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Special Provision No. 100F08M March 2012

Working at the Howe Island Ferry Terminals

The Howe Island Ferry Service provides on-demand ferry transportation between the Mainland and Island Terminals on a twenty four (24) hour per day, seven (7) day per week basis. The Contractor shall become familiar with the Howe Island Ferry Service operations prior to commencing work at the terminals. The Howe Island Ferry Service is operated by the County of Frontenac and the manager of the service can be contacted at (613) 548-9400 x400.

The Contactor shall design, construct, maintain and remove upon completion, separation fences, which may include hoardings and proper illumination, to prevent trespassers into the work areas. The Contractor shall be responsible for arranging for his own supply of electricity and water while working on the ferry terminals.

The Contractor’s attention is directed to the following:

Maintenance of Ferry Operations

Normal ferry operations are to be maintained at all times throughout the duration of the Contract, with the exception of a total of twenty-four (24) night-time closures, each extending from 10:00pm to 6:00am, during which time the following work will be undertaken:

 Removal and replacement of the timber fendering

 Removal and replacement of steel plates

 Installation of low-profile rubber bumpers

 Localized removal and replacement of deteriorated crib timbers

 Remove the existing crib deck

 Placement of rock fills in cribs

 Placement of new crib deck

 Install composite batterboard system

The Contractor shall plan and schedule the required work operations such that the ferry terminal and transfer ramp is returned to full, normal operation at the end of each night-time closure.

The Contractor will not be permitted to undertake the same type of work at both ferry terminals during the same night-time work closure. However, it may be permissible to work at both ferry terminals during the same night-time closure; providing different tasks are undertaken (eg. replacement of ramp components at Mainland Terminal and replacement of lift system components at Island Terminal). The Contractor’s ability to work at both terminals during the same night-time closure shall be at the discretion of the Contract Administrator.

At least two (2) weeks in advance of the first scheduled closure, the Contractor shall prepare and submit to the Contract Administrator a detailed work schedule indicating the planned date of each night-time closure and a detailed breakdown of the work to be accomplished during each closure, with start and finish times for individual tasks.

The Contractor is advised that the ferry vessel is required to dock at one of the terminals during night-time closures and the Contractor shall plan the work to accommodate the docked ferry vessel. The Contractor’s work schedule shall identify at which terminal the ferry vessel is to be docked for each night-time work closure. The Contractor shall provide at least twelve (12) hours notice to the Contract Administrator and the ferry personal of any change in the schedule that would require the ferry vessel be docked at the other terminal.

In the event that the Contractor’s operations require that the ferry vessel dock at the Island Terminal during the night-time work period, the Contractor shall provide and maintain temporary sanitary facilities at the Island terminal f or the use of the ferry vessel’s crew.

Construction operations shall be carried out in such as manner as to maximize safety and minimize disruption to traffic operations at the Howe Island Ferry Terminals. Construction operations shall be conducted within the designated Work Areas, except as permitted herein. The Contractor shall plan and schedule the routes of vehicles transporting materials and equipment to, from, or within the site, so that vehicular movements are accomplished with minimum interference and interruptions to traffic. The contractor shall not be permitted to access or egress the Work Areas during ferry loading and unloading operations.

Commencement of Construction Operations

On site work shall commence after the start-up meeting has taken place. It is anticipated that the contract award will be on or around October 9, 2015. The start-up meeting will be held shortly thereafter.

MTO Contract #2015-4282; Tender #OSS_00544454 Rehabilitation of the Howe Island Ferry Terminals Page 52 of 91 Delivery of Equipment and Materials to the Island

The use of the ferry for the transportation of materials and construction equipment shall not be permitted during the peak hours of 6:30 a.m. to 8:30 a.m. (from the island) or 4:00 p.m. to 6 p.m. (to the island) The contractor shall observe all load limits imposed by the Howe Island Ferry Service and plan the work to address the limits.

Permitted Times for Ferry Terminal Closures

As noted in Maintenance of Ferry Operations, normal ferry operations are to be maintained throughout the duration of the Contract, with the exception of twenty-four (24) night time closures. Ferry terminal closures for construction will only be allowed during the following times and days:

Ferry Terminal Closures

Location Monday to Friday Saturday Sunday

Mainland Ferry Terminal 22:00 – 24:00 0:00 – 6:00

22:00 – 24:00 0:00 – 6:00

22:00 – 24:00 0:00 – 6:00 Island Ferry Terminal 22:00 – 24:00

0:00 – 6:00

22:00 – 24:00 0:00 – 6:00

22:00 – 24:00 0:00 – 6:00 The start of any night-time terminal closure shall not commence without the authorization of the Contract Administrator.

Closure of a Ferry Terminal while a ferry carrying passengers is on-route to the terminal is not permitted regardless of the time of day.

Holiday Restrictions

Ferry terminal closures for construction shall not be carried out on the following Canadian or U.S. (as applicable) Statutory/Civic Holidays:

 Thanksgiving Weekend (October 10-12, 2015)

 Remembrance Day (November 11, 2015)

or after noon on days which precede holiday weekends. These days are:

 Friday, October 9, 2015

 Tuesday, November 10, 2015

Verification of Completion of Work at End of Night-time Closures

Prior to reopening the ferry terminal to operation at the conclusion of each night-time work closure, the Contractor’s designated Quality Verification Engineer(s) shall verify that:

1. The work planned for the night-time closure has been completed in conformance with the applicable sealed and signed shop details and erection drawings, the Contract Documents and the Contractor’s work schedule.

2. The operation of the dock and temporary/permanent fendering is sound and safe to resume normal operation.

The Quality Verification Engineer(s) shall provide the Contract Administrator with a Certificate of Conformance once the verification is completed after each night-time work closure.

Working During the Day

The Contractor is permitted to work during the day as long as it doesn’t interfere with the ferry operation.

Penalty for Early Closing

On each occasion when the Contractor closes the ferry terminals earlier than the specified times, the Contract Administrator will assess the Contractor an initial penalty of $2500.

Thereafter, a further penalty of $1000 per minute will be assessed against the Contractor for every minute outside the permitted closure window that the ferry terminals are not open and in operation. The Contract Administrator will be the sole judge of the length of time of the delay.

Penalty for Late Opening

On each occasion when the Contractor fails to reopen the ferry terminals to full operation by the specified time, the Contract Administrator will assess the Contractor an initial penalty of $2500.

After an initial period of fifteen (15) minutes, a further penalty of $1000 per minute will be assessed against the Contractor for every additional minute that the ferry terminals are not open and in operation. The Contract Administrator will be the sole judge of the length of time of the delay.

Closure Notification

Prior to the Contractor closing a ferry terminal for night-time work, the Contractor shall:

1. Inform the Contract Administrator, the County Ferry Operator, and the Township Ferry Operator of any closure, 1 week prior to the start date of the closure.

2. Inform the Contract Administrator, the County Ferry Operator, and the Township Ferry Operator of emergency closures as soon as any details are known.

3. Inform the Contract Administrator, the County Ferry Operator, and the Township Ferry Operator of any closure that is being cancelled within one (1) hour of the decision to cancel the closure. Such notifications shall be made by email or facsimile transmittal.

The Contract Administrator will provide contact information for the County Ferry Operator and the Township Ferry Operator to the successful bidder.

Basis of Payment

Section 706.10 of OPSS 706 is amended in that payment for all costs associated with the ferry terminal closures stipulated above is deemed to be included in the specific items of work of this contract and no additional payment will be made.

MTO Contract #2015-4282; Tender #OSS_00544454 Rehabilitation of the Howe Island Ferry Terminals Page 54 of 91 AMENDMENT TO THE MTO GENERAL CONDITIONS OF CONTRACT, APRIL 2010

Special Provision No. 100F28 May 2010

Property, Aircraft and Watercraft, Boiler, and Equipment Insurance

Subsection GC 6.03 is amended by the addition of the following:

Aircraft and Watercraft Liability Insurance

Aircraft and watercraft liability insurance with respect to owned or non-owned aircraft and watercraft if used directly or indirectly in the performance of the Work, including use of additional premises, shall be subject to limits of not less than five million dollars ($5,000,000) inclusive per occurrence for bodily injury, death, and damage to property including loss of use thereof, and limits of not less than five million dollars ($5,000,000) for aircraft passenger hazard. Such insurance shall be in a form acceptable to the Owner. The policies shall be endorsed to provide the Owner with not less than thirty (30) days' written notice in advance of cancellation, change or amendment restricting coverage.

Contractors' Equipment Insurance

.01 All risks Contractors' equipment insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the Insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than thirty (30) Days' written notice in advance of cancellation, change or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance of the Contractor's equipment, the Owner agrees to waive the equipment insurance requirement, and for the purpose of this Contract, the Contractor shall be deemed to be insured. This policy shall be amended to provide permission for the Contractor to grant prior releases with respect to damage to the Contractor's equipment.