOCUMENT
                                                 Q57-2009
                                      Emergency Repairs / Replacement
                          Sewer Main, Sewer Lateral, Water Main and Water Service,
                                       Fire Hydrants and Gate Valves


              SPECIAL PROVISIONS - SUPPLEMENTARY SPECIAL PROVISIONS PAGE 1

GENERAL REQUIREMENTS & INFORMATION

The following General Requirements should be considered as amendments and/or extensions to the Special
Provisions - General, as listed in the Niagara Peninsula Standard Contract Document, latest revision.

1.   PROJECT SCOPE

This quotation encompasses the provision of all labour and equipment necessary for the repair or replacement of sewer,
water mains, sewer laterals, water services and placement of granular material, base asphalt and restoration of all
appurtenances.

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

2.   Quotation

All tenderers are reminded of the provisions and requirements for quotations as detailed in the Niagara Peninsula
Standard Contract Documents - Special Provisions General, Items G1 and G2. These provisions will be strictly
enforced in regard to timing requirements.

     2.1 Insurance Certificate

     The successful bidder shall note that only the following words “or from blasting or vibration from pile driving
     or caisson work” may be deleted on the following clause of the Certificate of Insurance:

“No exclusions for damage or loss from the removal or weakening of support of any property, building or land whether
such support be natural or otherwise or from basting or vibration from pile driving or caisson work.”

3.   OCCUPATIONAL HEALTH AND SAFETY

The contractor is reminded that the terms of the quotation are to be executed in strict compliance with the requirements
of the Occupational Health and Safety Act, R.S.O. 1990, latest edition. Attention is drawn to the General Conditions
of Quotation, Section GC 7.01.06, and GC 7.01.07. Ontario Regulation 213/91 (Construction Projects) and the
following regulations under the Act may also affect execution of the terms of the quotation:
                                                        Q57-2009

              SPECIAL PROVISIONS - SUPPLEMENTARY SPECIAL PROVISIONS PAGE 2

*    Confined Spaces (Reg 632/05)
*    Control of Exposure to Biological or Chemical Agents (Reg 833)
*    Critical Injury - Defined (Reg 834)
*    Designated Substance - Asbestos on Construction Projects (Reg 278/05)
*    Designated Substance - Vinyl Chloride (Reg 846)
*    Roll-Over Protective Structures (Reg 856)
*    Workplace Hazardous Materials Information System - WHMIS (Reg 860)
*    First Aid Requirements (Reg 1101)

In accordance with the Provisions of Section 9 of the Act, if:
* the Project is over 3 months in duration, the contractor is required to undertake monthly site inspections of the
     workplace. The City will require copies of all monthly site inspection forms.

*    the Contractor is required to maintain a Joint Health and Safety Committee, the City will require copies of the
     agenda and minutes of any Committee meeting where discussions will be related to the City work site.

The City will also require copies of any Incident or Accident Reports related to the Project.

In accordance with the General Conditions of Quotation, Section GC 7.01.08, the Contractor is hereby
requested to submit a copy of its Health and Safety Policy and Program to the Contract Administrator prior
to the Pre-Construction Review Meeting (see Section 4).

All procedures in the “Safe Work Procedures for Excavating in the Vicinity of Underground Electrical Plant” guide
book must be adhered to. Any associated costs are deemed to be included in the tender items.

4.   PRE-CONSTRUCTION REVIEW MEETING

Prior to the start of construction, the City and the successful contractor will coordinate and attend a pre-construction
review meeting. In order to allow for a relevant review and discussion, the contractor is required to have all submittals
necessary, as per the quotation requirements, delivered to the Contract Administrator two (2) working days prior to
the pre-construction meeting, including but not limited to the following:

*    All documentation required for quotation, if not already submitted, as per Special Provisions - General Item G1
     of the Niagara Peninsula Standard Quotation Documents, requested Certificate of Insurance and Workplace Safety
     and Insurance Board certification of good standing
*    A copy of the Ministry of Labour Notification as per Special Provisions - General Item G6
*    A listing of all products controlled under WHMIS expected to be used on the project and related Material Safety
     Data Sheets as per Special Provisions - General Item G7
*    A list of proposed recycling facilities and disposal sites, including written authorizations as required, to be utilized
     on this quotation
*    A copy of the proposed Traffic Control and Management Plan, in accordance with all the provisions of Quotation
     Item A8, for review by the City and submitted for each job thereafter.
*    A listing of the contractor’s proposed supervisory personnel for this project, including contact information.
*    A listing of all the contractor’s staff that are planned to take part in the project, complete with hourly rates, list
     of training received and copies of all their applicable certificates.
*    A list of the proposed sub-contractors if utilized on this quotation, for review by the City.
*    A listing of all equipment proposed to be used on this project, as per OPSS.
*    A copy of the proposed chlorine residual and bacteriological sampling plan, if applicable.
*    A copy of the Contractor’s Health and Safety Policy and Program.
                                                      Q57-2009

             SPECIAL PROVISIONS - SUPPLEMENTARY SPECIAL PROVISIONS PAGE 3

*    Any other necessary submittals required by provisions elsewhere in this quotation that are needed for review
     by the City such as shop drawings or sampling and testing plans.
*    Sign off on city’s confined space policy.

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

5.   EXISTING CONDITIONS

     5.1 Access

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

     5.2 Damages

     Any unreasonable damage, as determined by the City, to lawns, driveways, etc., shall be repaired or replaced
     immediately by the contractor at their expense.

     5.3 Drainage

     The contractor shall schedule their construction operations in such a manner that a storm drainage outlet will
     always be available. This is to ensure that the exposed sub-grade or granular base will not be subjected to
     flooding and ponding problems. The unit price bid under the appropriate items shall allow for this
     requirement and no extra payment shall be made for the excavation and replacement of soft, wet areas caused
     by inadequate drainage.

     5.4 Tree Protection

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

     5.5 Utilities

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

     Existing utility locations and depths of utilities, whether indicated on the drawings or not, shall be confirmed
     by the contractor prior to construction.
                                                     Q57-2009

             SPECIAL PROVISIONS - SUPPLEMENTARY SPECIAL PROVISIONS PAGE 4

     Preservation of existing utilities shall be as per OPSS 504. For utilities greater than 300mm diameter the
     contractor shall submit shop drawings, stamped by a professional engineer licensed to practice in Ontario, to
     the Contract Administrator detailing the temporary and permanent support. The contractor shall also advise
     the Utility owner when he will be working in the vicinity of their plant. No special payment will be made for
     this item. The cost of utility supports shall be included in the unit price bid for sewers and watermain, etc.

6.   OPERATIONS

     6.1 Surplus Native Material

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

     6.2 Half Load Roadways

     Quotations are advised to note the policies of both the City of Niagara Falls and the Regional Municipality of
     Niagara regarding half loads during the months of March and April. See attached maps 315.29 and 315.30.


     6.3 Regional Road Restoration

     All restoration work on any regional road shall be carried out immediately upon completion of the
     construction, all in accordance with the Regional Municipality of Niagara road cut permit.

     6.4 Excavation and Trenching

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

     When a trench box is used to support the wall of a trench its removal shall be as per clause 538.07.02 in OPSS
     538.

     6.5 Disposal Site for Excavated Materials and Recycled Concrete and Asphalt Rubble Material

     The contractor will provide the Contract Administrator with written authorization for use of any private dump
     site, including a brief description of the terms of authorization.

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

     The unit or lump sum prices bid for the applicable quotation items shall be deemed to have made full
     allowance for these requirements.
                                                     Q57-2009

             SPECIAL PROVISIONS - SUPPLEMENTARY SPECIAL PROVISIONS PAGE 5

    6.6 Trench Backfill and Compaction

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

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

    Trenching, backfilling and compacting shall also be in accordance with OPSS 514.

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

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

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

    The onus shall be on the supplier to ensure that the Contract Administrator's representative is furnished with
    all delivery slips and these will form the method of measurement. No payment will be made for delivery
    slips not signed by the Contract Administrator's representative.

    The Contract Administrator shall have the right to verify the weight of any load of material. The contractor
    shall be reimbursed for cost of the extra haulage, by the Owner at the rate of ten cents per tonne kilometre of
    extra haul if the actual tonnage is not less than shown on the delivery slip. If the actual weights are less than
    that indicated on the delivery tickets, the total weight delivered on that day will be reduced by a percentage
    equal to the percentage deficiency in loads checked, and no payment will be made for the extra haul described
    above.

Quotation ITEMS

A8. CONSTRUCTION SIGNS, TRAFFIC CONTROL & TRAFFIC MANAGEMENT PLAN - ITEM A8

Interference with normal flow of traffic shall be kept to a minimum. The contractor shall be prepared to supply
and erect any barricades and signs which may be required for complete control of both pedestrians and vehicular
traffic including competent flag persons in accordance with Ontario Manual of Uniform Traffic Control Devices.
The contractor shall further provide a traffic control plan in accordance with amendment to OHSA, August 2007.
The lump sum price shall be deemed to have included this provision.
                                                       Q57-2009

              SPECIAL PROVISIONS - SUPPLEMENTARY SPECIAL PROVISIONS PAGE 6

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

A minimum of one lane of traffic shall be maintained at all times during construction. Two lanes of traffic shall be
maintained at all other times.

One lane of traffic may be closed to traffic during construction, in accordance with the “Traffic Control Manual for
Roadway Work Operations”. At all other times, all lanes of traffic shall be maintained.

The contractor will be required to backfill all their trench cut and install temporary restoration in accordance with
the Regional Municipality of Niagara specifications at the end of the day's operations so that all lanes of two-way
traffic can be maintained at night. All hazards and obstructions shall be properly barricaded and delineated with
flashers in accordance with the Ontario Manual of Uniform Traffic Control Devices.

It will be the contractor's responsibility to inform the various businesses and residences of, and/or the placement of
no parking signs in order to reduce/eliminate any problems with parked vehicles that may interfere with their
operations. Access to the abutting businesses and residences must be maintained at all times.

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

The contractor will co-ordinate with Niagara Falls Transit to ensure minimum interruption to their bus schedules.
Niagara Transit, school buses and garbage service vehicles will be given priority to maintain their schedule.

The contractor shall also maintain/provide existing pedestrian access at all times to the businesses and residents
during all phases of construction in an acceptable manner.

The traffic control sign requirements shall include the following:

Supply, locate, erect, operate, maintain, relocate as necessary and remove all necessary traffic signs, construction
signs, including delineators, barricades and flashing lights, in accordance with the Ontario Traffic Manual (OTM)
Book 7 and the “Traffic Control Manual for Roadway Work Operations - Field Edition (March 2001)” or latest
edition thereof.

The contractor is responsible for the installation and removal of all construction signage. The contractor is also
responsible for daily maintenance of all signs throughout the quotation.

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

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

All signs will be replaced permanently by City forces.
                                                       Q57-2009

              SPECIAL PROVISIONS - SUPPLEMENTARY SPECIAL PROVISIONS PAGE 7

C1. SEWERS
In addition to the conditions stipulated in the Niagara Peninsula Standard Contract Document, the following shall
apply:

The provisions of OPSS 410 shall apply except as amended or extended herein.

The prices bid shall include excavation of all types of soil including asphalt, road base for a vertical trench, any
required dewatering, sheathing, shoring and bracing for the vertical trench, temporary and permanent supports of
all utilities and services within the trench, placement of bedding, pipe installation, connections to existing or new
maintenance holes and existing or new service laterals, placement or removal of manufactured plugs, placement of
cover and backfill material, compaction, disposal of surplus excavated material, removal and disposal of existing
maintenance holes, sewers or watermains.

The contractor shall note that it is their responsibility to maintain the proper functioning of each sanitary, storm
and water service lateral during sewer installations at no additional cost to the quotation.

The contractor is to note that full Granular ‘A’ will be used for backfill in shoulders, driveways, sidewalks and
travelled roadways unless otherwise noted by the Contract Administrator. Native material will be used in all other
areas. Where native material is used, the contractor is to include in their price for all handling, hauling, stockpiling,
placement and compaction. Recycled material, as specified under the Supplementary Special Provision for
Granular ‘A’, will be permitted for use as bedding and cover material.

Where the new pipe installation crosses or is adjacent to an existing pipe or structure, the contractor shall support
the existing pipe or structure. In the event the existing pipe or structure becomes disturbed, the contractor shall
replace or repair the pipe or structure regardless of the material and at no additional cost to the quotation.

Where the new pipe installation crosses an abandoned pipe which requires removal, the abandoned pipe sections
remaining shall be plugged and sealed on either side of the new pipe at no additional cost to the quotation.

The unit price bid for this item shall include all saw cutting required.

C2. SUPPLY AND INSTALL SEWER LATERALS -

In addition to the conditions stipulated in the Niagara Peninsula Standard Quotation Document, the following shall
apply:

The price bid for required lateral service replacement from the sewer main to the existing lateral shall include
excavating for the lateral in all types of soil including concrete and asphalt pavement, supply and installation of
new sewer pipe by the vertical trench open cut method, bends, approved connection to the sewer main, or
maintenance holes and to the existing service lateral at a point as determined by the City.

D1. WATERMAINS

In addition to the conditions stipulated in the Niagara Peninsula Standard Documents, the following shall also
apply:

The contractor is to note that full Granular ‘A’ will be used for backfill in shoulders, driveways, sidewalks and
travelled roadways unless otherwise noted by the City. Native material will be used in all other areas. Where
native material is used, the contractor is to include in their price for all handling, hauling, stockpiling, placement
and compaction.
                                                     Q57-2009

             SPECIAL PROVISIONS - SUPPLEMENTARY SPECIAL PROVISIONS PAGE 8

All operation of the live water system shall be performed or supervised by a certified operator (holding a valid
certificate) according to O. Reg. 128/04.

Operation of the water system includes disconnection of any service from a live water system, reconnecting of any
service to a live water system and any works performed on a live water system (ex. maintenance repairs, any
connections to the live system).

The City will provide the contractor with a certified operator to supervise all works required which are to be
completed to the live water system. The City may require the assistance of the contractor in operating the water
system at no additional cost to the quotation.

Non compliance of this requirement is a contravention of the Safe Drinking Water Act. Failure to comply with this
Act will subject the contractor to any penalties, fines or consequences as deemed applicable by the Ministry of the
Environment.

D3. HYDRANT SETS - ITEM D3
All hydrants shall be bagged when not in service.

Salvaged hydrants shall be delivered to the City Service Centre when required, as specified by the contract
administrator.
                      Quotation # Q57-2009

                Emergency Repairs / Replacement
Sanitary Sewer Main, Sewer Lateral, Water Main and Water Service


                       SECTION 6




                   SCHEDULE OF
                   OPSS AND OPSD
                                                Q57-2009
           Tender for the Supply of Services for the Emergency Repair and/or Replacement of
        Sewer Main, Sewer Lateral, Water Main and Water Service, Fire Hydrants and Gate Valves


                                        SCHEDULE OF OPSS
Where the specification number for a tender item in the Price Schedule is preceded by the letters OPSS, it
refers to Ontario Provincial Standard Specifications (OPSS) which are current at the time of bidding. The
following OPSS shall be applicable to this contract:

GC - OPS General Conditions of Contract - Nov 2006

182 - Environmental Protection for Construction in Waterbodies and on Waterbody Banks - Nov 2000
310 - Hot Mix Asphalt - Nov 2008
314 - Untreated Granular Subbase, Base, Surface Shoulder, and Stockpiling - Nov 2004
410 - Pipe Sewer Installation in Open Cut - Apr 2008
501 - Compacting - Nov 2005
503 - Site Preparation for Pipelines, Utilities, and Associated Structures - Nov 2005
504 - Preservation, Protection, and Reconstruction of Existing Facilities - Nov 2005
507 - Site Restoration following Installation of Pipelines, Utilities and Associated Structures - Nov 2005
510 - Removal - Nov 2006
514 - Trenching, Backfilling, and Compacting - Apr 2008
539 - Temporary Protection Systems - Nov 2003
543 - Traffic Control Signing - Dec 1990
565 - Protection of Trees - Nov 2007
701 - Watermain Installation in Open Cut - Nov 2006

and any other related specifications referred to in the above listed specifications.

N.B.   Contractors are advised that the City of Niagara Falls has adopted the Ontario Provincial Standard
       Specifications and Drawings.

       Copies of the relevant specifications ARE NOT included in this contract, therefore, it is necessary for
       contractors to obtain their own set of the Ontario Provincial Standard Specifications and Ontario
       Provincial Standard Drawings (OPSD).
                                                   Q57-2009
              Tender for the Supply of Services for the Emergency Repair and/or Replacement of
           Sewer Main, Sewer Lateral, Water Main and Water Service, Fire Hydrants and Gate Valves


                                              SCHEDULE OF OPSD

   (Not Included in Contract Documents)

Description                                                                             OPSD #      Date

Cast Iron, Square Frame with Square Flat Grate for Catchbasins, Herring Bone Openings   400.020     Nov 2007
Cast Iron, Square Frame with Circular Closed or Open Cover for Maintenance Holes        401.010     Nov 2007
Maintenance Hole Benching and Pipe Opening Details                                      701.021     Nov 2004
Catchbasin Connection for Rigid Main Pipe Sewer                                         708.010     Nov 2006
Support for Pipe at Catchbasin or Maintenance Hole                                      708.020     Nov 2006
Catchbasin Connection for Flexible Main Pipe Sewer                                      708.030     Nov 2006
Flexible Pipe Embedment and Backfill Earth Excavation                                   802.010     Nov 2005
Flexible Pipe Embedment and Backfill Rock Excavation                                    802.013     Nov 2005
Rigid Pipe Bedding, Cover and Backfill Type 1 or 2 Soil - Earth Excavation              802.030     Nov 2005
Rigid Pipe Bedding, Cover and Backfill Type 3 Soil - Earth Excavation                   802.031     Nov 2005
Rigid Pipe Bedding, Cover and Backfill Type 4 Soil - Earth Excavation                   802.032     Nov 2005
Rigid Pipe Bedding, Cover and Backfill Rock Excavation                                  802.033     Nov 2005
Internal Drop Structure for Existing Maintenance Hole                                   1003.030    Nov 2008
Internal Drop Structure for New Maintenance Hole                                        1003.031    Nov 2008
Sewer Service Connections for Rigid Main Pipe Sewer                                     1006.010    Nov 2005
Sewer Service Connections for Flexible Main Pipe Sewer                                  1006.020    Nov 2005
Valve Operator                                                                          1101.020    Nov 2006
Concrete Thrust Blocks for Tees, Plugs and Horizontal Bends                             1103.010    Nov 2006
Concrete Thrust Blocks for Vertical Bends                                               1103.020    Nov 2006
Water Service Connection, 19 and 25mm Diameter Sizes                                    1104.010    Nov 2006
Water Service Connection Detail - 32, 38, and 50mm Diameter Sizes                       1104.020    Nov 2006
Hydrant Installation                                                                    1105.010    Nov 2006
                       Quotation # Q57-2009
            Emergency Repairs / Replacement
Sewer Main, Sewer Lateral, Water Main and Water Service,
                  Fire Hydrants and Gate Valves


                        SECTION 7




                      APPENDICES
  Appendix "A"   Standard Certificate of Insurance Form
  Appendix “B”   Confined Space Entry Program - Contractor Agreement
  Appendix “C”   Job Summary Sheet
  Appendix “D”   City Half Load Roads Map - March & April
  Appendix “E”   Regional Half Load Roads Map - March & April
Q42-2009 - Appendix A                   STANDARD CERTIFICATE OF INSURANCE
                        This form must be completed and signed by your insurer or insurance broker.
 Note:
 1. Proof of insurance will be accepted on this form only (with no amendments).
 2. Insurance company must be licensed to operate in Canada.

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

                                                                                                 Fax Number:
                                                                                                 (    )

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




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

                                                                          Effective           Expiry

 Section 1 - Primary                                                                                         Bodily Injury & Property Damage
 Comprehensive General                                                                                       $                    Inclusive
 Liability (Occurrence                                                                                       $                    Aggregate
 Basis)                                                                                                      $                    Deductible

 Section 2                                                                                                   Bodily Injury & Property Damage
 Automobile Liability                                                                                        $                    Inclusive

 Section 3
 Excess / Umbrella                                                                                           $                       Inclusive

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


PROVISIONS / AMENDMENTS / ENDORSEMENTS:

A.        Comprehensive General Liability Insurance (and Excess, if any) is extended to include the following coverage: Cross Liability and Severability
          of Interest Clause, Premises and Operations Liability, Blanket Contractual Liability, Products / Completed Operations, Personal Injury, and
          Non-Owned Automobile Liability.
B.        With respect to the Comprehensive General Liability Insurance (and Excess, if any), THE CORPORATION OF THE CITY OF NIAGARA
          FALLS, its officers and/or officials, employees and volunteers (and “other” entities as outlined in Section 4 above) have been added as
          Additional Insureds but only with respect to liability arising out of the operations of the Named Insured.
C.        The Comprehensive General Liability Insurance (and Excess, if any) Policy(ies) identified above shall protect each Insured in the same manner
          and to the same extent as though a separate policy has been issued to each, but shall not increase the Limits of Liability as identified about
          beyond the amount or amounts for which the company would be liable if there had been only one Insured. Any failure to comply with any
          provision of the insurance policy by the Named Insured shall not affect coverage provided to The Corporation of the City of Niagara Falls.
D.        The policy(ies) identified above shall apply as primary insurance and not excess to any other insurance available to THE CORPORATION OF
          THE CITY OF NIAGARA FALLS.
E.        If cancelled or changed to reduce the coverage as outlined on this Certificate, during the period of coverage as stated herein, thirty (30) days
          (ten (10) days if cancellation is due to non-payment of premium) prior written notice by registered mail will be given by the Insurer(s) to:

                                         THE CORPORATION OF THE CITY OF NIAGARA FALLS
                                         LEGAL SERVICES
                                         4310 QUEEN STREET, P.O. BOX 1023
                                         NIAGARA FALLS, ONTARIO L2E 6X5

This certificate is executed and issued to the aforesaid Corporation of the City of Niagara Falls, the day and date herein written below.

 Name of insurance company or broker (completing form):                                                               Telephone number:
                                                                                                                      (    )

 Address:                                                                                                             Fax number:
                                                                                                                      (    )

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

PROOF OF LIABILITY INSURANCE WILL BE ACCEPTED ON THIS FORM ONLY (WITH NO AMENDMENTS)
                                         APPENDIX ‘B’



           CITY OF NIAGARA FALLS CONFINED SPACE ENTRY PROGRAM
                    THIRD PARTY CONTRACTOR AGREEMENT


Contractor Information:

Name:

Address:




Phone:

Fax:


Agreement:

All parties working on behalf of
will meet or exceed the requirements outlined in the City of Niagara Falls Confined Space Entry
Program.

All employees who complete work in Confined Spaces within the City of Niagara Falls must prove
current training certifications and must be aware of the expectations outlined in the City of Niagara
Falls Confined Space Entry Program and permitting system.


Signature:

Company Representative:


Signature:


Date:
                                   CSE COORDINATION DOCUMENT

Note: Required only when non-residents or third parties perform confined space work.
 Company:                                  Area:                                      CSE Space Name:



 Document Title:                           Document No.                               Date Prepared:



 List Scheduled Work Date:

 Describe Purpose/Scope:




The company/contractor is responsible for the Confined Space Entry Plan and Confined Space Entry Plan
Specific Training for entrants and attendants.

 Lead Employer:

           F       City of Niagara Falls
           F       Third Party:
                                  (If third party, please specify name of company)

 Company/Contractor(s):

 1.                                                             3.

 2.                                                             4.
 Third Party Confined Space Entry Supervisor:

 Name:
 Company/Contractor(s):                                         Scope of Work/Responsibilities:

 1.

 2.

 3.

 4
Copy to:       Each employer of people who are performing work in the same confined space.
               AND
               Joint Health and Safety Committee or Health and Safety Representative (if any), for each employer of people who
               are performing work in the same confined space.
                                            SUMMARY SHEET
Corporation of the City of Niagara Falls    Appendix"C"
4310 Queen Street
Niagara Falls, Ontario, L2G 6X5

                                                                           DATE:
QUOTATION NO.


Name of Contractor:                                                        ONE SHEET SUBMITTED
Address                                                                    PER JOB
City, Postal

Phone/Fax


date of work                                Name of Environmental Services Supervisor attending



arrival time on site                                   time of job completion
                         (i.e. 10:30 pm.)                                            (i.e. 3:30 a.m.)
Attach traffic plan to this document
list any road closures necessary                       state/condition of roadway upon completion of work




Pricing:
Emergency Repair/Replacement (Choose One)

Sewer Main                                                           Water Main

Sewer Lateral                                                        Water Service

Fire Hydrant                                                         Gate Valve

Please List Quotation
Item No.
                         Mobilization/demobilization

                          Dig Depth                                        # Metres replaced

                          Road closure

                          Valve Replacement                                # of valves

                          Hydrant Replacement                              # of hydrants

Total

Taxes


GRAND TOTAL
                                                               POLI
MUNICIPAL   WORKS                        CITY   HALF   LdAD   ROADS    IN   MARCH   APRIL
                    Januarv   1   1976
    ROADWAYS                                            SECTION       29
                                                                      315
                                                              POLICY
MUNICIPAL   WORKS                    REGIONAL   HALF   LOAD    ROADS   IN
                    janua
                    t       t 1976
    ROADWAYS                                           SECTION   30
                                                                 315
FROM :




Quotation Request #Q57-2009
Emergency Repairs / Replacement
W ater Sewer Mains / Services

CLOSING: September 24, 2009 - 2:00 p.m.




                                  QUOTATION
                                      DELIVER UNOPENED TO:




                                       The City of Niagara Falls
                                       Municipal Service Centre
                                          Front Reception
                                        3200 Stanley Avenue
                                        Niagara Falls, Ontario
                                               L2E 6S4

                                  ATTENTION: SUPPLY & SERVICES