Highway Maintenance Agreement. Service Area 11

Transcription

1 Highway Maintenance Agreement Service Area 11 DISCLAIMER: The supplied materials are for informational purposes only and are not intended as legal advice or to meet your or any particular need. The Province does not make any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the materials or the content of the materials provided. Use of the materials is at your sole risk. Under no circumstances, including, but not limited to, negligence and negligent misrepresentation will the Province, and its employees, servants, consultants and contractors be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of any content, information, or material attached hereto.

2 HIGHWAY MAINTENANCE AGREEMENT SERVICE AREA 11 THIS AGREEMENT dated for reference the day of, 20. BETWEEN: AND: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Minister Responsible for the Transportation Act (the (the "Contractor") HIGHWAY MAINTENANCE AGREEMENT R5.5 - SA 11

3 TABLE OF CONTENTS ARTICLE NO. NAME PAGE NO. 1. DEFINITIONS REPRESENTATIONS AND WARRANTIES APPOINTMENT, TERM AND CONDITIONS PRECEDENT LEGAL RELATIONSHIP INDEPENDENT CONTRACTOR SERVICES CHANGES TO INFRASTRUCTURE WITHIN SERVICE AREA CHANGES TO MAINTENANCE SERVICES MATERIALS, LICENSES AND REPEATER SYSTEM INSURANCE AND BONDS DAMAGE TO GOVERNMENT PROPERTY CONTRACTOR'S COVENANTS ANNUAL PRICE AND FEES PUBLIC ANNOUNCEMENTS AND FREEDOM OF INFORMATION ASSIGNMENT, SUBCONTRACTING AND HIRED EQUIPMENT RECORDS AND REPORTS FINANCIAL AUDIT QUALITY MANAGEMENT SYSTEM DEFAULT AND REMEDIES DISPUTE RESOLUTION FORCE MAJEURE NOTICES INDEMNITY JOINT AND SEVERAL LIABILITY RE JOINT VENTURES MISCELLANEOUS INTERPRETATION HIGHWAY MAINTENANCE AGREEMENT R5.5 - SA 11

4 ii SCHEDULES 1 Bonds Performance Bond (Specimen) Labour & Material Bond (Specimen) 2 Annual Adjustment Process 3 Maintenance Services Fee 4 Contractor Detail 5 Quantified Maintenance Services 6 Service Area 7 Rates for Changes to Infrastructure 8 Infrastructure 9 Equipment Requirements 10 Gravel License 11 Dispute Resolution Protocol 12 Commercial Vehicles Permit Agreement (Specimen) 13 Insurance Requirements 14 Cost Plus Rates 15 Automated Weather Stations 16 Maintenance Specifications 17 Local Area Specifications 18 Additional Maintenance Services 19 Privacy Protection 20 Prime Contractor Designation 21 Repeater System HIGHWAY MAINTENANCE AGREEMENT R SA 11 ii

5 HIGHWAY MAINTENANCE AGREEMENT SERVICE AREA 11 THIS AGREEMENT dated for reference the day of, 20. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Minister Responsible for the Transportation Act (the "Province") (the "Contractor") WHEREAS: A. The Province has agreed to appoint and retain the Contractor to provide certain highways maintenance services; and B. The Contractor has agreed to provide such services for the Province on the terms of this Agreement. NOW THEREFORE in consideration of the premises and the covenants, agreements, representations, warranties and payments hereinafter contained the parties agree as follows: 1. DEFINITIONS 1.1 In this Agreement, unless the context otherwise requires: (a) "Additional Maintenance Services" means the same as it is defined in Schedule 18 ( Additional Maintenance Services ); (b) (c) "Adjusted Annual Price" means the sum payable by the Province to the Contractor (exclusive of GST and inclusive of all other applicable taxes, duties and other charges), in consideration for the provision of Maintenance Services during a Contract Year subsequent to the First Contract Year. It is calculated with the Annual Price, and thereafter with the Adjusted Annual Price from the immediately preceding year, all in accordance with the Annual Adjustment Process and, as that sum may be adjusted during a Contract Year in accordance with Articles 6 or 7; "Anniversary Date" means September 1, 2017, and each anniversary thereafter; HIGHWAY MAINTENANCE AGREEMENT R SA 11 1

6 (d) (e) (f) (g) (h) (i) (j) "Annual Adjustment Process" means the annual adjustment process described in Schedule 2 ( Annual Adjustment Process ); "Annual Price" means the First Contract Year Price or the Adjusted Annual Price, as the context requires, expressed for a 365 day time period (exclusive of GST and inclusive of all other applicable taxes, duties and other charges) for a particular Contract Year. For greater clarity, the QMS Payment is part of the Annual Price; "Appropriation" has the same meaning as given it under section 1 of the FAA; "Automated Weather Stations" means the same as in Schedule 15 ( Automated Weather Stations ); "Bonds" means the performance bond and labour and material payment bond as set out in Schedule 1 ( Bonds ), includes any additional or replacement bond and any agreement extending or amending any bond as referenced in Article 9 and each issued by a surety company acceptable to the Minister; "Claim" means any demand, commencement of legal proceedings, settlement discussions or alternative dispute resolution mechanisms and any termination, suspension, abandonment, discontinuance, appeal or review thereof; "Class" and "Classification" mean, without limiting the discretion of the Minister in section 6.2, (i) summer classification of Highways is as follows: Classification A.D.T. (average daily traffic) Class Vehicles per Day 1 over 10, ,000-10, ,000-5, , * * highway typically without a constructed road but for which the maintenance responsibilities exist for such things as Danger Tree removal and drainage, and which may also have other improvements to maintain such as pedestrian and bicycle paths. *Highways Classed 6 or 7 with heavy industrial use will be increased one Class. HIGHWAY MAINTENANCE AGREEMENT R SA 11 2

7 (ii) winter classification of Highways is as follows and is generally based on but not limited to the following: Class A B C D E F Classification Definition high volume traffic (over 5,000 winter average daily traffic count) or commuter routes and certain expressways and freeways through mountain passes. For the purposes of Classification, a freeway is a multi-lane highway with fully controlled access. Class A are heavy commuter traffic routes extended to include the bulk of vehicles commuting daily to a center and cut-off where traffic drops below a 2,500 winter average daily traffic count. These include but are not limited to high volume ski hill and commuter routes. trunk and main routes (or portion thereof as designated by the Province) not included in Class A, with a cut-off traffic volume of 1,000 winter average daily traffic count. These include but are not limited to lower volume ski hill and commuter routes. school bus routes and industrial (truck) traffic routes (more than 25% trucks) not included in Class A and B. other regularly maintained winter routes. other irregularly maintained winter routes. highways not maintained in the winter, or not open, or not maintained by the Contractor. (iii) classification of Rest Areas is as follows: Class Definition Rest Area Classification A B C A major full service facility, containing a large, permanent building with sinks, usually with nine or more flush or composting toilets, power, and illumination of pedestrian and/or parking facilities. These sites may also contain a tourist information facility operated by others. A moderate sized facility containing a permanent building, usually with four or more flush or composting toilets. A small facility containing one or more one-person structures with pit or chemical toilet facilities. (k) "Commencement Date" means September 23, 2016; (l) "Commercial Vehicles Permit" means the agreement described in Schedule 12 ( Commercial Vehicles Permit ) entered into by the Contractor and the Province effective on the Commencement Date; (m) "Contract Month" means a calendar month except for the first contract month which will be from September 23, 2016 to October 31, 2016; HIGHWAY MAINTENANCE AGREEMENT R SA 11 3

8 (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) "Contract Year" means, except for the First Contract Year, a period of 12 consecutive months during the Term, commencing on the Anniversary Date and continuing for each 12 consecutive calendar months thereafter. For greater certainty, reference in this Agreement to a Contract Year may also refer to the First Contract Year, as the context requires or unless stated otherwise in the provision; "Contractor" "Contractor Assessment Program" or "CAP" means a discretionary program whereby the Minister rates the Contractor s performance under this Agreement pursuant to the Ministry s Quality Plan and Contractor Assessment Program Manual; "Controlled Persons" means the Contractor's subcontractors, representatives, employees, agents, management, shareholders, directors and suppliers; "Cost Plus Rates" means the rates described in Schedule 14 ( Cost Plus Rates ); "Daily Price" means, in respect of a particular Contract Year, the Annual Price or Adjusted Annual Price for that Contract Year divided by the total number of days in that Contract Year (representing the per diem costs to the Province of the Contractor providing the Maintenance Services during that Contract Year, less the paid QMS Payment portion of the Annual Price or Adjusted Annual Price); "Damage to Government Property" means damage to Infrastructure caused by motor vehicles, acts of vandalism, or other acts of a third party and does not include damage caused by a Major Event; "Damage to Government Property Claim" means the mechanism through which the Contractor makes an application to the Province for recovering the cost of repairing Damage to Government Property; "Dispute Resolution Protocol" means the dispute resolution protocol attached as Schedule 11 ( Dispute Resolution Protocol ); Equipment Requirements means the standards for the Contractor s equipment as described in Schedule 9 ( Equipment Requirements ); (x) "Event of Default" means any event described in section 18.1; (y) "Expiry Date" means August 31, 2023; (z) (aa) "FAA" means the Financial Administration Act, R.S.B.C. 1996, c.138, as amended from time to time; "First Contract Year" means September 23, 2016 to August 31, 2017, being a period of 342 days; (bb) "First Contract Year Price" means the sum of $@ payable by the Province to the Contractor (exclusive of GST and inclusive of all other applicable taxes, duties and other charges) in consideration for the provision of Maintenance Services that is for a 342 day HIGHWAY MAINTENANCE AGREEMENT R SA 11 4

9 period, and as that sum may be further adjusted during that First Contract Year in accordance with Articles 6 and 7; (cc) "Force Majeure" means: (i) (ii) acts of God, wars (declared or undeclared), revolutions, riots, insurrections, lockouts, or strikes, provided that any such event is a major disabling event or circumstance in relation to the normal operations of the party directly affected as a whole, which is beyond the reasonable control of that party and results in a material delay, interruption or failure by that party in carrying out its duties, covenants or obligations under this Agreement, provided always that lack of money, financing or credit to resolve such contingencies will not be deemed an event of Force Majeure; and for the purposes of section 20.3, the failure by the Contractor to obtain or maintain in force commercial general liability insurance as described in Article 9, provided that: A. the Contractor has used its best efforts to obtain the insurance; B. the Contractor s failure to retain the insurance, that is in place, is not due to the Contractor s breach of the terms of an existing insurance contract placed in compliance with Article 9; C. the Contractor s failure to obtain the insurance does not occur as a result of the Contractor s lack of money, financing or credit or due to the Contractor s performance record under this Agreement; and D. the Province and the Contractor have not resolved the issue of the Contractor s failure to obtain insurance in a manner that is acceptable to both of them. (dd) (ee) (ff) (gg) "Government Property" means all Infrastructure that the Contractor is obligated to replace, repair or maintain under this Agreement; "Granular Material" means processed pit-run aggregate, winter abrasive (with or without salt or other chemical deicers), crush, sealcoat and any other aggregate used for maintenance of highways which may be processed from Pit Run and includes any byproducts resulting from the processing of Pit Run; "Gravel License" means the license described in Schedule 10 ( Gravel License ) to enter on and occupy the Gravel Pits in order to process, store and remove "Material", as defined in the Gravel License, for the purposes of this Agreement; "Gravel Pits" means the same as it is defined in the Gravel License; (hh) "GST" means the Goods and Services Tax imposed under the Excise Tax Act, R.S c. E-15 as amended from time to time, and the regulations prescribed thereunder; HIGHWAY MAINTENANCE AGREEMENT R SA 11 5

10 (ii) "Highways" means all highways as defined in the Transportation Act, S.B.C c. 44, and all provincial public undertakings as defined in that Act, that are under the administration of the Minister or that are by arrangement maintained by the Province and includes: (i) (ii) (iii) (iv) (v) ancillary features, excavations, embankments and improvements reasonably related to the operation of highways or provincial public undertakings; licenses, properties, rights of way and easements ancillary to such highways existing as of the date of this Agreement; highways that may be amended, added, deleted or changed in Classification in accordance with Article 6; highways described in Schedule 8 ( Infrastructure ); and highways that are vested in a Municipality (as that term is defined in the Local Government Act), at the discretion of the Minister and on written notice from the Minister to the Contractor; but for the purposes of this Agreement highways designated as Class 8 or Class F are excluded from the meaning of Highways; (jj) (kk) (ll) (mm) (nn) (oo) (pp) "Infrastructure" means Highways, Structures and Rest Areas; "Insurance Premium Quote" means $@; Lump Sum Item means an item of Quantified Maintenance Services identified in Appendix A of Schedule 5 ( Quantified Maintenance Services ) by the notation L.S. in the column entitled Lump Sum; Lump Sum Value means the individual amount negotiated in the Contract Year between the parties for each Lump Sum Item identified in Appendix A of Schedule 5 ( Quantified Maintenance Services ) and will be adjusted annually by Schedule 2 ( Annual Adjustment Process ) all in accordance with the terms of this Agreement; "Major Event(s) includes a flood, landslide, land subsidence, ice jam, wind event, dam failure, earthquake, tsunami or volcanic eruption; Maintenance Services" means the provision of all labour, materials and equipment for the purpose of providing the maintenance services described as such in Schedule 16 ( Maintenance Specifications ), and Schedule 17 ( Local Area Specifications ) as those maintenance services may be changed from time to time in accordance with Article 7 and includes Quantified Maintenance Services and Routine Maintenance Services; "Minister" means the member of the Executive Council of the Province who is charged with the administration of the Transportation Act, S.B.C c. 44 and includes the Minister's deputy and any person authorized to act for or on behalf of either of them with respect to any matter under this Agreement; HIGHWAY MAINTENANCE AGREEMENT R SA 11 6

11 (qq) (rr) (ss) (tt) (uu) (vv) (ww) (xx) (yy) (zz) (aaa) (bbb) (ccc) (ddd) (eee) "Ministry" means the Ministry of Transportation and Infrastructure; "Non-Conformance Reports" means those reports issued in writing by either the Minister or the Contractor which document the Contractor s failure to comply with the Contractor s covenants in this Agreement; "OHS Regulation" means the British Columbia Regulation 296/97 entitled Occupational Health and Safety Regulation, as it may be amended from time to time; "Pit-Run" means pit-run granular aggregate without further processing, naturally occurring broken rock or in situ rock excavated (including blasting) from a Gravel Pit; "Prime Contractor" means the prime contractor as defined in the Workers Compensation Act R.S.B.C. 1996, c. 492; "Province" means Her Majesty the Queen in right of the Province of British Columbia as represented by the Minister Responsible for the Transportation Act and her agents, servants, representatives, contractors and employees; "QMS Payment" means the sum of $100, that is included in the Annual Price but is paid separately in accordance with Schedule 3 ( Maintenance Services Fee ); "Quality Management System" or "QMS" means the quality management system developed by the Contractor as revised from time to time; Quantified Maintenance and "Quantified Maintenance Services" means those quantified maintenance services described as such in the Specifications and classified by work activity in Schedule 5 ( Quantified Maintenance Services ); "Quantified Work Plan" means an annual plan that apportions on a monthly basis the work described in Schedule 5 ( Quantified Maintenance Services ); Rates for Changes to Infrastructure means the daily rate used to calculate the cost or change in the cost of additions, deletions and changes to Classifications of Highways, Rest Areas and bridge decks pursuant to Schedule 7 ( Rates for Changes to Infrastructure ); "Recovered Amount" means an amount recovered by the Minister in respect of a Claim relating to Damage to Government Property; Repeater System means the mountain-top radio equipment, control console equipment, telecommunications circuits, satellite back-up systems and control room operating staff provided by the Province; "Rest Area(s)" means a roadside development for use by the travelling public that has washrooms, litter receptacles and often has other facilities; "Revised Daily Price" means, in respect of a particular Contract Year, the revised daily price to the Province of the Contractor providing the Maintenance Services during that HIGHWAY MAINTENANCE AGREEMENT R SA 11 7

12 Contract Year as calculated from time to time by the Minister pursuant to subsection 6.5(b); (fff) (ggg) (hhh) (iii) (jjj) (kkk) (lll) RFP means the document package titled HMA R5.5 SA 11 and published by the Province on BC Bid for the Highway Maintenance Services for Service Area. 11; "Routine Maintenance and Routine Maintenance Services" means those routine maintenance services described as such in the Specifications; Routine Maintenance Services Cap(s) means the maximum value of the work for specific Routine Maintenance Services as set out in the Specifications; "RWIS Material" means the same as in Schedule 15 ( Automated Weather Stations ); "Safety Program" means an occupational health and safety program described in the Workers Compensation Act and the OHS Regulation; "Services" means the services to be provided by the Contractor to the Province as described in Article 5 and includes Maintenance Services and Additional Maintenance Services; "Service Area" means the area described in Schedule 6 ( Service Area ); (mmm) "Specifications" means the Maintenance Specifications described in Schedule 16 ( Maintenance Specifications ) or the Local Area Specifications described in Schedule 17 ( Local Area Specifications ) or both as the context requires; (nnn) (ooo) (ppp) (qqq) (rrr) "Structure(s)" means a bridge, a retaining wall greater than two (2) metres in height, a culvert greater than three (3) metres in diametre, a tunnel, or a sign bridge, as the context requires; "Term" means a period of six (6) years and 342 days and subject to earlier termination pursuant to Article 18; Total Lump Sum Value means the total value of all Lump Sum activities pursuant to Appendix A of Schedule 5, and as may be adjusted annually by Schedule 2 ( Annual Adjustment Process ) and in accordance with the terms of this Agreement; "Unit Price" means the individual amount as bid by the Contractor in its proposal to the RFP for each Unit Price Item identified in Appendix A of Schedule 5 ( Quantified Maintenance Services ) and will be adjusted annually in accordance with the terms of this Agreement; Unit Price Item means an item of Quantified Maintenance Services having a numeric entry in the Unit Price column in Appendix A of Schedule 5 ( Quantified Maintenance Services ) and is thus is not identified as a Lump Sum Item in Schedule 5 ( Quantified Maintenance Services ) HIGHWAY MAINTENANCE AGREEMENT R SA 11 8

13 (sss) "Work Order(s)" means a written order by the Minister prepared on the Additional Maintenance Services Approval Form H0200, requiring the Contractor to do Additional Maintenance Services pursuant to Schedule 18 ( Additional Maintenance Services ); (ttt) "Workers Compensation Act" means the Workers Compensation Act, R.S.B.C. 1996, c. 492, as amended from time to time, and the regulations prescribed thereunder; (uuu) (vvv) "Working Day" means any day which is not a Saturday, a Sunday or a day on which Provincial government offices are closed in British Columbia; and All other capitalized terms and phrases will have the meaning attributed in the Specifications, unless otherwise referring to a specific document or publication. 2. REPRESENTATIONS AND WARRANTIES 2.1 The Contractor represents and warrants to the Province with the knowledge and intent that the Province will rely thereon in entering into this Agreement, that on the execution of this Agreement and at all times thereafter during the Term that: (a) (b) (c) (d) (e) (f) (g) it is a corporation duly organized and validly existing under the laws of British Columbia, under the Business Corporations Act (Canada) or under the laws of any other province or state in which case it is registered extra-provincially in British Columbia; it is in good standing with respect to the filing of annual reports according to the records of the Office of the Registrar of Companies of British Columbia; it has the full authority, power and capacity to enter into and to carry out the transactions contemplated by this Agreement and all other documents, instruments and agreements required to be executed and delivered by the Contractor pursuant to or in connection with this Agreement, and to observe, perform and comply with the terms of this Agreement; all necessary proceedings have been taken and done to authorize the execution and delivery of this Agreement by the Contractor; this Agreement has been legally and properly executed by the Contractor and is legally binding upon and enforceable against the Contractor in accordance with its terms; this Agreement and the Commercial Vehicles Permit, have been duly authorized by all necessary corporate action of the Contractor and that they are valid, subsisting and legally binding upon and enforceable against the Contractor in accordance with their terms; all information, statements, documents and reports furnished or submitted by the Contractor to the Province in connection with this Agreement, and any other agreement referred to in subsection 2.1(f) are true, accurate and correct in all respects and remain correct and accurate in all respects and do not omit any information required to make such statements, representations and information not misleading when taken as a whole; HIGHWAY MAINTENANCE AGREEMENT R SA 11 9

14 (h) (i) it has no knowledge of any fact that materially adversely affects or, so far as it can foresee, might materially adversely affect its properties, assets, condition (financial or otherwise), business or operations or its ability to fulfill its obligations under this Agreement, including to observe, perform and comply with the terms of this Agreement; the entry into, observance and performance of the terms and conditions of this Agreement, or any other agreement referred to in subsection 2.1(f), do not and will not conflict with any document which is binding upon it or any of its assets to the extent that such conflict would have or be reasonably likely to have a material adverse effect on the performance by the Contractor of its obligations under this Agreement and do not and will not constitute a breach by it or a default by it under: (i) (ii) (iii) any statute, regulation or bylaw of Canada or of the Province of British Columbia applicable to or binding on it; its constating documents; or any contract or agreement to which it is a party or any document which is binding upon it; (j) the authorized share capital of the Contractor, if applicable, is as disclosed in Schedule 4 ( Contractor Detail ); (k) (l) (m) (n) (o) (p) (q) the effective control and the direct, indirect legal or beneficial ownership of all of the authorized, issued and outstanding voting shares of the Contractor, if applicable, is as disclosed in Schedule 4 ( Contractor Detail ); there are no agreements, options or rights of any kind held by any person with respect to any of the voting shares of the Contractor, if applicable, except as disclosed in Schedule 4 ( Contractor Detail ); the Contractor has good safekeeping, marketable title to and possession of all its assets, free and clear of all liens, charges or encumbrances except those disclosed in Schedule 4 ( Contractor Detail ); the Contractor is not a party to, and to its knowledge is not threatened with, any litigation or claim that would materially affect its undertaking or financial condition or its ability to fulfil its obligations under this Agreement; there are no liabilities of the Contractor, contingent or otherwise, that are not disclosed or reflected in Schedule 4 ( Contractor Detail ) herein except those incurred in the ordinary course of its business; if the Contractor is a partnership, then the identification of all of the partners of the partnership and their respective interests in the partnership are as disclosed in Schedule 4 ( Contractor Detail ); if the Contractor is a partnership or joint venture and if any of the partners or venturers of the partnership are corporate entities, then: HIGHWAY MAINTENANCE AGREEMENT R SA 11 10

15 (i) (ii) Schedule 4 ( Contractor Detail ) discloses the authorized capital of each corporate partner or corporate joint venturer, the legal and beneficial ownership and effective control of the authorized, issued and outstanding voting shares of each corporate partner or corporate joint venturer, and any agreements, options or rights of any kind held by any person with respect to any voting shares of each corporate partner or corporate joint venturer; and the representations and warranties required under the other paragraphs of section 2.1 with respect to a Contractor which is a joint venture or partnership are true for each corporate venturer or partner; (r) (s) (t) (u) (v) (w) the Contractor has filed all tax, corporate information and other returns, required to be filed by the laws of British Columbia, Canada and any other jurisdiction where it is required to file such returns, and has complied with all workers compensation legislation and other similar legislation to which it may be subject and has paid all taxes, fees and assessments calculated to be due by the Contractor under those laws as of the date of this Agreement; the Contractor is not in breach of any statute, regulation or bylaw applicable to the Contractor or its operations or to its performance of its obligations under this Agreement, including its observance, performance and compliance with the terms of this Agreement; the Contractor holds all permits, licences, consents, agreements and authorities issued by any federal, provincial, regional or municipal government or an agency of any of them or by any third parties for the execution by the Contractor of this Agreement or for the performance of its obligations under this Agreement or that are necessary in connection with the operations of the Contractor; the making of this Agreement, and the performance of and compliance with the terms of this Agreement does not conflict with and will not result in a breach of, or constitute a default under, the memorandum or articles of the Contractor or the acceleration of any indebtedness under, any terms, provisions or conditions of, any indenture, mortgage, deed of trust, agreement, security agreement, license, franchise, certificate, consent, permit, authority or other instrument to which the Contractor is a party or is bound or any judgment, decree, order, rule or regulation of any court or administrative body by which the Contractor is bound or, to the knowledge of the Contractor, any statute, regulation or bylaw applicable to the Contractor; it has no knowledge of any untrue or incorrect representation or assurance, whether verbal or written, given by the Contractor, its directors or officers to the Province in connection with this Agreement; it has and will maintain at all times sufficient qualified, trained and experienced staff, and the necessary labour, facilities, financial, insurance, bonding and security arrangements, materials, appropriate equipment and subcontractual agreements and hired equipment contracts in place and available to fully observe, comply with and perform this Agreement including the Services and to ensure and enable such observance, compliance and performance of this Agreement; HIGHWAY MAINTENANCE AGREEMENT R SA 11 11

16 (x) the Contractor has independently reviewed, inspected, examined and assessed and is knowledgeable of and has satisfied itself, including by obtaining all necessary information and documentation and professional advice as to: (i) (ii) all labour relations issues related to this Agreement; and Infrastructure and their surroundings and conditions, and all existing improvements and works (including works carried out or to be carried out by third parties including other governmental agencies, contractors of the Province and local governments in the Service Area) in, on, over or under such Infrastructure and the Services including all conditions, constraints, restrictions, requirements, factors, contingencies and risks relating or necessary to, affecting or that may affect the provision of the Services under and in accordance with this Agreement; (y) (z) the Contractor is not currently subject to any charge, conviction, ticket, notice of defect or non-compliance, work order, pollution abatement order, pollution prevention order, remediation order or any other order or proceeding under any environmental laws that might reasonably be expected to have a material adverse effect on the performance by the Contractor of its obligations under this Agreement; and it has received from the Province and reviewed Schedule 16 ( Maintenance Specifications ) and Schedule 17 ( Local Area Specifications ). 2.2 All representations, warranties, covenants and agreements made in this Agreement and all certificates and other documents delivered by, or on behalf of, the Contractor are material and will conclusively be deemed to have been relied upon by the Province, notwithstanding any prior or subsequent assessment, review, consideration or investigation by the Province or any information, statements, documents, plans or reports furnished or submitted by the Contractor to the Province, prior to or subsequent to the Province entering into this Agreement. 2.3 All statements contained in any certificate or other document delivered by or on behalf of the Contractor to the Province under this Agreement or in connection with any of the transactions contemplated by this Agreement will be deemed to be representations and warranties of the Contractor under this Agreement. 2.4 The provisions of sections 2.1 and 2.2 will continue in full force and effect notwithstanding the fulfillment by the Contractor of any or all of its obligations under this Agreement or the payment by the Province to the Contractor of any or all of the monies that the Province becomes liable to pay to the Contractor pursuant to this Agreement. 3. APPOINTMENT, TERM AND CONDITIONS PRECEDENT 3.1 The Province retains the Contractor to provide the Services in accordance with the terms of this Agreement. 3.2 The Contractor will provide the Services during the term of this Agreement which term will, notwithstanding the date of execution and delivery of this Agreement, be deemed to commence on the Commencement Date and will end on the Expiry Date or such date of earlier termination as HIGHWAY MAINTENANCE AGREEMENT R SA 11 12

17 may be established in accordance with Article 18 or any other termination provisions of this Agreement. 3.3 The Province will be under no obligation to renew, extend or renegotiate the terms of this Agreement following its termination or expiration. 3.4 The Province s obligations under this Agreement are subject to the following conditions precedent: (a) (b) (c) (d) the Contractor s fulfillment of its obligations included in section 9.2 on or before the 30th day prior to the Commencement Date; the Contractor s fulfillment of its obligations included in section 9.13 on or before the 30 th day prior to the Commencement Date; the Contractor s fulfillment of its obligations included in the RFP section 17 on or before the Commencement Date; and the Contractor providing written confirmation, on the 30th day prior to the Commencement Date, in a form satisfactory to the Minister, that all of the representations and warranties included in Article 2 are true and accurate as of the date of the confirmation. The foregoing conditions will be satisfied by the Contractor, on written notice to the Province, or waived by the Province, on written notice to the Contractor, to be received on the dates specified for performance, failing which this Agreement will be terminated without prejudice to the rights and remedies of the Province, this Agreement, at law and in equity. The foregoing conditions are included for the sole benefit of the Province and may be unilaterally waived by the Province at any time prior to the dates specified for satisfaction of the conditions. 4. LEGAL RELATIONSHIP INDEPENDENT CONTRACTOR 4.1 The Contractor is an independent contractor and not the servant, employee, partner or agent of the Province or the Minister. 4.2 The Contractor will not, in any manner whatsoever, commit or purport to commit the Province or the Minister to the payment of any money to any person. 4.3 The Minister may, from time to time, give such instructions to the Contractor as the Minister considers necessary in connection with provision of the Services, which instructions the Contractor will comply with, but the Contractor will not be subject to the control of the Minister with respect to the manner in which such instructions are carried out. 4.4 No partnership, joint venture or agency will be created or will be deemed to be created by this Agreement or any action of the parties under this Agreement. 4.5 The Contractor is the Prime Contractor in connection with the provision of the Services and this Agreement, and will, no later than 15 days after the Commencement Date, deliver written notice to the Province: HIGHWAY MAINTENANCE AGREEMENT R SA 11 13

18 (a) (b) (c) of the name of the person appointed by the Contractor who will discharge the responsibilities of a qualified coordinator as described in the OHS Regulation and the Workers Compensation Act, for the Contractor; confirming that the Safety Program has been initiated and is readily available in accordance with the Workers Compensation Act and the OHS Regulation, in connection with this Agreement; and the Contractor will be responsible for compliance with all conditions and regulations under the Workers Compensation Act, and for all assessments and levies which may be made thereunder. 4.6 Notwithstanding section 4.7, the Contractor will not be designated as the Prime Contractor in the event the Services being rendered by the Contractor are within the limits of construction of an ongoing highway construction improvement project, in which case the construction contractor is designated by the Province as the Prime Contractor and the reporting protocol as between the Contractor, the construction contractor and the Province is set forth in Schedule 20 ( Prime Contractor Designation ). 4.7 The Minister may, from time to time: (a) (b) on prior written notice to the Contractor, appoint a contractor other than the Contractor as the Prime Contractor in connection with works and activities that may be undertaken and performed at any location or locations in the Service Area, for a period of time, and such works and activities, location(s), and period(s) of time will be specified and defined by the Minister in the written notice; and on conclusion of the works and activities referenced in subsection 4.7(a), deliver written notice to the Contractor of the conclusion of such works and activities and, upon receipt of such notice the Contractor will resume the responsibilities of the Prime Contractor in connection with the Services and the Agreement at the applicable location. 5. SERVICES 5.1 The Contractor will provide Maintenance Services to the Province, on or in respect of all Highways within the Service Area and will identify, prioritize and plan the Maintenance Services, all in accordance with the terms and conditions of this Agreement. 5.2 The Contractor will provide Additional Maintenance Services to the Province in accordance with Schedule 18 ( Additional Maintenance Services ). 6. CHANGES TO INFRASTRUCTURE WITHIN SERVICE AREA 6.1 The Province may, in its sole discretion, for any purpose whatsoever, including without limitation, in connection with the commencement, completion, suspension, or administration, of construction or improvement projects relating to one or more of the Highways or portions thereof: HIGHWAY MAINTENANCE AGREEMENT R SA 11 14

19 (a) (b) on one day's written notice to the Contractor, add Infrastructure within the Service Area which was created by the deposit of a plan under the Land Title Act, R.S.B.C. 1996, c. 250 or by any other means under the Land Act, R.S.B.C. 1996, c. 245; or on 30 days' written notice to the Contractor, make an addition or deletion to, or change the Classifications within the Service Area other than as provided for under subsection 6.1(a); and the Contractor will perform the Services required with respect to the changes to Infrastructure. The Province will amend Schedule 8 ( Infrastructure ) to reflect the notices provided pursuant to subsections 6.1(a) and (b) and deliver it to the Contractor, on an annual basis. 6.2 The Classifications are at the sole discretion of the Minister, and amendments to the Classifications may be made from time to time during the Term in accordance with Article Notwithstanding any other provision of this Agreement, the Contractor will not be entitled to any additional compensation in any form whatsoever, nor will the compensation payable hereunder be reduced, as a result of the changes referred to in a notice delivered under section 6.1, unless the cumulative net change in the Daily Price for the then current Contract Year, determined in accordance with section 6.5 and Schedule 7 ( Rates for Changes to Infrastructure ), exceeds 2%, positive or negative, as calculated by the Minister in accordance with section 6.5, and in such case, the fees payable pursuant to section 12.1 and that portion of the Annual Price attributable to the remainder of that Contract Year, will be adjusted by the change in the Daily Price determined by the Minister under section 6.5, from the effective date of the latest change made pursuant to section 6.1 to the end of that Contract Year. 6.4 If the fees payable to the Contractor under section 12.1 for a particular Contract Year are adjusted pursuant to section 6.3, then: (a) (b) the Contractor will not be entitled to any additional compensation in any form whatsoever, nor will the compensation payable hereunder be reduced, as a result of the changes referred to in any further notice delivered under section 6.1 during that Contract Year unless the cumulative net change in the Revised Daily Price for that Contract Year (determined in accordance with section 6.5 and Schedule 7 ( Rates for Changes to Infrastructure ) exceeds 2%, positive or negative, as calculated by the Minister in accordance with section 6.5 and Schedule 7 ( Rates for Changes to Infrastructure ), and in each such case, the fees payable pursuant to section 12.1 and that portion of the Annual Price attributable to the remainder of that Contract Year, will be adjusted by the change in the Revised Daily Price determined by the Minister under section 6.5, from the effective date of the latest change made pursuant to section 6.1 to the end of that Contract Year; and each adjustment in compensation under section 6.3 and subsection 6.4(a) during a Contract Year will result in a new Revised Daily Price for that Contract Year, the quantities of Unit Price Items will be adjusted pro rata to reflect such additions, deletions or changes and the provisions of subsection 6.4(a) will apply to all subsequent changes made pursuant to section 6.1. HIGHWAY MAINTENANCE AGREEMENT R SA 11 15

20 6.5 The Minister will: (a) on or before the effective date of each notice delivered under section 6.1, complete the calculations in Schedule 7 ( Rates for Changes to Infrastructure ); (b) on or before the effective date of a change in compensation under sections 6.3 or 6.4, calculate a Revised Daily Price in accordance with Schedule 7 ( Rates for Changes to Infrastructure ); and (c) provide copies of the calculations to the Contractor forthwith. 6.6 The calculations of the Minister under section 6.5 will be final and binding on the parties under this Agreement. 6.7 If the Province gives any single notice under either subsection 6.1(a) or (b) which is calculated by the Minister to be an increase or decrease of the Daily Price or Revised Daily Price of the current full Contract Year by more than 3% the Minister will make and deliver the calculations as required in section 6.5 to effect a change in compensation to the Contractor. If the Contractor or the Minister is of the view that the compensation adjustment will not properly recognize the Contractor s altered circumstances which arise from the change in Infrastructure then: (a) (b) either the Province or the Contractor may within 30 days of delivery of the calculations under section 6.5, advise the other party in writing of its disagreement, specifying its reasons; and if the parties under this Agreement have not resolved, through consultation and negotiation, the disagreement disclosed under subsection 6.7(a), within 60 days of delivery of the notice under subsection 6.7(a), the unresolved issues may be referred by either party under this Agreement to arbitration pursuant to Article 19, and in determining that issue the arbitrator will take into consideration: (i) (ii) (iii) (iv) the increase/decrease in Maintenance Services relative to the amount of Maintenance Services prior to the increase/decrease; the practical effect of the change on the business operations of the Contractor, including direct cost changes (plus or minus) and the indirect costs of the significant change (plus or minus) in Maintenance Services arising as a result of a notice under section 6.1, without a corresponding reduction/increase in fixed and overhead costs; whether, in the aggregate, the change in compensation, as calculated under section 6.5, will result in an improvement or deterioration in the Contractor s financial condition; and the provisions of this Agreement. 6.8 The Contractor will be limited to the compensation adjustments, specified in sections 6.3, 6.4 and 6.7 and, the Contractor will not have any other remedies either in contract under this Agreement or for claims for damages in tort with respect to any notices issued under section 6.1. HIGHWAY MAINTENANCE AGREEMENT R SA 11 16

21 7. CHANGES TO MAINTENANCE SERVICES 7.1 In order to promote and enhance public safety and efficiency, the Contractor will: (a) (b) (c) in consultation with the Province, continually review and re-evaluate the Maintenance Services, including the methods, means, products and technology for provision of the Maintenance Services and in conducting that review will take into account changing methods, means, products and technology in the highways and bridge maintenance industry, changing economic and environmental conditions and changing public requirements; advise the Province if the Contractor considers that any part of the Maintenance Services, including the methods, means, products and technology for provision of any such part should be changed in a material way, and submit the proposed change to the Province for its consideration; and reasonably co-operate with the Province in tests to accommodate new maintenance, maintenance-related methods, means, products and technology for the provision of Maintenance Services. 7.2 The Minister may, in the Minister's sole discretion (whether pursuant to section 7.1 or on the Minister's own initiative) change the Maintenance Services whether by varying, amending or modifying the Maintenance Services, and/or changing the Maintenance Specifications by the delivery of a written notice to the Contractor specifying the change and the date by which the change is to be implemented by the Contractor and the Contractor will perform the Maintenance Services, as so changed. 7.3 When implementing the notice in section 7.2, in the event there is an impact to the net costs in material, equipment and labour, the Contractor will obtain the best value for money when procuring any work, services, supplies, materials or equipment and will hold itself to a standard for the procurement that is no less than good industry practice. 7.4 The parties under this Agreement acknowledge that not all notices under section 7.2 will result in a change to the Annual Price. 7.5 As a consequence of the notice under section 7.2, the Contractor will at its cost prepare and deliver to the Minister a change report within 30 days of the Contractor receiving the notice under section 7.2 that includes: (a) (b) the net amount for a full Contract Year of all cost changes (positive or negative), if any, in material, equipment and labour reasonably required to accommodate and implement the notice under section 7.2 in a cost effective manner and provide overall value to the Province; and sufficient relevant information and supporting documentation to enable the Minister to properly evaluate the compensation adjustment, if any, relating to the notice under section 7.2 including the supporting calculations. HIGHWAY MAINTENANCE AGREEMENT R SA 11 17

22 7.6 If the Minister agrees to adjust the Annual Price pursuant to the Contractor s change report the Minister may, at its discretion, prorate the adjustment if it is effective for a portion of the current Contract Year. The full value of the adjustment will be reflected in the next Annual Price. 7.7 If the Minister does not agree to the adjustment as identified in the Contractor s change report pursuant to section 7.5, then the Minister will provide written notice to the Contractor of the disagreement and the parties will make bona fide efforts to reach a consensus on the adjustment to the Annual Price. If the parties under this Agreement cannot reach a consensus within 30 days from the delivery of the Contractor s change report to the Minister, then the Minister will deliver a written notice to the Contractor within a further 7 days that: (a) (b) cancels the notice under section 7.2; or directs the Contractor to proceed with the notice under section 7.2 with the adjustment to the Annual Price to be determined by arbitration in accordance with section If the parties under this Agreement proceed to arbitration pursuant to section 7.7 and section 19.4 then the arbitrator in determining the issue, will take into consideration: (a) (b) (c) (d) service level changes relative to existing obligations; the practical effect of the change on the business operations of the Contractor; whether, in the aggregate, the change in compensation, as calculated by the change report, will result in an improvement or deterioration in the Contractor s financial condition; and the provisions of this Agreement. 7.9 The Contractor will not receive any adjusted payment during the arbitration process and the Minister will make an adjustment to the Annual Price or Adjusted Annual Price (as the case may be) based on the determination of the Arbitrator, effective from the date that the Contractor implemented the notice under section MATERIALS, LICENSES AND REPEATER SYSTEM 8.1 Any materials, equipment or improvements installed or deposited on the Infrastructure by the Contractor during the Term as part of the Services will immediately become the sole property of the Province and the Contractor will, at the request of the Minister, assign or transfer to the Province any warranties available with respect to the same. 8.2 Any materials, equipment or improvements installed or deposited on the Infrastructure which are: (a) (b) de-installed or removed from the Infrastructure by the Contractor during the Term in accordance with the Contractor's obligations under this Agreement; and damaged, deteriorated or otherwise not in compliance with the applicable manufacturers specifications or Maintenance Specifications such that they are no longer usable to perform the Services; HIGHWAY MAINTENANCE AGREEMENT R SA 11 18

23 will, upon their de-installation or removal, become the sole property of the Province, unless the Province directs to the Contractor that the Province will not retain them. 8.3 The Contractor may have access to and use the Repeater System for the sole purpose of performing the Services in accordance with this Agreement, including on the terms and conditions set out in Schedule 21 ( Repeater System ). 8.4 The Province grants to the Contractor a license to enter on and occupy the Gravel Pits during the Term, on the terms and conditions set out in the Gravel License and the Contractor will observe and comply with those terms and conditions. 9. INSURANCE AND BONDS Insurance 9.1 The Contractor will obtain at its sole cost and expense and maintain in good standing during the Term, insurance in such amounts, in such form of policy, containing such terms and against such risks all as may be acceptable to the Minister from time to time, acting reasonably, including but not in any way limited to the following insurance requirements set out below and in Schedule 13 ( Insurance Requirements ): (a) (b) (c) commercial general liability insurance providing coverage of not less than $10 million inclusive per occurrence for bodily injury, death and property damage and including loss of use of property, which may arise directly or indirectly out of the acts or omissions of the Contractor, or Subcontractors, including all persons, firms or corporations who perform any of the Services, or any of them, in any way relating to maintenance of Infrastructure within the Service Area or the performance of Services otherwise under this Agreement with the Province added as an additional insured in the manner specified in Schedule 13 ( Insurance Requirements ); automobile liability insurance in an amount not less than $10 million and automobile physical damage insurance including collision and comprehensive coverage, covering all automobiles and vehicles owned, rented or leased by the Contractor, that are required by law to be licensed; and equipment insurance covering all equipment owned, rented or leased (with policy limits and conditions that may be applicable to any rental or lease agreements) by the Contractor and utilized in the performance of the Services by the Contractor, or Subcontractors, including all persons, firms or corporations who perform any of the Services, or any of them, against "all risks" of loss or damage; and the terms of the foregoing insurance coverage will meet the insurance requirements in Schedule 13 ( Insurance Requirements ) and will be placed with an insurer or insurers acceptable to the Minister. 9.2 Evidence satisfactory to the Minister that the insurance required under section 9.1 has been obtained must be submitted by the Contractor to the Minister pursuant to Schedule 13 ( Insurance Requirements ) not later than the 30th day prior to the Commencement Date and the Contractor will, upon the request of the Minister made at any time or times, submit to the Minister evidence, satisfactory to the Minister, that the insurance remains in force and effect. HIGHWAY MAINTENANCE AGREEMENT R SA 11 19

24 9.3 The Contractor will ensure that the insurance described in section 9.1 may not be cancelled or materially changed in any way whatsoever without the insurer or insurers giving not less than 30 days prior written notice to the Province and if notice of cancellation or material change is given the Contractor s obligations under section 9.1 will continue in effect. 9.4 If any policy of insurance contains a co-insurance clause, the Contractor will maintain or cause to be maintained in force a sufficient amount of such insurance to meet the requirements of any such co-insurance clause so as to prevent the Minister, Ministry, or the Contractor from being a coinsurer under the terms of such policy or policies and to permit for a full recovery up to the amount insured in the event of loss, less any deductibles. 9.5 The Contractor will provide 30 days written notice to the Minister of any expiry, non-renewal, lapse, refusal to extend by the insurer, cancellation or any material change of the insurance policy or policies required by the Contractor pursuant to this Article. 9.6 The Contractor will, at the request of the Minister, in the Minister s sole discretion, secure insurance to replace the insurance coverage provided in compliance with section 9.1 with new coverage terms or increased policy limits, as specified by the Minister. 9.7 The Minister may, in the Minster s sole discretion, review the insurance requirements stipulated by this Article and Schedule 13 ( Insurance Requirements ) and the Contractor will cooperate as required to implement any changes arising from this review. 9.8 The Contactor will deliver or cause to be delivered to the Minister originals or signed, certified copies of the commercial general liability and equipment all risks insurance policies required to be maintained pursuant to this Agreement no later than one hundred and twenty (120) days from the Commencement Date. Evidence of the extension or the renewal of such insurance policy will be delivered or caused to be delivered to the Minister by the Contractor not less than thirty (30) days prior to such insurance s expiration. Delivery of the evidence of insurance and its extension or its renewal as required in this section 9.8 in no way releases the Contractor of its obligations pursuant to insurance requirements in this Agreement and does not operate as a waiver by the Minister of any of its rights. 9.9 The Contractor will, at the request of the Minister, provide all underwriting information, including loss history information that may be requested from time to time The Contactor will, upon the demand of the Minister, deliver information and pertinent details of the claims history, including the details of the occurrence or accident and final disposition of any such occurrence or accident, in relation to the commercial general liability and equipment all risks insurance policies to be maintained pursuant to this Agreement Without limiting the generality of subsection 11.1(d), within the time period specified by the Province in any written demand, the Contractor will provide the Province with information and supporting documentation to the satisfaction of the Province that the annual insurance premium amounts are true and correct or reflect or are commensurate with available reasonable market rates, and as verified by the statutory declaration of any director, officer, or employee of the Contractor or any representative of the Contractor s insurer or insurers, of: HIGHWAY MAINTENANCE AGREEMENT R SA 11 20

25 (a) (b) (c) the true and correct premium cost of the commercial general liability insurance required by section 9.1(a) and Schedule 13 ( Insurance Requirements ) of this Agreement (excluding the premium for any sudden and accidental pollution liability portion of such coverage), for the current, previous or subsequent Contract Year; the availability or otherwise of alternative market-based quotes that may be obtained, including on a competitive basis, for the annual premium at the renewal or replacement of such insurance, to maintain such renewed or replacement insurance in force; and the Insurance Premium Quote or any subsequent annual insurance premium amounts delivered pursuant to subsection 9.11(a) is true and correct competitively established, market premium amounts Without limiting any rights, powers and remedies existing available to the Province under this Agreement, any other agreement, at law or in equity, if the Province is not satisfied with any information and documentation delivered by, or on behalf of, the Contractor pursuant to section 9.11, the Province may, in its sole discretion, deliver notice in writing to the Contractor, requiring the Contractor to use its best efforts to obtain the requisite insurance from an alternative insurer or insurers, on a competitive basis, at more competitive rates, or at rates that more closely reflect or are commensurate with available reasonable market rates, and upon receipt of such request, the Contractor will use its best efforts to obtain such insurance on such basis and at such rates as set out above. Bonds 9.13 The Contractor will obtain and maintain the Bonds in full force and effect during the Term of this Agreement, all in form and content and with a surety company acceptable to the Minister, either pursuant to Option A of Schedule 1 in which the term of the Bonds is for the entire Term of this Agreement, or Option B of Schedule 1, in which there is an initial term of the Bonds for three years and six months. Sections 9.15, 9.16, 9.17 and 9.18 will apply in the event the Bonds are issued pursuant to Option B The Bonds will both be issued by one surety company, or one group of surety companies, which are created and existing under the laws of Canada and duly authorized to transact the business of suretyship in Canada and the Bonds will be delivered by the Contractor concurrently with or in advance of the execution of this Agreement The Contractor will, no later than the last Working Day of the 36th month of the Term, deliver to the Province or cause the surety that issued the Bonds to deliver to the Province the unconditional written agreement of that surety company, duly executed on behalf of the surety company and the Contractor, to extend and maintain the Bonds in full force and effect and having the same penal amount, so as to secure the observance and performance by the Contractor of this Agreement for the Term If the Contractor does not deliver the written agreement required under section 9.15, then the Contractor will deliver to the Province, no later than 60 days after the last Working Day of the 36 th month of the Term, bonds issued by an alternate surety company, which have the same penal amount and terms and conditions as the Bonds and which secure the observance and performance of the Contractor under this Agreement commencing on the fifth Anniversary Date and for the Term. HIGHWAY MAINTENANCE AGREEMENT R SA 11 21

26 9.17 For the purpose of calculating the 36th month of the Term under section 9.15 and 9.16 the month that includes the Commencement Date will be the first month In order to satisfy the requirements of section 9.16 the alternate surety company must be acceptable to the Minister, at the Minister s sole discretion. 10. DAMAGE TO GOVERNMENT PROPERTY 10.1 The Contractor is responsible for all costs related to repair the Damage to Government Property Notwithstanding section 10.1, the Contractor is, for damage to Structures, responsible for all costs related to the repair up to $50,000 per occurrence. The repair work exceeding $50,000 per occurrence is subject to the provisions of Schedule 18 ( Additional Maintenance Services ) The Contractor must submit to the Province a Damage to Government Property Claim for all Damage to Government Property. The Damage to Government Property Claim must include all costs incurred by the Contractor to repair the damage and must be accompanied by supporting documentation, including that documentation required by a third party s insurer for the Province s Claim to proceed. Subject to section 10.4 the Province will reimburse the Contractor for any Contractor's costs if the Minister is satisfied that: (a) (b) the Contractor's costs have been solely and properly incurred for the purpose of repairing or restoring Government Property damaged by persons other than the Contractor or the Controlled Persons; and all such repairs or restorations of Damage to Government Property damaged by persons other than the Contractor or the Controlled Persons have been repaired or restored in accordance with this Agreement Any reimbursement by the Province under section 10.3 for Routine Maintenance Services is, unless the damage to Government Property has been caused by the Province, subject to the following terms and conditions: (a) (b) (c) the reimbursement will apply only if the Minister has made a Claim against the insurer or responsible third party respecting Damage to Government Property in accordance with this Article and has received a Recovered Amount in respect of such Claim. The Contractor acknowledges that its costs incurred to repair the damage, including the Contractor s mark-up, may not be fully accepted and reimbursed by the insurer or responsible third party. The Contractor also acknowledges that, subject to subsection 10.4(b) below, its reimbursement by the Province will not be greater than the Recovered Amount; the Minister may deduct from the Recovered Amount all reasonable expenses incurred by the Minister in making such Claim; the Contractor has diligently prepared and delivered all information, documents and reports reasonably necessary in connection to or in support of the Claim to the Province; HIGHWAY MAINTENANCE AGREEMENT R SA 11 22

27 (d) (e) (f) (g) (h) (i) the Minister may allocate the Recovered Amount as between the Province and the Contractor such that each will be entitled to a portion of the Recovered Amount representing its proportionate share of expenses incurred to repair or restore the Government Property; in no event will the Province be required to reimburse the Contractor for an amount in excess of the Recovered Amount less any expenses deducted by the Minister in making such Claim. However, in the event some or all of the Contractor s costs pursuant to section 10.1 are for Quantified Maintenance Services, the Province will credit the Quantified Maintenance Services that were not reimbursed to the Contractor in the Recovered Amount at a value pursuant to the relevant Unit Price and, where the Quantified Maintenance Services pertain to Lump Sum Items, at a value determined by the Minister pursuant to the approved Quantified Work Plan; the Contractor will not make or purport to make on its own behalf or on behalf of the Province any claims whatsoever for damage to Government Property or for any Contractor's costs except to the Province to obtain reimbursement under section 10.3; the Province may assign by written notice to the Contractor all of its rights to make a Claim with respect to Damage to Government Property; subject to subsection 10.4(g), the decision to make a Claim and all decisions respecting the conduct of a Claim will be within the Minister's sole discretion; and the provisions of section 10.3 and 10.4 survive the expiration or sooner termination of this Agreement The Contractor will co-operate with the Province and its counsel in any and all investigation, settlement and judicial determination of any claims made against the Province or the Contractor and any Claims relating to Damage to Government Property relating directly or indirectly to this Agreement and will cause the Controlled Persons to be similarly bound. 11. CONTRACTOR'S COVENANTS 11.1 The Contractor will: (a) (b) observe, abide by and comply with all laws, by-laws, orders, directions, rules and regulations of any competent government authority or branch or agency thereof directly or indirectly applicable to the Contractor this Agreement, or the Services to be performed under this Agreement; ensure that the representations and warranties set out in Article 2 of this Agreement are true and correct at all times during the Term and provide evidence to that effect to the Province on the written request of the Minister; (c) maintain its corporate existence and carry on and conduct its business in a proper business-like manner in accordance with good business practice and keep or cause to be kept proper books of account in accordance with international financial reporting standards applied on a consistent basis; HIGHWAY MAINTENANCE AGREEMENT R SA 11 23

28 (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) within 15 days of the delivery of a written demand from the Province, provide the Province with such information and documentation with respect to the affairs and undertaking (financial and otherwise, as the case may be) of the Contractor as the Province may reasonably request, including for greater certainty, information and documentation related to the actual or anticipated observance, performance and compliance by the Contractor with the terms of this Agreement; punctually pay as they become due all accounts, expenses, wages, salaries, taxes, levies, rates, fees, contributions and assessments required to be paid by it on any of its undertaking; observe, perform and comply with each covenant and agreement on its part contained in this Agreement; provide and maintain all financial management and technical expertise necessary for the Contractor to carry out its obligations under this Agreement; co-operate with the Province and any other contractors providing services to the Province in the Service Area and in areas adjacent to the Service Area; perform the Services in a good workerlike manner, free of defects or deficiencies and to the satisfaction of the Minister; provide and maintain at all times qualified, trained and experienced staff, including the continual training of its staff, to perform all Services to the satisfaction of the Province, and including Incident Command System (ICS) training in order that all staff have Level 100 and the Contractor s general manager, division manager, operations manager and those in equivalent roles have Levels 200 and 300 at a minimum. In addition, the appropriate staff will have the training and skills with which to perform their work that include but are not limited to: Infrastructure maintenance, Danger Tree assessment, avalanche, Traffic Management, ISO/quality management, cost estimating, negotiation, communication and media training; provide and maintain at all times sufficient staff, facilities, materials, appropriate equipment and subcontractor agreements and financial, insurance, bonding and security arrangements in place and available to it as required to fully perform this Agreement including the Services, and in no event will the level of resources deployed in the field and ready to respond be less than what is required to supply the Maintenance Services and to comply with the Maintenance Specifications and the Quality Management System; paint, identify and light the equipment in accordance with Schedule 9 ( Equipment Requirements ) and such other directives of the Minister delivered to the Contractor from time to time; observe and comply with all laws, by-laws, orders, directions, rules and regulations of any competent government authority or branch or agency thereof relating to the environment or to occupational health and safety, including the Workers Compensation Act, and the OHS Regulation, directly or indirectly applicable to the Contractor or this Agreement, HIGHWAY MAINTENANCE AGREEMENT R SA 11 24

29 including by ensuring that the provision of and performance of the Services, complies with all such laws, by-laws, orders, directions, rules and regulations; (n) notwithstanding any limitation in the OHS Regulation which would exempt the Contractor from the requirement to initiate and maintain an occupational health and safety program, initiate and at all times maintain the Safety Program in connection with the Services and this Agreement, and ensure that the Safety Program: (i) (ii) (iii) is designed to prevent injuries and occupational diseases within the contemplation of the Workers Compensation Act and the OHS Regulation; provides for the establishment and maintenance of a system or process to ensure compliance with the Workers Compensation Act and the OHS Regulation in respect of the Services and this Agreement; and satisfies the requirements of an occupational health and safety program under the Workers Compensation Act and the OHS Regulation; (o) (p) (q) (r) (s) subject to section 4.6, discharge the responsibilities of the Prime Contractor under the Workers Compensation Act and the OHS Regulation, in connection with the Services and this Agreement; upon receipt of the Minister s written notice under section 4.7, in good faith, cooperate with the contractor appointed the Prime Contractor for the location and the period of time described in the Minister s notice, including the coordination of health and safety activities; perform, or cause Controlled Persons to perform, where applicable, all Services in a manner which meets or exceeds the specifications and performance time frames included in Schedule 16 ( Maintenance Specifications ), Schedule 17 ( Local Area Specifications ) and Schedule 18 ( Additional Maintenance Services ); perform all of the Contractor s obligations included in Schedule 16 ( Maintenance Specifications ), Schedule 17 ( Local Area Specifications ) and Schedule 18 ( Additional Maintenance Services ); comply with all of the Contractor s obligations included in: (i) (ii) (iii) (iv) the Gravel License in Schedule 10 ( Gravel License ); the Commercial Vehicles Permit attached as Schedule 12 ( Commercial Vehicles Permit ); the Automated Weather Stations attached as Schedule 15 ( Automated Weather Stations ); and the Privacy Protection Schedule attached as Schedule 19 ( Privacy Protection ); (t) provide to the Minister all of the Contractor information specified in Schedule 4 ( Contractor Detail ) with respect to: HIGHWAY MAINTENANCE AGREEMENT R SA 11 25

30 (i) (ii) (iii) a corporate Contractor; a Contractor that is a partnership, with respect to each corporate partner; and a Contractor that is a joint venture, with respect to each corporate venturer; no later than 30 days prior to the Commencement Date and thereafter no later than 90 days after a material change to any part of that information, all subject to subsection 2.1(k), to ensure such information remains current. On each Anniversary Date of the Term, unless there has been a submittal of amended information within the previous 12 month period, the Contractor will provide the Minister with a certificate of a senior officer certifying that there has been no material change to the information provided in the Contractor Details and that all information is current and correct. 12. ANNUAL PRICE AND FEES 12.1 In full consideration of the Contractor providing the Maintenance Services the Province will, subject to an Event of Default or Force Majeure, pay to the Contractor the Annual Price corresponding to each Contract Year in the manner set out in Part I of Schedule 3 ( Maintenance Services Fee ) all subject to the terms of this Agreement In full consideration of the Contractor providing Additional Maintenance Services, the Province will pay the Contractor in the manner set out in Schedule 18 ( Additional Maintenance Services ) all subject to the terms of this Agreement The payments described in section 12.1 and 12.2 constitute the maximum amounts payable to the Contractor for its performance of the Maintenance Services and Additional Maintenance Services and the Contractor will not be entitled to any further compensation for its performance whether or not the work actually undertaken by the Contractor is described in this Agreement and without limiting the generality of the foregoing, there will be no amended adjustment to the Annual Price except in accordance with Schedule 2 ( Annual Adjustment Process ), Article 6 and Article Notwithstanding any other provision of this Agreement, the payment of money by the Province to the Contractor under this Agreement is subject to: (a) (b) there being sufficient monies available in an Appropriation, as defined in the FAA, to enable the Province, in any fiscal year or part thereof when any payment of money by the Province to the Contractor falls due under this Agreement, to make that payment; and Treasury Board, as defined in the FAA, not having controlled or limited, under the FAA, expenditure under any Appropriation referred to in subsection 12.4(a) of this section All sums due and owing by the Contractor to the Province under this Agreement will be set off by the Province during the Term All payments made under this Agreement, net of sums set off as provided under sections 12.5 and 12.8, will be paid by electronic fund transfer to the appropriate party. HIGHWAY MAINTENANCE AGREEMENT R SA 11 26

31 12.7 Concurrent with each set off payment, the Province will deliver to the Contractor an accounting of the sums due and owing by the parties under the Agreement to the date of the payment The Minister may, in the Minister s sole discretion, pay an amount not exceeding 2% of the Annual Price or the Adjusted Annual Price as the case may be, to the Contractor as compensation for the Contractor s rating under the Contractor Assessment Program, such payment or payments to be made at a time or times and in the manner determined by the Minister. 13. PUBLIC ANNOUNCEMENTS AND FREEDOM OF INFORMATION 13.1 Any public announcement relating to the award or entry into this Agreement, as well as media relations that require a collaborative effort between the parties under this Agreement and between the parties and government agencies and other organizations will be arranged by the Province in consultation with the Contractor Any documentation related to this Agreement that is in the custody or under the control of the Province, is subject to the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c.165. The Province will provide the Contractor with notice pursuant to the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, prior to any proposed releases of such documentation. 14. ASSIGNMENT, SUBCONTRACTING AND HIRED EQUIPMENT 14.1 The Minister may, without the prior consent of the Contractor, assign in whole or in part, either directly or indirectly, this Agreement or any rights of the Minister under this Agreement The Contractor will use its best efforts to co-operate with the Province, and any other interested parties to effect a full or partial assignment of the Province s rights and obligations under this Agreement, and a reasonable transition in performance of the Services as a result of any assignment, expiration or termination of this Agreement and this obligation will survive such expiration, termination or assignment The Contractor will not without the prior written consent of the Minister assign, either directly or indirectly, this Agreement or any right of the Contractor under this Agreement The following events will be deemed to be an assignment of the Contractor s rights and obligations under this Agreement: (a) if the Contractor is a corporation but none of its shares are traded on any public stock exchange or in any public stock market, any transaction, amalgamation, arrangement, reorganization, joint venture, trust or other agreement which will result in a direct or indirect change of control of such corporation or direct or indirect change of ownership of the business during the Term; or (b) if the Contractor is a partnership, the cessation, other than through death, at any time during the Term by any person who at the time of the execution of this Agreement owns a partner s interest, or such ownership, or a material change in the ownership, in the opinion of the Province, of such partner s interest. HIGHWAY MAINTENANCE AGREEMENT R SA 11 27

32 14.5 The Contractor will reimburse the Province, forthwith on demand, the costs incurred by the Province in respect of the Province s review of an assignment proposed pursuant to section 14.3 above, including the Province s administration costs and the fees and disbursements of professional advisors The Contractor may subcontract any obligation of the Contractor under this Agreement to any person except, if the Minister has notified the Contractor that the Minister's written consent is to be obtained prior to any such subcontracting by the Contractor The appointment of subcontractors by the Contractor will not relieve the Contractor of its responsibility to perform and comply with all terms of this Agreement, or for the quality of work, materials and services provided by it The Contractor will at all times be held fully responsible to the Province for the acts and omissions of its subcontractors and persons employed by them and no subcontract entered into by the Contractor will impose any obligation or liability upon the Province to any such subcontractor or any of its employees The Contractor will cause every subcontractor to be bound by the terms of this Agreement so far as they apply to the Services to be performed by each subcontractor, including without limitation Schedule 14 ( Cost Plus Rates) Nothing in this Agreement will create any contractual relationship between the Province and a subcontractor of the Contractor In regards to providing Maintenance Services, the Contractor will: (a) during a Contract Year cause Maintenance Services which represent not less than 1.0% of the Annual Price for that Contract Year to be performed utilizing hired equipment; (b) (c) provide an open, transparent and equitable distribution of work to equipment owners who are local to the Service Area. For greater clarity, the Contractor and Contractor controlled or affiliated companies do not fall within the meaning of equipment owners for this purpose; and hire such equipment at not less than the rates established in the "Equipment Rental Rate Guide" so entitled and published by the B.C. Road Builders & Heavy Construction Association and authorized by the Province from time to time. 15. RECORDS AND REPORTS 15.1 The Contractor will: (a) establish and maintain at a location within British Columbia accurate books of account pursuant to subsection 11.1(c) (including supporting documents) and records to the satisfaction of the Minister; HIGHWAY MAINTENANCE AGREEMENT R SA 11 28

33 (b) (c) (d) (e) prepare, maintain and comply with its work reporting system (including a computerized maintenance management system) to the satisfaction of the Minister; give written particulars of the location within British Columbia, referred to in subsection 15.1(a), to the Minister, not later than 30 days after the Commencement Date, or give written particulars of any new location within British Columbia within 30 days of any change of location; permit the Province, its servants and agents, at any time or times during normal business hours, to copy or audit, or both, any or all of the books of account, records (including supporting documents), and database referred to in subsections 15.1(a) and 15.1(b); and permit the Province, its servants and agents, at any time or times during normal business hours to copy or audit, or both any or all of the books of accounts in relation to removal of Granular Material from the Gravel Pits The Contractor will upon the request, from time to time, of the Minister: (a) (b) (c) fully inform the Minister in writing or through electronic transmission of data of work identified, scheduled and completed by the Contractor in connection with provision of the Services in a format and including work activity classifications as specified by the Minister; upon the written request from the Province, deliver to the Province reports relating to and copies of any or all records demonstrating the compliance of the Contractor with the laws, by-laws, orders, directions, rules and regulations referenced in section 11.1, including the Workers Compensation Act, and the OHS Regulation; and permit the Minister at all reasonable times to inspect, examine, review and copy any and all findings, data, specifications, drawings, working papers, reports, including Non- Conformance Reports and audit reports, documents and material whether complete or otherwise that have been produced, received or acquired by, or provided by or on behalf of the Province or the Minister to the Contractor as a result of this Agreement All case files, materials, software, manuals and memoranda of any ministry of the Province related to the provision of the Services that are, from time to time, in the possession or control of the Contractor will at all times be the exclusive property of the Province (the Material ). Within 30 days following the expiration or earlier termination of this Agreement, the Contractor will, at the direction of the Minister and at the Contractor s cost, either: (a) (b) deliver to the Minister; or permanently destroy; all copies of the Materials in the Contractor s possession or under its control, in a manner and as specified in the direction The Contractor will, no later than the 10th Working Day of each month, for the prior month provide to the Minister: HIGHWAY MAINTENANCE AGREEMENT R SA 11 29

34 (a) (b) (c) (d) summaries of Routine Maintenance Services which include all Routine Maintenance Services prepared on a form provided by the Province; summaries of Quantified Maintenance Services prepared on a form provided by the Province; a Wildlife Accident Report (H0107) and if there have been no instances of wildlife accidents in the reporting period, then a nil report will be forwarded; and A Major Event Tracking Report prepared on a form provided by the Province, and if there have been no instances of Major Events in the reporting period, then a nil report will be provided The Contractor will, no later than the 10th Working Day of the incident, provide to the Minister a Chargeable Maintenance Cost Report (H0036) along with supporting documentation for the direct costs of Damage to Government Property The Contractor will, on a quarterly basis, provide to the Minister a Quality Management System revisions report in accordance with section 17.4, and if no revisions have occurred, then a nil report will be forwarded, all subject to the Minister s satisfaction and acceptance The Contractor will, on an annual basis, provide to the Minister: (a) (b) (c) (d) no later than June 1 of each calendar year, or on such date(s) as may be specified by the Minister, a report on the use of sand, salt and salt substitutes, used in providing the Maintenance Services, which includes the information and meets the requirements specified by Environment Canada and the Province for environmental monitoring and reporting on the use of sand, salt and salt substitutes for a reporting period as specified by the Minister; on or before the Anniversary Date of each Contract Year, the completed Insurance Premium Adjustment Form attached as Appendix D to Schedule 2 ("Annual Adjustment Process") as originally signed by an authorized representative of the insurer, in respect of the commercial general liability insurance described in Article 9 (excluding any Sudden and Accidental pollution liability coverage), of the total amount payable as the annual premium, to maintain such renewal or replacement insurance in force on the commencement of that Contract Year; on or before the Anniversary Date of each Contract Year, a revised Schedule 4 ("Contractor Detail"), duly signed and certified by a senior officer or director, partner or joint venturer, or a signed and certified statement that the details provided in Schedule 4 ("Contractor Detail"), by a senior officer or director, partner or joint venturer, are unaltered; and on or before the Anniversary Date of each Contract Year, traffic management plan(s), in accordance with the Province s Traffic Management Guidelines for Work on Roadways, for those areas of Infrastructure subject to closure or disruption due to Services being performed or due to other occurrences such as Major Events. If the traffic management plan(s) require no revision or amendment, the Contractor will provide to the Minister a nil report. HIGHWAY MAINTENANCE AGREEMENT R SA 11 30

35 15.8 The Contractor will provide a Rockfall Report (H0207): (a) (b) to the Province's District Manager, no later than the 7th calendar day of each month for the prior month if rockfall greater than fist size reaches the travelled lane of a Highway; and to the geotechnical office listed on the H0207 form, no later than 48 hours, if rockfall greater than one (1) cubic metre reaches the travelled lane of a Highway or damages a motor vehicle The Contractor will provide to the Minister no later than 15 calendar days from the completion of processing of Granular Material pursuant to subsection 6.1(b) in Schedule 10 ( Gravel License ), a quantity survey report prepared by a qualified individual certifying the quantity of Granular Material produced by such processing, all to the satisfaction of the Minister. The quantities of Granular Material reported will form the basis of the calculation of the Gravel Fee with the rate specified in Appendix A section 1 of Schedule 10 ( Gravel License ) The Contractor will provide to the Minister no later than 15 calendar days of the removal of Pit-Run from a Gravel Pit pursuant to section 6.1(a) in Schedule 10 ( Gravel License ), a detailed statement in a form satisfactory to the Minister. The quantities of Pit-Run reported will form the basis of the calculation of the Gravel Fee in accordance with Appendix B of Schedule 10 ( Gravel License ) If applicable, prior to the Renewal Term of the Option B Bonds pursuant to section 9.13, the Contractor will provide to the Minister on or around the commencement of the Bonds Renewal Term (as defined in the Bonds) or the date of commencement of the replacement bonds, written verification issued by the Contractor's surety company, in respect of the amount payable as the premium, to obtain and maintain such extended bonds or additional or replacement bonds; 16. FINANCIAL AUDIT 16.1 The Province may, in its sole discretion, conduct a financial and accounting audit of the Contractor, including in respect of the Contractor s performance, observance and discharge of its obligations under this Agreement and of the Contractor s current and ongoing capacity to perform, observe and discharge such obligations, of its partners and unit holders, if any; such audit to include the right to inspect and take copies of the books and records of the Contractor upon reasonable notice and at reasonable times The Contractor will fully co-operate with the Province in conducting an audit under section The Contractor will, upon the request of the Minister, provide to the Province a copy of the audited (or if unavailable, unaudited) financial statements of the Contractor and to the extent necessary to consider the Contractor s performance, observance and discharge of its obligations under this Agreement and of the Contractor s current and ongoing capacity to perform, observe and discharge such obligations, of its partners and unit holders, if any The Contractor will prepare, such financial information, reports or statements relating to the Contractor s financial condition and accounting records, including sufficient information, reports and statements relating to the financing, funding and equity structures, resources and facilities available to the Contractor to enable it to perform, observe and discharge and to continue to perform, HIGHWAY MAINTENANCE AGREEMENT R SA 11 31

36 observe and discharge its obligations under this Agreement, as the Minister may request and will deliver the same to the Minister at such time(s) as the Minister may specify. 17. QUALITY MANAGEMENT SYSTEM 17.1 The Contractor will incorporate the principles of quality management as detailed in ISO 9001:2008 and/or ISO 9001:2015 Quality Management Systems - Requirements in the Quality Management System In addition to the processes required to be written for the ISO 9001:2008 and/or ISO 9001:2015 Standard including: control of documents, control of records, internal audit, control of nonconforming product, corrective action and preventative action, the Contractor will also be required to include processes for Article 15 ( Records and Reporting ) and all Services in the Quality Management System Throughout the Term the Contractor will continuously monitor the effectiveness of, implement, maintain, revise and document the Quality Management System so that it reflects current practices and where followed, the effect will be that the terms of the Agreement are met The Contractor will provide quarterly Quality Management System revision reports that provide sufficient information concerning revisions to the Quality Management System to evidence that all Services are being performed and delivered in accordance with the terms of this Agreement and if no revisions have occurred, then a nil report will be forwarded. These quarterly revision reports and their contents are subject to the Minister s satisfaction and acceptance The Contractor acknowledges and agrees that nothing in the Quality Management System will in any way derogate from the Contractor s obligations under this Agreement, and that if there is any conflict between the Quality Management System, or any part thereof, and the terms of the Agreement, the terms of this Agreement will prevail The Minister will conduct monitoring and quality audits at times and in a manner determined by the Minister in order to ensure the Contractor s compliance with the terms of this Agreement through a review of the Contractor s work activities and performance results and to verify the status of the processes, methods, documentation, records and conditions which are necessary for the Contractor s compliance with the terms of this Agreement The Minister will issue and deliver to the Contractor a Non-Conformance Report when the Minister determines that the Contractor is failing to comply with the requirements of this Agreement The Contractor will remedy all non-conformances set out in the Non-Conformance Reports within the time specified in the Non-Conformance Report or any audit report and will confirm the rectification in writing to the Minister The Minister will pay the Contractor the QMS Payment in accordance with the terms of Schedule 3 ( Maintenance Services Fee ). HIGHWAY MAINTENANCE AGREEMENT R SA 11 32

37 18. DEFAULT AND REMEDIES 18.1 Any of the following events will constitute an event of default whether the event is voluntary, involuntary or results from the operation of law or any judgment or order of any court or administrative or government body: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) the Contractor fails to observe, perform or comply with any provision of this Agreement, Gravel License and the Commercial Vehicles Permit on the part of the Contractor to be observed, performed or complied with; the Contractor s failure to remedy a non-conformance set out in a Non-Conformance Report within the time specified in the Non-Conformance Report or any audit report; any representation or warranty made by the Contractor in this Agreement is materially untrue or incorrect; any information, statement, document, certificate or report furnished or submitted by or on behalf of the Contractor to the Province or the Minister pursuant to this Agreement is materially untrue or incorrect; the Contractor fails to deliver to the Province notice, that there has occurred or is continuing a default under this Agreement and which specifies the particulars of the default; there is any bona fide action or proceeding, pending or threatened against the Contractor, which would, in the reasonable opinion of the Minister, have a material adverse effect upon the ability of the Contractor to fulfill its obligations under this Agreement; an order is made, a resolution is passed or a petition is filed, for the liquidation or winding up of the Contractor; a change occurs with respect to any of the properties, assets, condition (financial or otherwise), business or operations of the Contractor which, in the reasonable opinion of the Minister, materially adversely affects the ability of the Contractor to fulfill any of its obligations under this Agreement; a floating charge granted by the Contractor crystallizes or becomes enforceable or any other action is taken to enforce any charge granted by the Contractor; the Contractor becomes insolvent, commits an act of bankruptcy, makes an assignment for the benefit of its creditors or otherwise acknowledges its insolvency; a bankruptcy petition is filed or presented against, or a proposal under the Bankruptcy and Insolvency Act (Canada) is made by, the Contractor; a compromise or arrangement is proposed in respect of the Contractor under the Companies' Creditors Arrangement Act (Canada); a receiver or receiver-manager of any property of the Contractor is appointed; HIGHWAY MAINTENANCE AGREEMENT R SA 11 33

38 (n) (o) (p) (q) (r) the Contractor permits any sum, which is not disputed to be due by it, to remain unpaid after legal proceedings have been commenced to enforce payment thereof; the Contractor ceases, in the reasonable opinion of the Minister, to carry on business as a going concern; the Contractor, without the prior written approval of the Minister, assigns, sells or in any manner disposes of or encumbers all or any of its rights or interests in this Agreement; without the prior written consent of the Minister, the effective control or ownership (whether direct or indirect, legal or beneficial) of the Contractor changes from that represented in subsection 2.1(k); any action is taken to enforce any security interest, charge or encumbrance granted, created or issued by the Contractor; or (s) the failure of the Contractor to comply with one of the requirements under sections 9.15 and On the happening of an Event of Default, or at any time thereafter, the Minister may deliver written notice to the Contractor specifying the Event of Default and the Province may elect to do any one or more of the following: (a) pursue any remedy available to it at law or in equity; (b) retain as a holdback from any payment due to the Contractor under section 12.1: (i) if the Event of Default is a failure to perform Quantified Maintenance Services in accordance with this Agreement, an amount equal to twice the value: A. of the Unit Prices set out in Schedule 5 ( Quantified Maintenance Services ) (as those Unit Prices may have been adjusted in accordance with this Agreement) for the Unit Price Items of Quantified Maintenance Services not performed, and B. of the Lump Sum Values set out in the approved Quantified Work Plan for the Lump Sum Items of Quantified Maintenance Services not performed; (ii) if the Event of Default is a failure to perform Routine Maintenance Services in accordance with this Agreement, an amount equal to twice the value of the Routine Maintenance Services not performed, such value to be determined by the Minister in the Minister s sole discretion; (c) take all actions in its own name or in the name of the Contractor that may reasonably be required to cure the Event of Default in which case all payments, costs and expenses incurred will be payable by the Contractor to the Province on demand and set off against any sums owing by the Province to the Contractor present or future, including any amount retained as a holdback under subsection 18.2(b); HIGHWAY MAINTENANCE AGREEMENT R SA 11 34

39 (d) (e) require the Contractor to cure the Event of Default within a time period specified by the Minister; if an Event of Default with respect to which an amount has been retained as a holdback under subsection 18.2(b): (i) (ii) has been cured by the Contractor to the satisfaction of the Minister within a time period specified by the Minister, then the Province may pay the amount retained to the Contractor; or is not curable or has not been cured by the Contractor to the satisfaction of the Minister, within a time period specified by the Minister, then the Province may keep the amount retained as a reduction of fees otherwise payable to the Contractor under Part I of Schedule 3 ( Maintenance Services Fee ) and the parties under this Agreement agree that the holdback is an appropriate estimate of the losses and damages incurred by the Province arising from the Contractor s default, after taking into account, without limitation, the Provinces increased administration costs, the costs of hiring an alternate Contractor to perform the Maintenance Services, the delays in the performance of those Maintenance Services and the costs associated with traffic closures or delays, if any, which resulted from the default; (f) (g) (h) waive the Event of Default; terminate this Agreement, subject to the expiration of any time period specified by a notice delivered pursuant to subsection 18.2(d); and terminate this Agreement effective on the third year and six month date of the Term and pursue the remedy provided for in the Bonds, without the requirement for the Minister to provide any notice, if the event of Default is as described in paragraph 18.1(s) The rights, powers and remedies conferred on the Province under this Agreement are not intended to be exclusive and each will be cumulative and in addition to and not in substitution for every other right, power and remedy existing or available to the Province under this Agreement, any other agreement, at law or in equity and the exercise by the Province of any right, power or remedy will not preclude the simultaneous or later exercise by the Province of any other right, power or remedy No failure or delay on the part of either party to complain of an act or failure of the other party or to declare such other party in default, irrespective of how long such act or failure to act will continue, will constitute a waiver by such party of its rights under this Agreement No interest will be payable by the Province on any amount retained as a holdback in accordance with subsection 18.2(b). 19. DISPUTE RESOLUTION 19.1 Subject to section 19.4, disputes arising out of or in connection with any provision of this Agreement, the parties under this Agreement will consider in good faith whether to elect to follow HIGHWAY MAINTENANCE AGREEMENT R SA 11 35

40 the Dispute Resolution Protocol pursuant to Schedule 11 ( Dispute Resolution Protocol ) in attempting to resolve the dispute The parties under this Agreement will confirm in writing any election by them to follow the Dispute Resolution Protocol in respect of a particular dispute and upon any such election being made, unless otherwise agreed by the parties, the Dispute Resolution Protocol must be followed Nothing in this Article 19 obliges a party under this Agreement to elect to follow Schedule 11 ( Dispute Resolution Protocol ) in respect of a particular or any dispute All disputes arising out of or in connection with subsections 6.3, 6.4(a), 6.7, 7.7, section 6 of Schedule 2 ( Annual Adjustment Process ), subsection 1.3(d) of Schedule 5 ( Quantified Maintenance Services ) and Article D of the Introduction to the Maintenance Specifications in Schedules 16 and 17( Maintenance Specifications and Local Area Specifications, respectively), and with regard to payment for Additional Maintenance Services pursuant to subsection 12.2 to will be referred to and finally resolved by arbitration pursuant to the Arbitration Act, R.S.B.C. 1996, c The place of arbitration will be Victoria, British Columbia. 20. FORCE MAJEURE 20.1 If an event of Force Majeure occurs or is likely to occur: (a) (b) the party under this Agreement directly affected will notify the other party under this Agreement immediately, and will use its best efforts to remove, curtail or contain the cause of the delay, interruption or failure and to resume with the least possible delay performance of its duties, covenants and obligations under this Agreement; and if the party under this Agreement directly affected by the event of Force Majeure is the Contractor, then: (i) (ii) the Province will not be obliged to pay to the Contractor any amounts pursuant to Part I of Schedule 3 ( Maintenance Services Fee ) attributable, as determined by the Minister, to the period during which the event of Force Majeure is continuing; the Province will, subject to the terms of this Agreement, pay to the Contractor fees monthly in arrears, for the time period while the Force Majeure continues which fees will be the sum of the following: A. the amount that is equal to the per diem value of the Quantified Maintenance Services that applies to the Contract Year during which the event of Force Majeure is continuing, for each day of the applicable monthly period while the Force Majeure continues; B. the direct costs incurred by the Contractor (excluding overhead and profit) to perform Routine Maintenance Services while the event of Force Majeure continues; HIGHWAY MAINTENANCE AGREEMENT R SA 11 36

41 (iii) (iv) the Province's obligation to pay fees under subsection 20.1(b)(ii) is conditional on the Contractor providing to the Province a written statement of account in respect of the fees claimed, including evidence satisfactory to the Minister of the direct costs of the Contractor described in subsection 20.1(b)(ii)B; and in no event will the Province be obliged to pay fees to the Contractor under subsection 20.1(b)(ii) in excess of the amounts pursuant to Part 1 of Schedule 3 ( Maintenance Services Fee ) attributable, as determined by the Minister, to the same period and which would have been payable had the event of Force Majeure not occurred Notwithstanding the Contractor s inability to perform services while the event of Force Majeure continues, the Contractor must re-schedule the performance of the Quantified Maintenance Services to ensure that all Quantified Maintenance Services scheduled for the then current Contract Year is performed during that Contract Year If a party under this Agreement: (a) (b) (c) (d) is aware or is made aware, through its dealings with the insurance industry or the highway maintenance industry, that an event of Force Majeure described in subsection 1.1(cc)(ii) is likely to occur then that party will notify the other party and both parties will enter into good faith negotiations with a view to entering into a mutually acceptable agreement that will prevent the event of Force Majeure from occurring; is aware or is made aware, through its dealings with the insurance industry or the highway maintenance industry, that an event of Force Majeure described in subsection 1.1(cc)(ii) has occurred, then that party will notify the other party immediately; giving notice under subsection 20.3(b) is the Contractor, then the Minister will as soon as reasonably practicable, notify the Contractor whether or not the Minister is satisfied, in the Minister s sole discretion, that the matter described in the notice constitutes an event of Force Majeure described in subsection 1.1(cc)(ii), and the Minister s notice will be final and binding; and giving notice under subsection 20.3(b) is the Province, or if the Minister has notified the Contractor under subsection 20.3(c) that the matter described in the Contractor s notice constitutes an event of Force Majeure described in subsection 1.1(cc)(ii), then the Contractor will enter into good faith negotiations with the Province with a view to resolve the event of Force Majeure and to resume, with the least possible delay, the performance of this Agreement. 21. NOTICES 21.1 Any notice, document, statement, report, demand to be given or made under this Agreement, will be in writing and may be given or made by personal delivery, or courier to the party to whom it is to be given or made, or by mailing in Canada with postage prepaid addressed: (a) if to the Province or the Minister (or both of them): HIGHWAY MAINTENANCE AGREEMENT R SA 11 37

42 Ministry of Transportation and Infrastructure Rocky Mountain District Office th Avenue South Cranbrook, BC V1C 2N1 Telephone: (250) Attention: District Manager, Transportation with a copy to: Ministry of Transportation and Infrastructure Rehabilitation and Maintenance Branch 4C-940 Blanshard Avenue Victoria, BC V8W 3E6 Maintenance.Programs@gov.bc.ca Attention: Manager, Maintenance Contracts Procurement (b) if to or such other contact and address as may be notified in writing by either party to the other from time to time during the Term. Any notice, document, statement, report, or demand, if mailed, will be deemed given to and received by the addressee on the third business day after the mailing of the same except in the event of disruption of postal services in Canada in which case any such notice, document, statement, report, demand or payment will be deemed given to and received by the addressee when actually delivered to the particular address set out above Any notice, document, report, statement or demand desired or required to be given or made under this Agreement will be deemed to have been given, made and received if transmitted by electronic mail, when capable of being retrieved by the intended recipient. 22. INDEMNITY 22.1 The Contractor will indemnify and save harmless the Province and the Minister from and against all claims, liabilities, demands, losses, damages, costs and expenses, legal defence costs and expenses, fines, penalties, assessments and levies made against or incurred, suffered or sustained by the Province and the Minister or either of them at any time or times (whether before or after the expiration or sooner termination of this Agreement) where the same or any of them are based upon or arise out of or from anything done or omitted to be done by the Contractor and the Controlled Persons or any of them pursuant to this Agreement including, without limitation, any HIGHWAY MAINTENANCE AGREEMENT R SA 11 38

43 claim against the Province for failure to supervise or inspect the work which is performed by the Contractor pursuant to this Agreement which indemnity will survive the expiration or sooner termination of this Agreement Notwithstanding the provisions of the Limitation Act, SBC 2012, c.13 the time for the Province to bring a claim for contribution or indemnity begins to run on the date on which the Province is called upon to make a payment in respect of a claim to which this indemnity may apply. 23. JOINT AND SEVERAL LIABILITY RE JOINT VENTURES 23.1 If the Contractor is a joint venture, each venturer within the joint venture will be jointly and severally liable for the representations, warranties, debts and obligations of the joint venture made, given or incurred under, pursuant to, or as a result of or arising from this Agreement, notwithstanding the nature of the legal relationship between the venturers. 24. MISCELLANEOUS 24.1 The Contractor will treat as confidential and will not, without the prior written consent of the Minister, publish, release, or disclose, or permit to be published, released or disclosed either before or after the expiration or sooner termination of this Agreement, any information supplied to, obtained by, or which comes to the knowledge of the Contractor as a result of this Agreement, except insofar as such publication, release or disclosure is required by law or is necessary to enable the Contractor to fulfill the obligations of the Contractor under this Agreement The Contractor will not, during the Term, perform a service for or provide advice to any person, firm or corporation or other legal entity where the performance of the service or the provision of the advice may or does, in the reasonable opinion of the Minister, give rise to a conflict of interest between the obligations of the Contractor to the Province under this Agreement and the obligations of the Contractor to such other person, firm or corporation or other legal entity This Agreement constitutes the entire agreement between the parties under this Agreement in respect of the subject matter of this Agreement and no understandings, representations, contracts, or agreements, oral or otherwise, exist between the parties with respect to the subject matter of this Agreement except as expressly set out in this Agreement. The Contractor agrees that in entering into this Agreement the Contractor has not and does not rely upon any previous representation of the Province, or of servants, employees, agents, or representatives of the Province, whether expressed or implied, or upon any inducement or agreement of any kind or nature. All prior understandings, negotiations, representations, contracts or agreements are hereby canceled Each of the parties under this Agreement will, upon the reasonable request of the other, make, do, execute or cause to be made, done or executed all further and other lawful acts, deeds, things, devices, documents, instruments and assurances whatever for the better or more perfect and absolute performance of the terms and conditions of this Agreement Time will be of the essence of this Agreement. HIGHWAY MAINTENANCE AGREEMENT R SA 11 39

44 24.6 All provisions of this Agreement in favour of the Province and all rights and remedies of the Province, either at law or in equity, will survive the expiration or sooner termination of this Agreement This Agreement will enure to the benefit of and be binding upon the Province and its assigns and Contractor and its successors and permitted assigns No waiver by either party under this Agreement of a breach or default by the other party in the observance, performance or compliance of any of its obligations under this Agreement will be effective unless it is in writing and no such waiver will be deemed or construed to be a waiver of any other breach or default and failure or delay on the part of either party to complain of an act or failure of the other party or to declare such other party in default, irrespective of how long such failure or delay continues, will not constitute a waiver by such party of any of its rights against the other party If any provision of this Agreement or the application thereof to any person or circumstance is invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to any other person or circumstance will not be affected or impaired thereby and will be valid and enforceable to the extent permitted by law This Agreement may only be amended by a further written agreement executed by both parties under this Agreement The Contractor will use its best efforts to adopt electronic modes of communication and transfer of information in formats and through modes of communication specified by the Province This Agreement may be executed in counterparts by each party under this Agreement signing a separate copy of it (including photocopy, facsimile or Adobe Acrobat copy) and delivering it to the other by facsimile or , with an originally executed copy of it to follow by mail or courier. 25. INTERPRETATION 25.1 A reference in this Agreement: (a) (b) to a statute whether or not that statute has been defined, means a statute of the Province of British Columbia unless otherwise stated and includes every amendment to it, every regulation made under it and any enactment passed in substitution therefor or in replacement thereof; and to any other agreement between the parties under this Agreement means that other agreement as it may be amended from time to time by the parties Unless the context otherwise requires, any reference to "this Agreement" means this instrument, all of the Schedules attached to it and all documents, manuals or publications referenced in the Schedules, any and all Work Orders issued by the Province under this Agreement, and any reference in this Agreement to any article, section, subsection or paragraph by number is a reference to the appropriate article, section, subsection or paragraph in this Agreement. HIGHWAY MAINTENANCE AGREEMENT R SA 11 40

45 25.3 The headings or captions in this Agreement are inserted for convenience only and do not form a part of this Agreement and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Agreement In this Agreement, "person" includes a corporation, firm, association and any other legal entity and wherever the singular or masculine is used it will be construed as if the plural, the feminine or the neuter, and wherever the plural or the feminine or the neuter is used it will be construed as the singular or masculine, as the case may be, had been used where the context or the parties so require Each Schedule attached to this Agreement is an integral part of this Agreement as if set out at length in the body of this Agreement If any one or more provisions of this Agreement are in conflict, then the provisions apply in the following prioritized order: (a) (b) (c) (d) (e) amending agreements and Minister notices, in reverse chronological order; the provisions of the main body of this Agreement; the Local Area Specifications; the Maintenance Specifications; and the remaining schedules In this Agreement, the words "including" and "includes", when following any general term or statement, are not to be construed as limiting the general term or statement to the specific items or matters set forth or to similar items or matters, but rather as permitting the general term or statement to refer to all other items or matters that could reasonably fall within the broadest possible scope of the general term or statement All dollar amounts expressed in this Agreement refer to lawful currency of Canada All dollar amounts expressed in this Agreement are expressed in an amount excluding GST and including all other applicable taxes, duties and other charges. HIGHWAY MAINTENANCE AGREEMENT R SA 11 41

46 25.10 This Agreement will be governed by, construed and interpreted in accordance with the laws of the Province of British Columbia and the courts of competent jurisdiction, within the province of British Columbia, will have exclusive jurisdiction with respect to any legal actions commenced to enforce the provisions of this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized representatives or officers as follows: SIGNED on behalf of Her Majesty the Queen in Right of the Province of British Columbia by a duly authorized representative of the Minister Responsible for the Transportation Act on the day of, 20 in the presence of: (Witness) ) ) ) ) ) ) ) For the Minister Responsible for the Transportation Act SIGNED ON BEHALF by a duly authorized representative of the Contractor on the day of, 20 in the presence of: (Witness) ) ) ) ) ) ) ) ) ) Name: Title: HIGHWAY MAINTENANCE AGREEMENT R SA 11 42

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48 SCHEDULE 1 BONDS Schedule 1 Bonds R5.5 SA11

49 OPTION A SPECIMEN HIGHWAY MAINTENANCE PERFORMANCE BOND No. $ KNOW ALL PERSONS BY THESE PRESENTS that (CONTRACTOR S NAME) as Principal, (the Principal ) and (SURETY/INSURANCE COMPANY NAME AND ADDRESS) a corporation created and existing under the laws of Canada, and duly authorized to transact the business of Suretyship in Canada, as Surety (the Surety ) are, subject to the conditions hereinafter contained, held and firmly bound unto HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA AS REPRESENTED BY THE MINISTER RESPONSIBLE FOR THE TRANSPORTATION ACT, as Obligee (the Obligee ), in the amount of Four Million Dollars ($4,000,000) (the Bond Amount ) lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a written contract with the Obligee, dated the day of (DATE),20 for Highway Maintenance entitled Highway Maintenance Agreement Service Area 11 (the Contract ) which is incorporated by reference as part of this Bond. AND WHEREAS, concurrently with the issuance of this Performance Bond the Surety has issued a Labour and Material Payment Bond which names Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister Responsible for the Transportation Act, as Obligee (the L&M Payment Bond ). NOW THEREFORE, the conditions of this obligation are such that if the Principal shall well and faithfully observe and perform all the obligations on the part of the Principal to be observed and performed in connection with the Contract then this obligation shall be void; otherwise it shall remain in full force and effect, on the following conditions: 1. If the Obligee declares an Event of Default, as defined in the Contract, then upon written notice of same being given by the Obligee to the Surety the following will apply: (a) (b) if the work is not taken out of the Principal s hands, by the Obligee, the Obligee may require the Surety to remedy the default giving rise to the Event of Default, in which case the Surety shall cause the Principal to remedy the Event of Default within thirty (30) days of the date the Surety received the written notice from the Obligee or, if the Principal has not remedied the Event of Default, the Surety shall, subject to the Bond Amount, remedy the Event of Default within a further period of fifteen (15) days; and/or the Obligee may, whether or not the Contract is terminated, and whether or not the Contract is taken out of the Principal s hands by the Obligee, take reasonable steps to cure Schedule 1 Bonds R5.5 SA11

50 2 the Event of Default itself or to cause the Event of Default to be cured by other persons, and then make demand under this Bond for indemnification by the Principal and Surety for the costs thereof after making all reasonable adjustments and credits under the Contract, in which case the resulting cost, including but not limited to the costs of the Event of Default and administrative costs of the Obligee, determined by the Obligee, shall be paid by the Principal within thirty (30) days of demand by the Obligee or, failing payment by the Principal, shall be paid, subject to paragraph 2 of this Bond, by the Surety within the following fifteen (15) day period; and/or (c) the Obligee may take the Contract out of the Principal s hands, in which case: (i) (ii) if after written notice has been given to the Surety of the Event of Default, the Surety and the Obligee agree in writing, the Surety may complete or cause to be completed the Contract, through methods including, but not limited to using the employees, equipment and subcontractors of the Principal. absent such an agreement, (1) the Obligee will request proposals from not less than two maintenance contractors who are then performing highway maintenance services in other service areas in British Columbia; (2) the Obligee will, with consultation from the Surety, if requested by the Surety, evaluate all proposals PROVIDED THAT the final selection of a replacement contractor shall be within the sole discretion of the Obligee, after consultation with the Surety. If the Obligee considers the Event of Default to represent a material risk to public safety then the Obligee may take immediate steps to protect public safety by engaging others (the Emergency Forces ) to perform such services as the Obligee may reasonably decide are required for the purpose of ensuring services, works, safeguards, environmental protection and public safety are maintained and, further, to ensure that necessary work shall reasonably proceed with minimal interruption. The Obligee and the Surety will meet at the reasonable request of the Surety, to explore methods of completing the work under the Contract, including engaging a permanent replacement contractor pursuant to the provisions of Clause 1(c) of this Bond. The Emergency Forces may remain in place until a replacement contractor is appointed or until other arrangements for completing the work or the Contract, acceptable to the Obligee, are made by the Surety. Upon selection by the Obligee of a bidder acceptable to the Obligee, the Obligee will contract with such bidder. The Surety will pay, at the direction of the Obligee, not less frequently than every thirty (30) days, as work progresses, whether by Emergency Forces or by a replacement contractor or both, sufficient funds to pay by monthly instalments the difference between the cost of completion of all the obligations of the Principal under the Contract and the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the Bond Amount. The term balance of the Contract price as used in this Bond means the total amount payable by Specimen Bonds

51 3 the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal. 2. Unless otherwise agreed in writing by the Surety and the Obligee, all payments under this Bond will be made on a monthly basis such that within thirty (30) days of the end of any month for which a claim is made under this Bond, the Surety will pay to or at the direction of the Obligee: (a) the difference between: (i) (ii) the amount of the payment that would have been due from the Obligee to the Principal for that month pursuant to the Contract, but for the default of the Principal; and the amount paid by the Obligee to other contractors to complete the obligations of the Principal under the contract for that month. - and - (b) the reasonable additional and actual direct costs incurred by the Obligee to select and retain the other contractors required to complete the work of the Principal and to direct the completion of the work for that month. The cumulative total of the monthly payments will be subject to the final adjustment after the expiry of the original term of the Contract when all costs are known. 3. The requirement to make payment under this Bond will arise solely on the written demand for payment by the Obligee in respect of an Event of Default under the Contract or this Bond and the making of any payment under or pursuant to this Bond shall not be deemed to be an admission of liability on behalf of the Principal or Surety and will be made without prejudice to any right or cause of action which either or both the Principal or Surety may have against the Obligee. If payment has been made under or pursuant to the Bond by the Surety or if the Principal has paid to remedy the Event of Default or paid the Completion Costs, either the Principal or Surety may challenge the validity of the declaration of the Event of Default, the demand under this Bond, the accounting for Contract monies, the reasonableness or validity of the completion costs, or any other claim they may have relating to the Obligee s performance under the Contract and this Bond and make claim against the Obligee for damages. 4. Nothing herein contained shall release the Obligee from any duty to operate with the utmost good faith and to mitigate any costs or damages incurred as a result of the Event of Default. PROVIDED ALWAYS that the provision as to mitigation shall not be construed as requiring the Obligee to allow the Principal to complete the Contract. 5. Either or both the Principal or Surety may, by giving written notice to the Obligee within fourteen (14) days of receiving notice of an Event of Default from the Obligee, take the position that the notice of the Event of Default was wrongfully issued by the Obligee and claim for damages by suit, arbitration, or otherwise, provided however that neither delivery of such notice, nor any litigation, arbitration or other dispute resolution process, actual or contemplated, shall in any way delay Specimen Bonds

52 4 payment from the Principal or failing payment by the Principal then from the Surety, and any payment will be made without prejudice to the right of the Principal or Surety to pursue any claim against the Obligee by litigation, arbitration or otherwise. 6. If a Court of competent jurisdiction, or an arbitrator in any arbitration proceeding between the Obligee and any one or more of the Principal and Surety, where the agreement to arbitrate provides that the decision is to be final and binding on the parties, holds that funds are owing by the Obligee to the Principal or Surety in connection with the Contract or Bond, the Obligee shall, after the period for appeals has expired, provided no appeals have been filed, remit the amount of any judgement or award to either the Principal or the Surety, with interest as determined in accordance with the provisions of B.C. Regulation 215/83 entitled Interest on Overdue Accounts Payable Regulation, as amended from time to time from the date of such decision by the Court or arbitrator. Subject to the judgement or award, such payment obligation shall be without prejudice to any rights available to the Obligee. 7. The Obligee shall account for any unpaid Contract monies, including any holdback monies, relating to the Contract up to the date of the Event of Default as declared by the Obligee, which are payable to the Principal, and upon written notice from the Surety shall apply those monies: (a) (b) first, to pay for labour, material, equipment and services used by the Principal in the performance of the Contract prior to the Event of Default; second, to reimburse the Obligee for the difference between the cost of completion and the balance of the Contract price. Any excess and all remaining Contract monies shall be paid by the Obligee to the Surety. Subject to the terms of this Bond and the Bond Amount, the Surety shall be liable for and pay the Obligee for the difference between the cost of completion and the balance of the Contract price if the cost of completion exceeds the Contract price, and such other costs of completing the obligations of the Principal, including reasonable additional administrative costs of the Obligee, as determined by the Obligee, acting reasonably. 8. The Surety shall not be liable for any amount in excess of the Bond Amount. The Surety shall deliver to the Obligee timely notice of the amount from time to time paid under this Bond, and the Bond Amount shall be reduced by any amounts paid by the Surety to remedy or to cause to be remedied any Event of Default, notice of which has been provided by the Obligee to the Surety, with demand for payment, and by any amounts paid by the Surety under, or pursuant to its obligations under, this Bond. 9. The Obligee, whether or not an Event of Default has occurred or been declared, may advise the Surety in writing whenever: (a) (b) a Notice to Comply is issued by the Obligee to the Principal; the Obligee issues written notice of an Event of Default to the Principal pursuant to Section 18.2 of Article 18 of the Contract; or Specimen Bonds

53 5 (c) the Obligee retains any holdback from any payment which, but for the holdback and the Obligee s reason for the holdback, would be due to the Principal under the Contract. 10. Copies of the Notice to Comply, Notice of an Event of Default and Notice of Holdback may be provided to the Surety with the notice advising the Surety of same. Unless accompanied by a Declaration of Event of Default and a written demand by the Obligee to the Surety requiring the Surety to fulfil its obligations under the Bond, such advice and copies of such documents shall be considered to be for general information only and shall not constitute a declaration of an Event of Default nor a call upon this Bond. 11. The term of this Bond commences on the Commencement Date of the Contract, as defined in the Contract, beginning at 12:01 am pdt on the 23rd day of September, 2016 and ending after the expiration of two years from the date on which final payment under the Contract is due. 12. No suit or action shall be instituted by the Obligee against the Surety, or by the Surety or the Principal against the Obligee, under or pursuant to this Bond, after the expiration of two years from August 31, All notices and demands to be given to the Surety under this Bond shall be given to the Surety at the following address: (Name of Surety) (Address of Surety) Attention: IN WITNESS WHEREOF, the Principal, the Obligee and the Surety have Signed and Sealed this Bond this day of, 20. SIGNED AND SEALED in the presence of: For the Principal - Director For the Surety - Attorney in fact Authorized signatory for Her Majesty the Queen in Right of the Province of British Columbia as Represented by the Minister Responsible for the Transportation Act Specimen Bonds

54 OPTION A HIGHWAY MAINTENANCE SPECIMEN LABOUR AND MATERIAL PAYMENT BOND (British Columbia Government Form) No. Note: $ This Bond shall be issued by the Surety simultaneously with a Performance Bond in favour of the Obligee for the full and faithful performance of the contract. KNOW ALL PERSONS BY THESE PRESENTS THAT (CONTRACTOR NAME) as Principal, hereinafter called the Principal, and ( SURETY/INSURANCE COMPANY NAME AND ADDRESS) a corporation created and existing under the laws of Canada, and duly authorized to transact the business of Suretyship in Canada, as Surety (the Surety ), are, subject to the conditions hereinafter contained, held and firmly bound unto HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA AS REPRESENTED BY THE MINISTER RESPONSIBLE FOR THE TRANSPORTATION ACT, as Obligee (the Obligee ), for the use and benefit of the Claimants (as defined below), their and each of their heirs, executors, administrators, successors and assigns, in the amount of Four Million Dollars ($4,000,000) of lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract with the Obligee, dated the day of 20 for Highway Maintenance entitled Highway Maintenance Agreement Service Area 11 (the Contract ) which is incorporated by reference as part of this Bond. AND WHEREAS, concurrently with the issuance of this Bond, the Surety has issued a Performance Bond which names Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister Responsible for the Transportation Act, as Obligee (the Performance Bond ). NOW THEREFORE, the condition of this obligation is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant for the purpose of this Bond is defined as a person, firm or corporation having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract provided that a person, firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof, shall only be a Claimant to the extent of Specimen Bonds

55 2 the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract. The prevailing industrial value of equipment shall be determined, insofar as it is practical to do so, in accordance with and in the manner provided for in the latest revised edition of the publication of The Blue Book Equipment Rental Rate Guide prepared and published by the BC Road Builders & Heavy Construction Association as published prior to the period during which the equipment was used in the performance of the Contract. 2. The Principal and the Surety, hereby jointly and severally agree with the Obligee, that every Claimant who has not been paid as provided for under the terms of their contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may use the name of the Obligee to sue on and enforce the provisions of this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms of their contract with the Principal and have execution thereon subject to the following terms and conditions: the Obligee is not to be obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants, or any of them, to enforce the provisions of this Bond; and if any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding, shall be taken on the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof. 3. No suit or action shall be commenced hereunder by any Claimant: (a) unless such Claimant shall have given written notice, within the time limits hereinafter set forth, to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed and at least 90 days shall have past since the notice was given. Such notice shall be served by mailing the same by registered mail to the Principal, the Surety and the Obligee, at any place where an office is regularly maintained for the transaction of business by such persons or served in any manner in which legal process may be served in the Province or other part of Canada in which the subject matter of the contract is located. Such notice shall be given (1) in respect of any claim for the amount or any portion thereof, required to be held back from the Claimant by the Principal, under either the terms of the Claimant's contract with the Principal or under the builders lien legislation applicable to the Claimant's contract with the Principal (whichever is the greater), within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's contract with the Principal; (2) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour Schedule 1 Bonds R5.5 SA 11

56 3 or furnished the last of the materials for which such claim is made, under the Claimant's contract with the Principal; (b) (c) after the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract. other than in a Court of competent jurisdiction in a Province or Territory of Canada in which the subject matter of the contract, or any part thereof, is situated and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such Court. 4. The Surety agrees not to take advantage of Article 2365 of the Civil Code of the Province of Quebec in the event that, by an act or an omission of a Claimant, the Surety can no longer be subrogated to the rights, hypothecs and privileges of said Claimant. 5. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of Mechanics' Liens which may be filed of record against the subject matter of the contract, whether or not claim for the amount of such lien be presented under and against this Bond. 6. The Surety shall not be liable for a greater sum than the specified penalty of this Bond. 7. The term of this Bond is for the Term of the Contract, as defined in the Contract, beginning at 12:01 am pdt on the 23rd day of September, 2016 and ending at 12:00 midnight pdt on the 31 st of August IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond this day of, 20. SIGNED and SEALED In the presence of: For the Principal SEAL For the Surety Attorney-in-fact SEAL Schedule 1 Bonds R5.5 SA 11

57 4 OPTION B HIGHWAY MAINTENANCE SPECIMEN PERFORMANCE BOND No. $ KNOW ALL PERSONS BY THESE PRESENTS that (CONTRACTOR S NAME) as Principal, (the Principal ) and (SURETY/INSURANCE COMPANY NAME AND ADDRESS) a corporation created and existing under the laws of Canada, and duly authorized to transact the business of Suretyship in Canada, as Surety (the Surety ) are, subject to the conditions hereinafter contained, held and firmly bound unto HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA AS REPRESENTED BY THE MINISTER RESPONSIBLE FOR THE TRANSPORTATION ACT, as Obligee (the Obligee ), in the amount of Four Million Dollars ($4,000,000) (the Bond Amount ) lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a written contract with the Obligee, dated the day of (DATE),20 for Highway Maintenance entitled Highway Maintenance Agreement Service Area 11 (the Contract ) which is incorporated by reference as part of this Bond. AND WHEREAS, concurrently with the issuance of this Performance Bond the Surety has issued a Labour and Material Payment Bond which names Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister Responsible for the Transportation Act, as Obligee (the L&M Payment Bond ). NOW THEREFORE, the conditions of this obligation are such that if the Principal shall well and faithfully observe and perform all the obligations on the part of the Principal to be observed and performed in connection with the Contract then this obligation shall be void; otherwise it shall remain in full force and effect, on the following conditions: 1. If the Obligee declares an Event of Default, as defined in the Contract, then upon written notice of same being given by the Obligee to the Surety the following will apply: (a) if the work is not taken out of the Principal s hands, by the Obligee, the Obligee may require the Surety to remedy the default giving rise to the Event of Default, in which case the Surety shall cause the Principal to remedy the Event of Default within thirty (30) days of the date the Surety received the written notice from the Obligee or, if the Principal has not remedied the Event of Default, the Surety shall, subject to the Bond Amount, remedy the Event of Default within a further period of fifteen (15) days; and/or Schedule 1 Bonds R5.5 SA 11

58 5 (b) (c) the Obligee may, whether or not the Contract is terminated, and whether or not the Contract is taken out of the Principal s hands by the Obligee, take reasonable steps to cure the Event of Default itself or to cause the Event of Default to be cured by other persons, and then make demand under this Bond for indemnification by the Principal and Surety for the costs thereof after making all reasonable adjustments and credits under the Contract, in which case the resulting cost, including but not limited to the costs of the Event of Default and administrative costs of the Obligee, determined by the Obligee, shall be paid by the Principal within thirty (30) days of demand by the Obligee or, failing payment by the Principal, shall be paid, subject to paragraph 2 of this Bond, by the Surety within the following fifteen (15) day period; and/or the Obligee may take the Contract out of the Principal s hands, in which case: (i) (ii) if after written notice has been given to the Surety of the Event of Default, the Surety and the Obligee agree in writing, the Surety may complete or cause to be completed the Contract, through methods including, but not limited to using the employees, equipment and subcontractors of the Principal. absent such an agreement, (1) the Obligee will request proposals from not less than two maintenance contractors who are then performing highway maintenance services in other service areas in British Columbia; (2) the Obligee will, with consultation from the Surety, if requested by the Surety, evaluate all proposals PROVIDED THAT the final selection of a replacement contractor shall be within the sole discretion of the Obligee, after consultation with the Surety. If the Obligee considers the Event of Default to represent a material risk to public safety then the Obligee may take immediate steps to protect public safety by engaging others (the Emergency Forces ) to perform such services as the Obligee may reasonably decide are required for the purpose of ensuring services, works, safeguards, environmental protection and public safety are maintained and, further, to ensure that necessary work shall reasonably proceed with minimal interruption. The Obligee and the Surety will meet at the reasonable request of the Surety, to explore methods of completing the work under the Contract, including engaging a permanent replacement contractor pursuant to the provisions of Clause 1(c) of this Bond. The Emergency Forces may remain in place until a replacement contractor is appointed or until other arrangements for completing the work or the Contract, acceptable to the Obligee, are made by the Surety. Upon selection by the Obligee of a bidder acceptable to the Obligee, the Obligee will contract with such bidder. The Surety will pay, at the direction of the Obligee, not less frequently than every thirty (30) days, as work progresses, whether by Emergency Forces or by a replacement contractor or both, sufficient funds to pay by monthly instalments the difference between the cost of completion of all the obligations of the Principal under the Contract and the balance of the Contract price; but not exceeding, including other costs Schedule 1 Bonds R5.5 SA 11

59 6 and damages for which the Surety may be liable hereunder, the Bond Amount. The term balance of the Contract price as used in this Bond means the total amount payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal. 2. Unless otherwise agreed in writing by the Surety and the Obligee, all payments under this Bond will be made on a monthly basis such that within thirty (30) days of the end of any month for which a claim is made under this Bond, the Surety will pay to or at the direction of the Obligee: (c) the difference between: (i) (ii) the amount of the payment that would have been due from the Obligee to the Principal for that month pursuant to the Contract, but for the default of the Principal; and the amount paid by the Obligee to other contractors to complete the obligations of the Principal under the contract for that month. - and - (d) the reasonable additional and actual direct costs incurred by the Obligee to select and retain the other contractors required to complete the work of the Principal and to direct the completion of the work for that month. The cumulative total of the monthly payments will be subject to the final adjustment after the expiry of the original term of the Contract when all costs are known. 3. The requirement to make payment under this Bond will arise solely on the written demand for payment by the Obligee in respect of an Event of Default under the Contract or this Bond and the making of any payment under or pursuant to this Bond shall not be deemed to be an admission of liability on behalf of the Principal or Surety and will be made without prejudice to any right or cause of action which either or both the Principal or Surety may have against the Obligee. If payment has been made under or pursuant to the Bond by the Surety or if the Principal has paid to remedy the Event of Default or paid the Completion Costs, either the Principal or Surety may challenge the validity of the declaration of the Event of Default, the demand under this Bond, the accounting for Contract monies, the reasonableness or validity of the completion costs, or any other claim they may have relating to the Obligee s performance under the Contract and this Bond and make claim against the Obligee for damages. 4. Nothing herein contained shall release the Obligee from any duty to operate with the utmost good faith and to mitigate any costs or damages incurred as a result of the Event of Default. PROVIDED ALWAYS that the provision as to mitigation shall not be construed as requiring the Obligee to allow the Principal to complete the Contract. 5. Either or both the Principal or Surety may, by giving written notice to the Obligee within fourteen (14) days of receiving notice of an Event of Default from the Obligee, take the position that the notice of the Event of Default was wrongfully issued by the Obligee and claim for damages by suit, Schedule 1 Bonds R5.5 SA 11

60 7 arbitration, or otherwise, provided however that neither delivery of such notice, nor any litigation, arbitration or other dispute resolution process, actual or contemplated, shall in any way delay payment from the Principal or failing payment by the Principal then from the Surety, and any payment will be made without prejudice to the right of the Principal or Surety to pursue any claim against the Obligee by litigation, arbitration or otherwise. 6. If a Court of competent jurisdiction, or an arbitrator in any arbitration proceeding between the Obligee and any one or more of the Principal and Surety, where the agreement to arbitrate provides that the decision is to be final and binding on the parties, holds that funds are owing by the Obligee to the Principal or Surety in connection with the Contract or Bond, the Obligee shall, after the period for appeals has expired, provided no appeals have been filed, remit the amount of any judgement or award to either the Principal or the Surety, with interest as determined in accordance with the provisions of B.C. Regulation 215/83 entitled Interest on Overdue Accounts Payable Regulation, as amended from time to time from the date of such decision by the Court or arbitrator. Subject to the judgement or award, such payment obligation shall be without prejudice to any rights available to the Obligee. 7. The Obligee shall account for any unpaid Contract monies, including any holdback monies, relating to the Contract up to the date of the Event of Default as declared by the Obligee, which are payable to the Principal, and upon written notice from the Surety shall apply those monies: (a) (b) first, to pay for labour, material, equipment and services used by the Principal in the performance of the Contract prior to the Event of Default; second, to reimburse the Obligee for the difference between the cost of completion and the balance of the Contract price. Any excess and all remaining Contract monies shall be paid by the Obligee to the Surety. Subject to the terms of this Bond and the Bond Amount, the Surety shall be liable for and pay the Obligee for the difference between the cost of completion and the balance of the Contract price if the cost of completion exceeds the Contract price, and such other costs of completing the obligations of the Principal, including reasonable additional administrative costs of the Obligee, as determined by the Obligee, acting reasonably. 8. The Surety shall not be liable for any amount in excess of the Bond Amount. The Surety shall deliver to the Obligee timely notice of the amount from time to time paid under this Bond, and the Bond Amount shall be reduced by any amounts paid by the Surety to remedy or to cause to be remedied any Event of Default, notice of which has been provided by the Obligee to the Surety, with demand for payment, and by any amounts paid by the Surety under, or pursuant to its obligations under, this Bond. 9. The Obligee, whether or not an Event of Default has occurred or been declared, may advise the Surety in writing whenever: (a) a Notice to Comply is issued by the Obligee to the Principal; Schedule 1 Bonds R5.5 SA 11

61 8 (b) (c) the Obligee issues written notice of an Event of Default to the Principal pursuant to Section 18.2 of Article 18 of the Contract; or the Obligee retains any holdback from any payment which, but for the holdback and the Obligee s reason for the holdback, would be due to the Principal under the Contract. Copies of the Notice to Comply, Notice of an Event of Default and Notice of Holdback may be provided to the Surety with the notice advising the Surety of same. Unless accompanied by a Declaration of Event of Default and a written demand by the Obligee to the Surety requiring the Surety to fulfil its obligations under the Bond, such advice and copies of such documents shall be considered to be for general information only and shall not constitute a declaration of an Event of Default nor a call upon this Bond. 10. Although the term of the Contract is six years and 342 days, commencing on September 23, 2016 and ending on August 31, 2023, the term of this Bond is for the first three years and six months of the Contract only, beginning at 12:01 am pdt on the 23rd day of September, 2016, and ending at 12:00 midnight pdt on the 22 nd day of March, 2020, (the Initial Term ). The Initial Term may be extended, solely at the option of the Surety, for the remainder of the term of the Contract to the Expiry Date of the Contract (the Renewal Term ). No later than the last Working Day (as defined in the Contract) of the 36th month of the Initial Term, the Surety shall either: (i) (ii) advise the Obligee in writing that the Surety is electing not to extend this Bond and the L&M Payment Bond for the Renewal Term; or deliver to the Obligee an extension and amendment agreement duly executed by the Surety and the Principal extending the term of this Bond and the L&M Payment Bond for the Renewal Period. 11. If the Surety elects not to extend this Bond and the L&M Payment Bond for the Renewal Term and the Principal fails to deliver to the Obligee replacement bonds (as required by Section 9.16 of the Contract) within 60 days following the last Working Day of the 36 th month of the Initial Term, the Surety shall pay to the Obligee the sum of $50,000. Such payment, which for all purposes shall be deemed to be a payment pursuant to this Bond, shall be payable to the Obligee at the conclusion of the Initial Term or the day on which the Obligee terminates the Contract or takes the Contract out of the hands of the Principal, whichever occurs first. If the Principal delivers replacement bonds to the Obligee as set out above, neither the Surety nor the Principal shall be obligated to pay the $50,000 referred to above to the Obligee. The Surety s election not to extend this Bond and the L&M Payment Bond for the Renewal Term shall not constitute grounds for a claim under this Bond or the L&M Payment Bond notwithstanding that this may constitute an Event of Default by the Principal under the Contract. 12. If the Surety elects not to extend this Bond and the L&M Payment Bond for the Renewal Term the Principal and the Surety shall remain liable hereunder and in accordance with the terms hereof for all of the obligations of the Principal for the three years and six months of the Contract, exclusive, in the case of the Surety, of the obligation to provide replacement bonds for the remainder of the term of the Contract to the Expiry Date of the Contract. For greater certainty, this shall not relieve the Principal of its obligation to provide the replacement bonds as required by Section 9.16 of the Schedule 1 Bonds R5.5 SA 11

62 9 Contract. Moreover, the Surety s election not to renew this Bond and the L&M Payment Bond for the Renewal Term is not intended to diminish the Obligee s rights, as against the Principal only, for any breach of the Contract. 13. No suit or action shall be instituted by the Obligee against the Surety, or by the Surety or the Principal against the Obligee, under or pursuant to this Bond, after the expiration of two years from (a) the expiry of the Initial Term if the Surety elects not to extend this Bond and the L&M Payment Bond for the Renewal Term, or (b) the date on which final payment under the Contract is due, if the Surety elects to extend this Bond and the L&M Payment Bond for the Renewal Term, whichever is applicable. 14. The penal sum of this Bond is not and shall not be deemed to be cumulative in the event the Surety elects to extend this Bond for the Renewal Term. For greater certainty, the penal sum for the Renewal Term notwithstanding any claims or payments whatsoever under this Bond in place in the Initial Term, shall be $4,000, All notices and demands to be given to the Surety under this Bond shall be given to the Surety at the following address: (Name of Surety) (Address of Surety) Attention: IN WITNESS WHEREOF, the Principal, the Obligee and the Surety have Signed and Sealed this Bond this day of, 20. SIGNED AND SEALED in the presence of: For the Principal - Director For the Surety - Attorney in fact Authorized signatory for Her Majesty the Queen in Right of the Province of British Columbia as Represented by the Minister Responsible for the Transportation Act Schedule 1 Bonds R5.5 SA 11

63 OPTION B HIGHWAY MAINTENANCE SPECIMEN LABOUR AND MATERIAL PAYMENT BOND (British Columbia Government Form) No. Note: $ This Bond shall be issued by the Surety simultaneously with a Performance Bond in favour of the Obligee for the full and faithful performance of the contract. KNOW ALL PERSONS BY THESE PRESENTS THAT (CONTRACTOR NAME) as Principal, hereinafter called the Principal, and ( SURETY/INSURANCE COMPANY NAME AND ADDRESS) a corporation created and existing under the laws of Canada, and duly authorized to transact the business of Suretyship in Canada, as Surety (the Surety ), are, subject to the conditions hereinafter contained, held and firmly bound unto HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA AS REPRESENTED BY THE MINISTER RESPONSIBLE FOR THE TRANSPORTATION ACT, as Obligee (the Obligee ), for the use and benefit of the Claimants (as defined below), their and each of their heirs, executors, administrators, successors and assigns, in the amount of Four Million Dollars ($4,000,000) of lawful money of Canada, for the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract with the Obligee, dated the day of 20 for Highway Maintenance entitled Highway Maintenance Agreement Service Area 11 (the Contract ) which is incorporated by reference as part of this Bond. AND WHEREAS, concurrently with the issuance of this Bond, the Surety has issued a Performance Bond which names Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister Responsible for the Transportation Act, as Obligee (the Performance Bond ). NOW THEREFORE, the condition of this obligation is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant for the purpose of this Bond is defined as a person, firm or corporation having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract provided that a person, firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provides that all or any part of the rent is to be applied towards the purchase price thereof, shall only be a Claimant to the extent of Specimen Bonds

64 2 the prevailing industrial rental value of such equipment for the period during which the equipment was used in the performance of the Contract. The prevailing industrial value of equipment shall be determined, insofar as it is practical to do so, in accordance with and in the manner provided for in the latest revised edition of the publication of The Blue Book Equipment Rental Rate Guide prepared and published by the BC Road Builders & Heavy Construction Association as published prior to the period during which the equipment was used in the performance of the Contract. 2. The Principal and the Surety, hereby jointly and severally agree with the Obligee, that every Claimant who has not been paid as provided for under the terms of their contract with the Principal, before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may use the name of the Obligee to sue on and enforce the provisions of this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms of their contract with the Principal and have execution thereon subject to the following terms and conditions: the Obligee is not to be obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants, or any of them, to enforce the provisions of this Bond; and if any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding, shall be taken on the understanding and basis that the Claimants, or any of them, who take such act, action or proceeding shall indemnify and save harmless the Obligee against all costs, charges and expenses or liabilities incurred thereon and any loss or damage resulting to the Obligee by reason thereof. 3. No suit or action shall be commenced hereunder by any Claimant: (a) unless such Claimant shall have given written notice, within the time limits hereinafter set forth, to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed and at least 90 days shall have past since the notice was given. Such notice shall be served by mailing the same by registered mail to the Principal, the Surety and the Obligee, at any place where an office is regularly maintained for the transaction of business by such persons or served in any manner in which legal process may be served in the Province or other part of Canada in which the subject matter of the contract is located. Such notice shall be given (1) in respect of any claim for the amount or any portion thereof, required to be held back from the Claimant by the Principal, under either the terms of the Claimant's contract with the Principal or under the builders lien legislation applicable to the Claimant's contract with the Principal (whichever is the greater), within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's contract with the Principal; (2) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty (120) days after the date upon which such Claimant did, or performed, the last of the work or labour Schedule 1 Bonds R5.5 SA 11

65 3 or furnished the last of the materials for which such claim is made, under the Claimant's contract with the Principal; (b) after the expiration of one (1) year following the earlier of: (1) the expiry of the Initial Term (as defined below) if the Surety elects not to extend this Bond for the Renewal Term (as defined below); or (2) the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract. (c) other than in a Court of competent jurisdiction in a Province or Territory of Canada in which the subject matter of the contract, or any part thereof, is situated and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such Court. 4. The Surety agrees not to take advantage of Article 2365 of the Civil Code of the Province of Quebec in the event that, by an act or an omission of a Claimant, the Surety can no longer be subrogated to the rights, hypothecs and privileges of said Claimant. 5. The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of Mechanics' Liens which may be filed of record against the subject matter of the contract, whether or not claim for the amount of such lien be presented under and against this Bond. 6. The Surety shall not be liable for a greater sum than the specified penalty of this Bond. 7. Although the term of the Contract is six years and 342 days commencing on September 23, 2016 and ending on August 31, 2023, the term of this Bond is for the first three years and six months of the Contract only, beginning at 12:01 am pdt on the 23rd day of September, 2016, and ending at 12:00 midnight pdt on the 22 nd day of March, 2020, (the Initial Term ). The Initial Term may be extended, solely at the option of the Surety, for the remainder of the term of the Contract to the Expiry Date of the Contract (the Renewal Term ). No later than the last Working Day (as defined in the Contract) of the 36 th month of the Initial Term, the Surety shall either: (a) (b) advise the Obligee in writing that the Surety is electing not to extend this Bond and the Performance Bond for the Renewal Term; or deliver to the Obligee an extension and amendment agreement duly executed by the Surety and the Principal extending the term of this Bond and the Performance Bond for the Renewal Period. 8. If the Surety elects not to extend this Bond and the Performance Bond for the Renewal Term, the Principal and the Surety shall remain liable hereunder and in accordance with the terms hereof for all of the obligations of the Principal for the first three years and six months of the Contract. Schedule 1 Bonds R5.5 SA 11

66 4 9. The penal sum of this Bond is not and shall not be deemed to be cumulative in the event the Surety elects to extend this Bond and the Performance Bond for the Renewal Term. For greater certainty, the penal sum for the Renewal Term notwithstanding any claims or payments whatsoever under the Bond in place in the Initial Term, shall be $4,000,000. IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond this day of, 20. SIGNED and SEALED In the presence of: For the Principal SEAL For the Surety Attorney-in-fact SEAL Schedule 1 Bonds R5.5 SA 11

67 LABOUR AND MATERIAL PAYMENT BOND EXTENSION AND AMENDMENT AGREEMENT NO. HIGHWAY MAINTENANCE AGREEMENT SERVICE AREA 11 THIS AGREEMENT dated for reference the day of (the Reference Date ). BETWEEN AND AND [the surety s name here], a company authorized to carry on business in the Province of British Columbia (the Surety ) HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister Responsible for the Transportation Act (the Obligee ) [the contractor s name here], having its registered office (the Principal ) A. The Surety issued a Labour and Material Payment Bond ( L&M Bond ) simultaneously with a Performance Bond dated day 200@, [delete if inapplicable: as extended to day 20@@ by Extension and Amendment Agreement No. 1 dated day 20@@], in connection with the Highway Maintenance Agreement Service Area 11 between the Principal and the Obligee with a commencement date day 20@@, as amended from time to time [delete if inapplicable: and as extended by the Services Extension Agreement dated day 20@@], (together, the Contract ); B. Pursuant to the Contract, the Principal is obligated to maintain the L&M Bond in full force and effect during the Term; C The Surety elects to extend the L&M Bond for the months days of the Contract, (the Renewal Term ) and the Principal wishes to deliver to the Obligee, or cause the Surety to deliver to the Obligee, the unconditional written agreement of the Surety to extend and maintain the L&M Bond in full force and effect for the Renewal Term; D. The Surety, the Principal and the Obligee wish to amend the terms of the L&M Bond in accordance with the terms of this Agreement. NOW THEREFORE in consideration of the payment of $1.00 by the parties, each to the others, the receipt and sufficiency of which is hereby acknowledged by each party, the Surety, the Principal and the Obligee agree, and in the case of the Surety and the Principal, the Surety and the Principal jointly and severally agree as follows: Schedule 1 Bonds Extension and Amendment Agreement R5.5 SA 11

68 1. Unless otherwise expressly defined in this Agreement, the capitalized words in this Agreement have the meanings given to them in the Contract or in the L&M Bond, as the case may be. 2. This L&M Bond is extended to include the obligations on the part of the Principal to be observed and performed in connection with the Contract from and after 12:01 a.m. pacific time on [insert the former expiry date/current renewal date here], to and including 12:00 midnight pacific time on the extended expiry date here], 3. No suit or action will be instituted by the Obligee against the Surety, or by the Surety or the Principal against the Obligee, under or pursuant to this L&M Bond, after the expiration of one (1) year the date on which the Principal ceased work on the Contract, including work performed under any guarantees provided in the Contract as represented by the Minister of Transportation and Infrastructure. 4. Nothing in this Agreement will limit or reduce the liability of the Surety with respect to the obligations on the part of the Principal to be observed and performed to and including 12:01 a.m. pacific time on [insert former expiry date/ current renewal date here], in connection with the first years and months of the Contract. 5. The terms of the L&M Bond: (a) (b) as ratified, confirmed, amended and extended herein, remain in full force and effect as of the Reference Date of this Agreement; and will be deemed to be continuous as extended. 6. Time is of the essence of this Agreement and will remain of the essence of the L&M Bond, as extended and amended by this Agreement. 7. Notwithstanding the date of execution or delivery of this Agreement, the terms of this Agreement will be effective from the Reference Date of this Agreement. IN WITNESS WHEREOF the parties hereto have signed and sealed this Agreement by their duly authorized representatives and officers as follows: Authorized Signatory for the Surety Authorized Signatory for the Principal (c/s) (c/s) DATE DATE HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA as represented Schedule 1 Bonds Extension and Amendment Agreement R5.5 SA 11

69 by the Minister Responsible for the Transportation Act Authorized Signatory for the Obligee DATE Schedule 1 Bonds Extension and Amendment Agreement R5.5 SA 11

70 PERFORMANCE BOND EXTENSION AND AMENDMENT AGREEMENT No. HIGHWAY MAINTENANCE AGREEMENT SERVICE AREA 11 THIS AGREEMENT dated for reference the day of, 20 (the Reference Date ) BETWEEN AND [the surety s name here], a company authorized to carry on business in the Province of British Columbia (the Surety ) HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister Responsible for the Transportation Act (the Obligee ) [the contractor s name here], having its registered office (the Principal ) A. The Surety issued a Performance Bond ( Performance Bond ) simultaneously with a Labour and Material Payment Bond dated day 200@ [delete if inapplicable: as extended to day 20@@ by Extension and Amendment Agreement No. 1 dated day 20@@] ( L&M Bond ), in connection with the Highway Maintenance Agreement Service Area 11 between the Principal and the Obligee with a commencement date day 20@@ [delete if inapplicable: and as extended by the Services Extension Agreement dated day 20@@], (the Contract ); B. Pursuant to the Contract, the Principal is obligated to maintain the Performance Bond in full force and effect during the Term; C. The Surety elects to extend the Performance Bond for the days of the Contract (the Renewal Term ) and the Principal wishes to deliver to the Obligee, or cause the Surety to deliver to the Obligee, the unconditional written agreement of the Surety to extend and maintain the Performance Bond in full force and effect for the Renewal Term; F. The Surety, the Principal and the Obligee wish to amend the terms of the Performance Bond in accordance with the terms of this Agreement. NOW THEREFOR in consideration of the payment of $1.00 by the parties, each to the others, the receipt and sufficiency of which is hereby acknowledged by each party, the Surety, the Principal and the Obligee agree, and in the case of the Surety and the Principal, the Surety and the Principal jointly and severally Schedule 1 Bonds Extension and Amendment Agreement R5.5 SA 11

71 agree as follows: 1. Unless otherwise expressly defined in this Agreement, the capitalized words in this Agreement have the meanings given to them in the Contract or in the Performance Bond, as the case may be. 2. The Performance Bond is extended to include the obligations on the part of the Principal to be observed and performed in connection with the Contract from and after 12:01 a.m. pacific time on the former expiry date here] to and including 12:00 midnight pacific time on the new expiry date here] in connection with the Contract. 3. Nothing in this Agreement will limit or reduce the liability of the Surety with respect to the obligations on the part of the Principal to be observed and performed to and including 12:01 a.m. pacific time on in connection with the first years and months of the Contract. 4. The terms of the Performance Bond: (a) (b) as ratified, confirmed, amended and extended herein, remain in full force and effect as of the Reference Date of this Agreement; and will be deemed to be continuous as extended. 5. Time is of the essence of this Agreement and will remain of the essence of the Performance Bond, as extended and amended by this Agreement. 6. Notwithstanding the date of execution or delivery of this Agreement, the terms of this Agreement will be effective from the Reference Date of this Agreement. IN WITNESS WHEREOF the parties hereto have signed and sealed this Agreement by their duly authorized representatives and officers as follows: Authorized Signatory for the Surety Authorized Signatory for the Principal HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA as represented by the Minister Responsible for the Transportation Act Authorized Signatory for the Obligee (c/s) (c/s) DATE DATE DATE Schedule 1 Bonds Extension and Amendment Agreement R5.5 SA 11

72 SCHEDULE 2 ANNUAL ADJUSTMENT PROCESS Definitions 1. In this Schedule, unless the context otherwise requires: (a) (b) Annual Average means a 12 month average of an index for a consecutive 12 month period beginning January 1 and ending December 31; "Changes to Infrastructure Adjustment Factor" means, in respect of a Contract Year: (i) an amount equivalent to the Daily Price for the immediately preceding Contract Year which would have resulted (calculated in accordance with the provisions of Schedule 7 ( Price for Changes to Infrastructure )) based on the assumptions that: (A) (B) (C) any changes to the Infrastructure made by the Province during that immediately preceding Contract Year under section 6.1 of this Agreement were made on the first day of that immediately preceding Contract Year; the 2% threshold set out in sections 6.3 and 6.4 of this Agreement were not operative; and no adjustment in the Annual Price applicable to that immediately preceding Contract Year was made pursuant to Article 6 of this Agreement; divided by (ii) an amount equivalent to the Daily Price for the immediately preceding Contract Year which would have resulted (calculated in accordance with the provisions of Schedule 7 ( Price for Changes to Infrastructure )) based on the assumptions that: (A) (B) there were no changes to the Infrastructure made by the Province during that immediately preceding Contract Year under section 6.1 of this Agreement; and no adjustment in the Annual Price applicable to that immediately preceding Contract Year was made pursuant to Article 6 of this Agreement expressed as a percentage; (c) (d) "Changes to Maintenance Services" means, in respect of a Contract Year, an amount equivalent to the value of the changes to Maintenance Services for the immediately preceding Contract Year which would have resulted (calculated in accordance with provisions of section 7.5 of this Agreement) based on the assumptions that any changes to the Maintenance Services made by the Minister during that immediately preceding Contract Year under Article 7 of this Agreement were made on the first day of that immediately preceding Contract Year; Fuel Component means the portion of the Annual Price assumed to represent fuel costs, measured using the Annual Average of Industry Price Indexes for Non-Metallic Mineral Products and Schedule 2 Annual Adjustment Schedule R5.5 SA11

73 2 Petroleum and Coal Products, by regions; British Columbia; Diesel Fuel available from the CANSIM database and made available by Statistics Canada in Table in respect of a calendar year, or, if not available, such other similar index selected by the Province after consultation with B.C. Road Builders and Heavy Construction Association. The year over year percentage change for the Fuel Component of the Price Adjustment Factor will be calculated using the data from the preceding two calendar years as illustrated in the sample calculation in Appendix C and drawn from CANSIM within 10 business days of the date the Labour Component is drawn as outlined in Section 1(f) of this Schedule; (e) Insurance Premium Adjustment Value means 80% of any increase/decrease in the annual insurance premium costs as indicated in the completed Insurance Premium Adjustment Form delivered by the Contractor pursuant to Section 15.7(b) of this Agreement compared to the Insurance Premium Quote or the annual insurance premium amount verification delivered by the Contractor pursuant to Section 15.7(b) of this Agreement for the immediately preceding Contract Year, as the case may be, subject to the Province determining the following to its satisfaction: (i) (ii) that any such increase reflects a general increase in the annual premiums for such insurance based on the availability or otherwise of alternative quotes that may be obtained on a competitive basis for the renewal or replacement of such insurance; and/or that the initial amount of the Insurance Premium Quote(s) or any subsequent annual premium amounts delivered under Section 15.7(b) of this Agreement was not based solely or in part on an agreement or arrangement, written or otherwise, by any person to artificially adjust such amounts. The Province will be entitled to request whatever documents or information it may deem fit, including but not limited to statutory declarations and certificates of a senior officer in a form determined by the Province, from the Contractor and insurer(s) involved, as part of the above determinations. (f) (g) "Labour Component" means the portion of the Annual Price assumed to represent labour costs, measured using the Annual Average of the Fixed-weighted Index of Average Hourly Earnings for all employees (SEPH), excluding overtime, unadjusted for seasonal variation, for selected industries classified under the North American Industry Classification System (NAICS); British Columbia; Industrial Aggregate excluding unclassified businesses available from the CANSIM database and made available by Statistics Canada in Table in respect of a calendar year, or, if not available, such other similar wage index selected by the Province after consultation with B.C. Road Builders and Heavy Construction Association. The Province, upon its annual receipt of Statistics Canada's letter of the revised official statistics for Table , will calculate the year over year percentage change for the Labour Component of the Price Adjustment Factor, using the data from the preceding 2 calendar years pursuant to the sample calculation in Appendix C of this Schedule; "Price Adjustment Factor" means, in respect of a calendar year, the aggregate of: (i) 47% of: (A) the Fixed-weighted Index of Average Hourly Earnings for the immediately preceding calendar year minus Schedule 2 Annual Adjustment Schedule R5.5 SA11

74 3 (B) the Fixed-weighted Index of Average Hourly Earnings for the calendar year immediately preceding the calendar year described in clause (A) of this subparagraph (i) divided by the Fixed-weighted Index of Average Hourly Earnings for the calendar year immediately preceding the calendar year described in clause (A) of this subparagraph (i); and (ii) 8% of: (A) the Annual Average of Industry Price Indices for Non-Metallic Mineral Products and Petroleum and Coal Products for the immediately preceding calendar year minus (B) the Annual Average of Industry Price Indices for Non-Metallic Mineral Products and Petroleum and Coal Products for the calendar year immediately preceding the calendar year described in clause (A) of this subparagraph (ii) divided by the Annual Average of Industry Price Indices for Non-Metallic Mineral Products and Petroleum and Coal Products for the calendar year immediately preceding the calendar year described in clause (A) of this subparagraph (ii); and (iii) 38% of: (A) the Annual Average of the Non-Residential Building Construction Price Index for Vancouver, British Columbia for the immediately preceding calendar year minus (B) the Annual Average of the Non-Residential Building Construction Price Index for Vancouver, British Columbia for the calendar year immediately preceding the calendar year described in clause (A) of this subparagraph (iii) divided by the Annual Average of the Non-Residential Building Construction Price Index for British Columbia for the calendar year immediately preceding the calendar year described in clause (A) of this subparagraph (iii). (h) "Residual Component" means the portion of the Annual Price assumed to represent the remainder of the Contractor s variable costs in this Agreement, measured using the Annual Average of the Non- Residential Building Construction Price Index for Vancouver, British Columbia made available by Statistics Canada in Table in respect of a calendar year, or, if not available, such other similar wage index selected by the Province after consultation with B.C. Road Builders and Heavy Construction Association. The year over year percentage change for the Residual Component of the Price Adjustment Factor will be calculated and drawn from Statistics Canada within 10 business days of the date the Labour Component is drawn using the data from the preceding two Schedule 2 Annual Adjustment Schedule R5.5 SA11

75 4 calendar years pursuant to the sample calculation in Appendix C, as outlined in Section 1(f) of this Schedule; Calculation of the Price Adjustment Factor 2. The Province will, by no later than the end of the month of April (of each calendar year) or as soon as reasonably practicable after receipt of the revised official statistics for Table referenced in Section 1(f) of this Schedule: (a) (b) calculate the Price Adjustment Factor for the calendar year; and provide to the Contractor copies of the calculations. 3. One sample Price Adjustment Factor calculation is set out in Appendix B of this Schedule. Calculation of Other Adjustments 4. By no later than the beginning of each Contract Year of this Agreement, the Province will: (a) (b) (c) (d) (e) (f) calculate the Changes to Infrastructure Adjustment Factor and the value of the Changes to Maintenance Services for the Contract Year; calculate the Adjusted Annual Price for the Contract Year in accordance with the formula set out in Appendix A of this Schedule; if the Changes to Infrastructure Adjustment Factor for the Contract Year is other than zero, calculate the revised quantities of Quantified Maintenance Services for the Contract Year by adjusting the quantity of Quantified Maintenance Services in effect at the beginning of the immediately preceding Contract Year by the Changes to Infrastructure Adjustment Factor; calculate the revised Unit Prices and Total Lump Sum Value applicable to Quantified Maintenance Services for the Contract Year by adjusting the Unit Prices and the Total Lump Sum Value applicable to Quantified Maintenance Services in effect at the beginning of the immediately preceding Contract Year, subject to any changes to those Unit Prices and Total Lump Sum Value determined during that immediately previous Contract Year in accordance with Schedule 5 ( Quantified Maintenance Services ) of this Agreement, by the Price Adjustment Factor; calculate the daily and yearly rates for Schedule 7 ( Rates for Changes to Infrastructure ) for the Contract Year by adjusting the daily and yearly rates in effect at the beginning of the immediately preceding Contract Year by the Price Adjustment Factor; and calculate the Automated Weather Station Fee pursuant to Part 2 of Schedule 15 ( Automated Weather Stations ) for the Contract Year by adjusting the Automated Weather Station Fee in effect at the beginning of the immediately preceding Contract Year by the Price Adjustment Factor. Schedule 2 Annual Adjustment Schedule R5.5 SA11

76 Provision of Calculations and Notice of Fees Adjustments 5 5. The Province will provide to the Contractor copies of the calculations described in Section 4 of this Schedule forthwith upon the completion of the calculations. Calculation Disagreements 6. If the Contractor should disagree with any of the calculations, the Contractor may: (a) (b) within 30 days of receipt of the calculations, notify the Province in writing of its disagreement, specifying the reasons therefor; and if the parties have not resolved the disagreement within 30 days of notification being given under Subsection 6(a) of this Schedule, the Province will refer the disagreement to Arbitration pursuant to Article 19 of this Agreement, which Arbitration will be conducted by an independent professional accountant. Delivery of Revised Schedules and Tables 7. As soon as reasonably practicable after the calculations described in Section 4 of this Schedule become final and binding after 30 days pursuant to section 6 of this Schedule or Article 19 of this Agreement, the Province will prepare and deliver to the Contractor revised: (a) (b) (c) Appendix A of Schedule 5 ( Quantified Maintenance Services"); Appendix A of Schedule 7 ( Rates for Changes to Infrastructure ); Appendix A Automated Weather Station Fee of Schedule 15 ( Automated Weather Station ); and Rounding (d) Appendix A Highways, Appendix B Structures, Appendix C Rest Areas of Schedule 8 ( Infrastructure ), reflecting those calculations and adjusted fees as applicable. 8. (a) (b) (c) The numbers used in any of the calculations made in accordance with this Schedule and the numbers resulting from the calculations made under sections 2(a) and 4(a) of this Schedule will be rounded, as necessary, to 5 decimal places; The numbers resulting from the calculations made under sections 4(b), (d) and (e) of this Schedule will be rounded, as necessary, to 2 decimal places; and The numbers resulting from the calculations made under sections 4(c) and (f) of this Schedule will be rounded to whole numbers. Schedule 2 Annual Adjustment Schedule R5.5 SA11

77 6 Changes in Bases of Indices 9. If any of the indices used as proxies for the Labour, Fuel or Residual Components for a calendar year is published with a different base from that of the previous calendar year, the Province may adjust the affected value of the index so that the value of the index for each calendar year has a common base prior to including the value of the index in the calculation of the Price Adjustment Factor. Schedule 2 Annual Adjustment Schedule R5.5 SA11

78 7 APPENDIX A (TO SCHEDULE 2) Adjusted Annual Price Formula 1. The formula for calculating the Adjusted Annual Price for a Contract Year under section 4 (b) of this Schedule is: [(A-i) x B x C] + i +/- D +/- E where the letters in this formula have the following meanings: A i B C D E equals the Annual Price for the immediately preceding Contract Year prior to the making of any adjustments during that immediately preceding Contract Year pursuant to Articles 6 or 7 of this Agreement; equals Insurance Premium Quote for the immediately preceding Contract Year; equals the Changes to Infrastructure Adjustment Factor for the Contract Year; equals the Price Adjustment Factor for the last calendar year ending prior to the beginning of the Contract Year; is the Insurance Premium Adjustment Value which will be added to the formula in years where it represents an increase and subtracted from the formula in years where it represents a decrease; and equals the value for Changes to Maintenance Services for the Contract Year; 2. A sample calculation of the Adjusted Annual Price is set out in Appendix C attached to this Schedule. Schedule 2 Annual Adjustment Schedule R5.5 SA11

79 8 APPENDIX B (TO SCHEDULE 2) Sample Price Adjustment Factor Calculation (1) 2014 COMPONENT % Change % Weighting Inflation Labour Component (2) % % Fuel Component (3) % % Residual Component (4) % % Total Percentage 93% (5) % Price Adjustment Factor ( ) (1) This sample calculation is for illustrative purposes only. (2) Source: Statistics Canada, CANSIM database (V ) Table , Industrial Aggregate excluding unclassified businesses Fixed-weighted Index of Average Hourly Earnings for all employees (Survey of Employment, Payrolls and Hours or SEPH), excluding overtime, unadjusted for seasonal variation, for selected industries classified under the North American Industry Classification System (NAICS) in British Columbia. (3) Source: Statistics Canada, CANSIM database (V ) Table , Annual Average of Industry Price Indexes for Non-Metallic Mineral Products and Petroleum and Coal Products, by regions; British Columbia. (4) Source: Statistics Canada, CANSIM database (V ) Table , Non-residential building construction by class of structure; Vancouver, British Columbia (Quarterly). (5) The Price Adjustment Factor is an annual adjustment for variable costs only. The Province estimates that the variable costs are 93% of the total costs. These variable costs are outside the direct control of the Contractor and specifically exclude fixed costs which take the form of overhead and profit. Please Note: CANSIM data is available free of charge and can be accessed using the following link: Schedule 2 Annual Adjustment Schedule R5.5 SA11

80 9 APPENDIX C (TO SCHEDULE 2) Sample Adjusted Annual Price Calculation Description Action Amount Ref Annual Price for the immediately preceding Contract Year $12,000, A Insurance Premium Quote for the immediately preceding Contract Year Subtract (-) $100, i Sub-total Equals (=) $11,900, Changes to Infrastructure Adjustment Factor Multiply (x) 0.99 B Price Adjustment Factor (refer to Appendix B) Multiply (x) C Insurance Premium Quote for the immediately preceding Contract Year Add (+) $100, i Sub-total Equals (=) $11,978, New Insurance Premium Quote $150, LESS preceding year Insurance Premium Quote -$100, Net difference in Insurance Premium Quote $50, Insurance Premium Adjustment Value Add (+) $40, D ($50, x 0.80 = $40,000.00) Changes to Maintenance Services Add (+) $10, E Adjusted Annual Price $12,028, The numbers used in this sample calculation are for illustrative purposes only. Schedule 2 Annual Adjustment Schedule R5.5 SA11

81 10 APPENDIX D (TO SCHEDULE 2) Insurance Premium Adjustment Form Basic Information: This form is to be completed by an authorized representative of the insurer Contractor: Name of Insurance Broker: Service Area/Contract Description: Contract Term: Adjustment Year: Contract Year ( ) to Year ( ) From (yyyy/mm/dd) To (yyyy/mm/dd) From (yyyy/mm/dd) To (yyyy/mm/dd) General Liability Coverage: Required Limit of Liability $ Primary Excess Insurer Premium Quote TOTAL Approvals: Signature of Authorized Representative of Insurer Company Name Name of Authorized Representative of Insurer (Printed) Date (yyyy/mm/dd) NOTE: This form is to be submitted in accordance with subsection 15.7(b) of this Agreement. Schedule 2 Annual Adjustment Schedule R5.5 SA11

82 SCHEDULE 3 MAINTENANCE SERVICES FEE PART 1 - MAINTENANCE SERVICES - ANNUAL PRICE AND PAYMENT 1. The Annual Price or Adjusted Annual Price applicable to a Contract Year is the maximum amount payable by the Province to the Contractor for provision of Maintenance Services during that Contract Year, as amended every Contract Year. 2. In consideration of the Maintenance Services being performed hereunder by the Contractor, in strict conformity herewith and to the satisfaction of the Province, the Province will pay the Contractor as follows: (a) (b) In the First Contract Year the QMS Payment will be made on the date of the first monthly installment of the Annual Price. In a subsequent Contract Year, if the Contractor is in compliance with its obligations pursuant to sections 15.6, 17.3 and 17.4 of this Agreement for the immediately preceding Contract Year, the QMS Payment will be made by the Minister to the Contractor on the date of the first monthly installment of the Adjusted Annual Price. In a Contract Year in which a QMS Payment is made, the remaining Annual Price or Adjusted Annual Price (as the case may be) from which the QMS Payment has been subtracted, will be paid in equal monthly installments, in arrears; and If in a Contract Year the QMS Payment is not made because the Contractor did not, in the immediately preceding Contract Year, fully comply with its obligations pursuant to sections 15.6, 17.3 and 17.4 of this Agreement, the Contractor will not receive the QMS Payment in the first monthly installment for that current Contract Year but it will be paid the full Adjusted Annual Price in equal monthly installments, in arrears. 3. The Contractor will not be entitled to any additional compensation, notwithstanding the quantities of Quantified Maintenance Services and Routine Maintenance Services performed by the Contractor during the Contract Month corresponding to the applicable monthly payment. 4. Subject to Part 2 of this Schedule, the final monthly payment due under this Part 1, for the last Contract Month of the Term, will be paid 15 days after the end of the Term. Schedule 3 Maintenance Services Fees R5.5 SA 11

83 2 PART 2 - FINAL PAYMENT HOLDBACK 5. The Province may: (a) (b) retain as a holdback up to the full amount of the final monthly payment due under Part 1 of this Fee Schedule if, as of the due date of that payment the Minister is not satisfied that all work required to be performed by the Contractor under this Agreement during the Term has been completed; and apply all or part of the amount retained as a holdback under subsection 5(a) to the cost to the Province of completing any work which the Contractor failed to perform during the Term, prior to paying any remaining balance of that amount to the Contractor. 6. No interest will be payable by the Province on any amount retained as a holdback in accordance with section 5 of this Schedule Schedule 3 Maintenance Services Fees

84 SCHEDULE "4" CONTRACTOR DETAIL Complete Corporate or Partnership Name: Jurisdiction of Incorporation or Registration: Incorporation or Registration No.: Date of Incorporation or formation of Partnership: Directors Name Address Officers Name Office Held Authorized Share Capital: Schedule 4 Contractor Detail R5.5 SA11

85 - 2 - Special Rights applicable to each class of authorized share capital: Voting Agreements: Encumbrances: Shareholders/Partners Name Address No. of Shares Held (legally and/or beneficially) / Partnership in a % *if any of the Partners are corporate entities then a separate Schedule 4 for each corporate partner must be completed and delivered in accordance with paragraph 11.1(t) of the Maintenance Agreement.

86 SCHEDULE 5 QUANTIFIED MAINTENANCE SERVICES 1. Quantified Maintenance Services Delivery 1.1 Subject to subsection 1.2, the Contractor will perform the Quantified Maintenance Services to the total value of Quantified Maintenance Services set forth in Appendix A of this Schedule for the Contract Year. The parties to this Agreement acknowledge that there will be reallocations to the items comprising the Quantified Maintenance Services every Contract Year to meet the needs of the Infrastructure as circumstances require and develop, pursuant to subsection 2.1(d) below and the terms of this Schedule, although the total value of Quantified Maintenance Services set forth in Appendix A of this Schedule will be unchanged, subject to the provisions of Articles 6 and 12 of this Agreement. Appendix A will be replaced for each Contract Year in accordance with the provisions of Schedule 2 ( Annual Adjustment Process ) and at every instance when a reallocation occurs in accordance with the provisions of subsection 6.3(b). 1.2 If requested by the Contractor, the Minister may agree in writing to: (a) (b) carry forward the value of unperformed Quantified Maintenance Services for a Contract Year into the next Contract Year, the value of which is not to exceed 5% of the total value of Quantified Maintenance Services in Appendix A of Quantified Maintenance Services for that Contract Year in which it was not performed; and claw back from the current Contract Year the value of the Quantified Maintenance Services performed in the immediately preceding Contract Year that exceeded the total value of Quantified Maintenance Services in Appendix A of Quantified Maintenance Services for that immediately preceding Contract Year by up to 5%. The Minister will not agree to a further extension of the time periods set out in subsections 1.2(a) and 1.2(b). 1.3 If, as a result of one or more re-allocations by the parties under subsection 2.1(d) during a Contract Year, the quantity of any particular Unit Price Item of Quantified Maintenance Services, to be performed during that Contract Year, changes by more than 20%, whether positive or negative in nature, from the quantity specified in this Schedule 5 ( Quantified Maintenance Services ), then: (a) (b) (c) either party under this Agreement may, by written notice to the other party, request that a new Unit Price for the item subject to that change be determined by the parties; upon a notice being given under subsection 1.3(a), the parties under this Agreement will enter into good faith negotiations to determine a new Unit Price for that item; any new Unit Price determined under this section will only be in effect from the date of the re-allocation which triggered the application of this section until the end of the Contract Year in which that re-allocation took place; and Schedule 5 Quantified Maintenance Services R5.5 SA 11

87 (d) in the event the parties do not agree on the new Unit Price, either party to this Agreement may elect to invoke section 19.4 of this Agreement. For greater certainty, any re-allocation to the Quantified Maintenance Services and any new Unit Price(s) established by this section 1.3 in a Contract Year will not affect the total value of the Quantified Maintenance Services for that Contract Year. 1.4 Appendix A of this Schedule includes work items that are Unit Price Items that include quantities and Lump Sum Items that do not include quantities. Unit Prices are those prices bid by the Contractor in its proposal to the RFP for each Unit Price Item. The Lump Sum Value for each Lump Sum Item is negotiated by the parties for each Contract Year. The Total Lump Sum Value and the Unit Prices will be adjusted in accordance with Schedule 2 ( Annual Adjustment Process ) and additionally for Unit Prices only, in accordance with a re-allocation pursuant to sections 1.3. The parties understand that all Unit Price Items and Lump Sum Items together must equal the total value of Quantified Maintenance Services in Appendix A for the Contract Year; the Minister may, in its sole discretion, allocate a portion of the Total Lump Sum Value to Unit Price Items in any given Contract Year by 30 days written notice to the Contractor. 1.5 Lump Sum Values and Unit Prices are inclusive of, but are not limited to: Traffic Management, required permits, consents and authorities issued by any level of government or agencies of government, time, labour, materials, equipment, mobilization, subcontracting, professional consultants, overhead, profit, general supervision, occupation tax and any other federal or provincial revenue legislation (exclusive of GST), premiums for insurance policies, bonding, costs for the use of all tools and equipment, and all costs included by the Contractor in supplying the materials. 2. Quantified Work Plan 2.1 The Quantified Work Plan, which is developed jointly between the parties under this Agreement and to the satisfaction of the Minister, will take into consideration the forecasted Infrastructure requirements of the Service Area for the applicable Contract Year, and will be delivered by the Contractor to the Minister as follows: (a) (b) (c) (d) by no later than 30 days after the Commencement Date, for the First Contract Year; each year thereafter on or before an Anniversary Date (or such other date agreed in writing by the parties) for the Contract Year commencing on that Anniversary Date; as soon as reasonably practicable within the current Contract Year, if revisions to the Quantified Work Plan are indicated due to factors that include changed conditions or changes to the needs of the Infrastructure; and the parties under this Agreement may agree to reallocate the quantities for specific Unit Price Items within the Quantified Maintenance Services for a given Contract Year. However, failing agreement of the reallocation based on a value for value basis pursuant to the Unit Prices Items set out in Appendix A of this Schedule, the Minister may decide and impose a reallocation on 30 days written notice to the Contractor. A reallocation of Schedule 5 Quantified Maintenance Services R5.5 SA 11

88 specific items hereunder is final and binding and is not subject to arbitration or dispute resolution, and will terminate at the end of the Contract Year in which it was made. 2.2 Each Contract Year, in the preparation of the Quantified Work Plan, the Contractor will include the Unit Price Items indicating the planned work activities for the performance of those Unit Price Items. 2.3 Each Contract Year, the Contractor will prepare a detailed estimate for each Lump Sum Item for the Minister s approval, in conjunction with the preparation of the Quantified Work Plan. Furthermore, the Contractor will, at the Minister s written request, prepare revised estimates in a timely manner for the Minister s approval during the Contract Year. The detailed estimate must break down each Lump Sum Item by the activities that comprise the Lump Sum Item, and by labour, equipment, materials, subcontractors and other costs. In the event the parties to this Agreement do not agree on the detailed estimate, whether in whole or in part, the Minister may direct the Contractor, by written notice, to perform some or all Lump Sum Items at cost with no markup for overhead or profit. 2.4 When the Quantified Work Plan is submitted by the Contractor to the Minister for acceptance, the Minister will, as soon as reasonably practicable, and in any event not later than 10 Working Days after receiving the proposed plan, formally advise the Contractor whether the plan is acceptable to the Minister and, if not, in what respects it is not acceptable. No acceptance or approval of the Quantified Work Plan by the Minister will be construed as evidence that the Quantified Work Plan or any part of it is complete, satisfactory, or is in compliance with this Agreement if there is subsequent evidence to the contrary that it is not. 2.5 If the Contractor does not deliver the Quantified Work Plan by the applicable date as specified in section 2.1, or if the Quantified Work Plan is not acceptable to the Minister, the Minister may impose on the Contractor a Quantified Work Plan by delivering to the Contractor a copy of the Quantified Work Plan as prepared by the Minister. 2.6 In each Contract Year, the Contractor will deliver to the Minister monthly summaries of Quantified Maintenance Services pursuant to section 15.4(b) of this Agreement. Schedule 5 Quantified Maintenance Services R5.5 SA 11

89 APPENDIX A (TO SCHEDULE 5) QUANTIFIED MAINTENANCE SERVICES PLAN FRAMEWORK Maintenance Specification Quantified Maintenance Services Activity Number Unit of Measure Quantites for Unit Price Items Unit Price Contract Year 1 Lump Sum Value Total Highway Pavement Patching and Crack Sealing Overlay Patch @ replacement patch @ spray patch @ Crack Sealing @ Crack Filling @ Highway Surface Aggregate Sealcoating surface treatment @ Highway and Shoulder Grading and Reshaping Gravel surface Grading (Re-shape) 130P @ Gravel surface Grading 130Q @ Shoulder Grading 160P @ Dust Control and Base Stabilization base stabilization @ dust control @ Highway Surface and Shoulder Gravelling gravelling crush @ gravelling - pit run @ Shoulder gravelling @ Road Base Maintenance Road Base repair @ Surface Cleaning sweeping 180M @ pick-up 180N @ Cattleguard Maintenance cattleguard new installation 200M ea LS LS LS LS cattleguard replacement 200N ea LS LS LS LS Curb, Island and Barrier Maintenance Roadside concrete barriers @ Median concrete barriers @ machine-laid asphalt curb 220P @ machine-laid concrete curb 220R @ spillways @ Safety Devices 220T ea LS LS LS LS Ditch Maintenance ditch construction (new and reconstruct) 250M lin m LS LS LS LS ditch maintenance (machine) 250P @ ditch maintenance (localized) @ grader ditching 250Q @ Drainage Appliance Maintenance catch basin (metal) 260K ea LS LS LS LS catch basin (concrete) 260L ea LS LS LS LS culvert install (to 400mm) max. 2m height of cover from the top of culvert at measured at the centre line of road 260M @ culvert install (to 400mm) 260N lin m LS LS LS LS culvert install (401mm to 600mm) max. 2m height of cover from the top of culvert at measured at the centre line of road 260O @ culvert install (401mm to 600mm) 260P lin m LS LS LS LS culvert install (601mm to 1200mm) max. 2m height of cover from the top of culvert at measured at the centre line of road 260Q @ culvert install (601mm to 1200mm) 260R lin m LS LS LS LS culvert install (1201mm to 3000mm) 260S lin m LS LS LS LS culvert inserts 260T lin m LS LS LS LS Flume install (to 400mm) 260U lin m LS LS LS LS Flume install (401mm to 600mm) 260V lin m LS LS LS LS Flume install (601mm to 1200mm) 260W lin m LS LS LS LS Flume install (1201mm to 3000mm) 260X lin m LS LS LS LS trash racks @ Shore, Bank and Watercourse Maintenance Rip rap install (>50kg size) 270M m3 LS LS LS LS catchment areas @ Schedule 5 Appendix A R5.5 SA11

90 Maintenance Specification Quantified Maintenance Services Activity Number Unit of Measure Quantites for Unit Price Items Unit Price Lump Sum Value Total Mowing and Vegetation Control Brushing and Danger Tree Removal Fence Maintenance Sign System Maintenance Bridge Deck Maintenance Bridge Joint Maintenance mowing (machine 0-1.8m) @ mowing (machine 0-4.0m) @ vegetation control / hand cutting @ Rest Area mowing @ brushing (machine) 360M sh km brushing (hand cutting) 360N m2 LS LS LS LS Danger Tree removal 360P ea LS LS LS LS overhead brushing 360R sh km LS LS LS LS chain link (Schedule 1 & 2) 400P @ barbed wire (Schedule 1 & 2) 400Q @ page wire (Schedule 1 & 2) 400R @ specialty fencing 400M lin m LS LS LS LS Guardrail reflectors (new) 440S ea LS LS LS LS Guardrail reflectors (replacement) 440T ea LS LS LS LS delineators 440K ea LS LS LS LS Sign System install (2 post > 3.2 m2) @ Sign System install (1 post) @ Sign System install (2 post < 3.2 m2) @ Sign (to 1 m2) @ Sign (1 m2 to 3.2 m2) @ Sign (> 3.2 m2) @ Sign Face Overlay (to 1 m2) @ Sign Face Overlay (1 m2 to 3.2 m2) @ Sign Face Overlay (> 3.2 m2) @ timber Re-decking (Minor) @ timber Re-decking (Major) @ linseed oil/mineral spirit treatment @ concrete Deck repair @ timber Deck replacement @ concrete Deck crack sealing 500R @ Bridge Joint Armour replacement 530M @ Bridge Joint seal replacement @ Bridge Bearing Maintenance Bridge Bearing replacement 540P ea LS LS LS LS Minor Painting of Bridge Structures Concrete Structure Maintenance Timber Truss Bridge Maintenance steel surface painting 570P m2 LS LS LS LS timber wheel-guard painting 570Q @ steel rail painting 570R lin m LS LS LS LS timber rail system painting 570S @ underpass wall painting 570T m2 LS LS LS LS concrete repair 600P m3 LS LS LS LS epoxy injection 600Q cm3 LS LS LS LS timber Truss member replacement LAS7 P ea LS LS LS LS timber Truss Rods (drop/replace) LAS7 Q ea LS LS LS LS Bridge Piling Maintenance Bridge Pile replacement 640M ea LS LS LS LS Timber and Log Structure Maintenance timber Stringer replacement LAS6 P ea LS LS LS LS timber Cap replacement LAS6 Q ea LS LS LS LS Retaining Structure Maintenance Retaining Structure component replacement 660P m2 LS LS LS LS TOTAL VALUE OF UNIT PRICE ITEMS TOTAL LUMP SUM VALUE $@ $@ TOTAL VALUE OF QUANTIFIED MAINTENANCE SERVICES $@ Schedule 5 Appendix A R5.5 SA11

91 THIS PAGE BLANK

92 SCHEDULE 6 SERVICE AREA Schedule 6 Service Area R5.5 SA11

93 Service Area: East Kootenay SA Service Area Boundary Crossing HWY Longitude Latitude ' 8.55" W 49 6' 32.96" N ' 35.01" W ' 7.45" W 50 49' 32.63" N ' 52.27" W 49 0' 2.02" N ' 30.69" W 49 37' 56.69" N ' 21.60" W 48 59' 58.67" N 254!.!. Alberta Description at Crossing Northern Entrance of Layby/Pullout, 1.2km South-East from Goatfell-Hazel Creek Forest Service Road and Highway 3 Intersection Intersection of Highway 95 and Brisco Road Intersection of West Twin Lake Road and Westside Road 160m South of Intersection of Kingsgate Townsite Road and Highway 95 Highway 3 Eastbound from 19km from the Rte 43NB/Rte 3 EB Intersection to the Alberta Border Intersection of Highway 3 and the Canada/US Boarder approximately 128m South of the Rooseville Cemetary Rd intersection 50 46' 58.14" N # 252 # Radium Hot Springs Invermere 28 Elkford SA 10 SA11 # Kimberley # Cranbrook 22 # Sparwood Fernie # !. Idaho 17 5 # # 19 24!. # 21!.!. #!. Montana Service Area Boundary Crossing City/Town Major Highway Ministry Owned Side Road Service Area Boundary

94 Crossing: 215 MoTI Road/Hwy: 11-A-Y Service Area: East Kootenay 3E B- C ro ws nes th igh Tar tan R SA10 Rte oad Crossing Description: Northern Entrance of Pullout, 1.2km SE of Goatfell-Hazel Creek FSR and Highway 3 Intersection wa y!. SA11 Latitude: SA ' 32.96" N Longitude: SA ! ' 8.55" W Crossing/Intersection Major Highway Ministry Owned Road # * Rest Area Non Ministry Owned Road Service Area Boundary November 1, 2015

95 Crossing: 252 MoTI Road/Hwy: 11-C-I Service Area: East Kootenay R Crossing Description: Intersection of Highway 95 and Brisco Road te SA11 95 N B -K yna te oo C um ol a bi st We BR IS CO e sid SA12 ad Ro RD!. DORNEY ROAD SN ID ER Latitude: 50 49' 32.63" N Longitude: 22 SA ! ' 7.45" W AD SA11!. SA12 RO Crossing/Intersection Major Highway Ministry Owned Road # * Rest Area Non Ministry Owned Road Service Area Boundary November 1, 2015

96 Crossing: 254 MoTI Road/Hwy: 11-C-I Service Area: East Kootenay Crossing Description: Intersection of West Twin Lake Road and Westside Road BR IS CO RD!. ROAD DORNEY SN ID ER SA12 RO AD!. i sts We R de SA11 d oa SA12 Latitude: 50 46' 58.14" N Longitude: SA ! ' 35.01" W Crossing/Intersection Major Highway Ministry Owned Road # * Rest Area Non Ministry Owned Road Service Area Boundary November 1, 2015

97 Crossing: 257 MoTI Road/Hwy: 11-A-Y Service Area: East Kootenay SA10 Crossing Description: 160m South of Intersection of Kingsgate Townsite Road and Highway 95 SA11!. Montana Idaho SA11 Latitude: 49 0' 2.02" N Longitude: ! ' 52.27" W Crossing/Intersection Major Highway Ministry Owned Road # * Rest Area Non Ministry Owned Road Service Area Boundary November 1, 2015

98 Crossing: 345 MoTI Road/Hwy: 11-B-S Service Area: East Kootenay Crossing Description: Highway 3 Eastbound from 19km from the Rte 43NB/Rte 3 EB Intersection to the Alberta Border Alberta!. Corbin Road SA11 SA11 Latitude: 49 37' 56.69" N Longitude: ! ' 30.69" W Crossing/Intersection Major Highway Ministry Owned Road # * Rest Area Non Ministry Owned Road Service Area Boundary November 1, 2015

99 Crossing: 393 MoTI Road/Hwy: 11-B-J Service Area: East Kootenay Crossing Description: Intersection of Highway 3 and the Canada/US Boarder r Do tr es rw d oa H LIS SA SA11 RO AD R Green oad!. SA11 Montana Latitude: 48 59' 58.67" N Longitude: ! ' 21.60" W Crossing/Intersection Major Highway Ministry Owned Road # * Rest Area Non Ministry Owned Road Service Area Boundary November 1, 2015

100 SCHEDULE "7" RATES FOR CHANGES TO INFRASTRUCTURE DAILY PRICE OR REVISED DAILY PRICE 1. As a result of a notice under section 6.1 of this Agreement, the Daily Price or the Revised Daily Price will be determined in accordance with this Schedule. EFFECTIVE DATE 2. Where Infrastructure is added or deleted, the applicable daily change rate set out in Appendix A is applied as of the effective date of the addition or deletion. 3. Where a change in Classification has occurred, the daily change rate set out in Appendix A for the new Classification is applied as of the effective date of the change. ADDITION, DELETION, or CHANGE IN CLASSIFICATION OF INFRASTRUCTURE CALCULATION METHOD Highways 4. The summer Highway daily change rate and the winter Highway daily change rate are multiplied by the number of days remaining in the summer and winter season respectively, resulting in the value for the remainder of each season. 5. The two values, calculated in section 4 above, are added together resulting in the total value for the remainder of the Contract Year. The total value for the remainder of the Contract Year is divided by the total number of days remaining in the Contract Year for a combined daily change rate for the remainder of the Contract Year. 6. The combined daily change rate is then further multiplied by the number of lane kilometers being added, deleted or changed in Classification resulting in the total cost of changes to Highways. Bridge Deck 7. The bridge deck daily change rate is multiplied by the number of square meters of deck area being added or deleted resulting in the total cost of changes to bridge decks. Rest Areas 8. The Rest Area daily change rate is multiplied by the number of open days remaining in the Contract Year resulting in the total cost of changes to Rest Areas. Schedule 7 Rates for Changes to Infrastructure R5.5 SA11

101 Revised Daily Price 9. The Revised Daily Price will be the aggregate of: (a) (b) the Daily Price; and the total net cost for changes to Infrastructure calculated under sections 4-8 of this Schedule. 10. Sample calculations are set out in Appendix B to this Schedule. NUMBER OF SUMMER DAYS AND WINTER DAYS 11. The summer Highway daily change rate will be applied during the period of April 1 st to October 31 st (214 days). 12. The winter Highway daily change rate will be applied during the period of November 1 st to March 31 st (151 days). 13. The use of summer days and winter days in this Schedule are restricted for use in the above calculations and for no other purpose. APPENDIX A 14. Appendix A will be replaced for each Contract Year in accordance with the provisions of Schedule 2 ( Annual Adjustment Process ). Schedule 7 Rates for Changes to Infrastructure R5.5 SA11

102 APPENDIX A (TO SCHEDULE 7) Rates for Changes to Infrastructure Formula: AxBxC=D A B C D SUMMER Classifications and Daily Change Rates Classification Number of Lane KM Number of Days (Apr. 1 to Oct. 31) Highway Daily Change Rate (per Lane KM) Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ Sub-total $ WINTER Classifications and Daily Change Rates Classification Number of Lane KM Number of Days (Nov.1 to Mar. 31) Highway Daily Change Rate (per Lane KM) Total A $ $ B $ $ C $ $ D $ $ E $ $ Sub-total $ BRIDGE DECK Daily Change Rate Classification All (including sidewalks) Number of m2 Number of Days Bride Deck Daily Change Rate (per m2) Total 53, $ $ Sub-total $ Schedule 7 Rates for Changes to Infrastructure R5.5 SA11

103 REST AREA Classifications and Daily Change Rates Classification Number of Rest Areas Number of Days Open Annually Rest Area Daily Change Rate (per Rest Area) Total A $ $0.00 B 0 0 $ $ $ $0.00 C $ $ $ $0.00 Sub-total $0.00 GRAND TOTAL* $0.00 *The grand total should equal approximately 80% of the Annual Price. Schedule 7 Rates for Changes to Infrastructure R5.5 SA11

104 Season Classification Daily Change Rate # of Days Remaining in the Season (As of Effective Date of Instruction) APPENDIX B (TO SCHEDULE 7) Sample Calculations ARTICLE 6 INSTRUCTION #1 Add Infrastructure Value for the Remainder of Season Combined Change of Daily Rate for Remainder of the Contract Year # of Added Infrastructure (lane KM /m2/days) Cost for Changes to Infrastructure Highway Formula a b a x b = c e / d = f g f x g = h Highway (in lane KM) 6 $ $1, D $ $1, TOTAL (sum of b) d = 364 (sum of c) e = $2, $7.88 $ Bridge Deck & Rest Area Formula f g f x g = h Bridge Deck (in m2) N/A N/A $ $ 1.50 Rest Area (in # of days) N/A C $ $ TOTAL CHANGES IN NET COST FOR THIS INSTRUCTION (sum of h = i) $1, Formula Description Calculation j Daily Price (Annual Price/365 days) $50, i Net Cost for Change for Instruction #1 $1, i/j Percentage Change for Instruction # % k Total Cumulative Cost Changes $1, k/i = l Total Cumulative Percentage Change* % 1 + l = m Daily Cost Pro Rata (Adjustment) Factor j x m Revised Daily Price $51, *Note: over 2% which triggers calculation of the Revised Daily Price in accordance with Article 6. Schedule 7 Rates for Changes to Infrastructure R5.5 SA11

105 ARTICLE 6 INSTRUCTION #2 Delete Infrastructure Season Classification Daily Change Rate # of Days Remaining in the Season (As of Effective Date of Instruction) Value for the Remainder of Season Combined Change of Daily Rate for Remainder of the Contract Year # of Added Infrastructure (lane KM /m2/days) Cost for Changes to Infrastructure Highway Formula a b a x b = c e / d = f g f x g = h Highway (in lane KM) 2 -$ $3, B -$ $1, TOTAL (sum of b) d = 277 (sum of c) e = -$4, $ $83.41 Bridge Deck & Rest Area Formula f g f x g = h Bridge Deck (in m2) N/A N/A -$ $ 0.65 Rest Area (in # of days) N/A C -$ $ TOTAL CHANGES IN NET COST FOR THIS INSTRUCTION (sum of h = i) -$ Formula Description Calculation j Daily Price (Annual Price/365 days) $51, i Net Cost for Change for Instruction #1 -$ i/j Percentage Change for Instruction # % k Total Cumulative Cost Changes -$ k/i = l Total Cumulative Percentage Change % Schedule 7 Rates for Changes to Infrastructure R5.5 SA11

106 ARTICLE 6 INSTRUCTION #3 Modify Classification Season Classification Daily Change Rate # of Days Remaining in the Season (As of Effective Date of Instruction) Value for the Remainder of Season Combined Change of Daily Rate for Remainder of the Contract Year # of Added Infrastructure (lane KM /m2/days) Cost for Changes to Infrastructure Highway Formula a b a x b = c e / d = f g f x g = h Highway (in lane KM) OLD COST (Delete) 6 -$ $1, E -$ $20.00 TOTAL (sum of b) d = 218 (sum of c) e = -$1, $8.44 -$ NEW COST (Add) 5 $ $1, D $ $28.00 TOTAL (sum of b) d = 218 (sum of c) e = $1, $6.51 $ NET Cost for Changes to Highways -$77.06 Bridge Deck & Rest Area Formula f g f x g = h Rest Area (in # of days) OLD COST (Delete) N/A C -$ $ NEW COST (Add) N/A B $ $ NET Cost for Changes to Rest Areas $ TOTAL CHANGES IN NET COST FOR THIS INSTRUCTION (sum of h = i) $ Schedule 7 Rates for Changes to Infrastructure R5.5 SA11

107 Formula Description Calculation j Daily Price (Annual Price/365 days) $50, i Net Cost for Change for Instruction #1 $ i/j Percentage Change for Instruction # % k Total Cumulative Cost Changes $ k/i = l Total Cumulative Percentage Change % Schedule 7 Rates for Changes to Infrastructure R5.5 SA11

108 SCHEDULE 8 INFRASTRUCTURE (Appendices following) Schedule 8 Infrastructure R5.5 SA11

109 APPENDIX A (TO SCHEDULE 8) Highways Schedule 8 Infrastructure R5.5 SA 11

110 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-A-C Rte 3 EB - Crowsnest Highway E A-C Gold Creek Road S A-C Mount Baker Road E A-C Moyie Lake Road S A-C Jimsmith Lake Road W A-C Ha Ha Creek Road E A-C th Avenue South S A-C th Avenue South S A-C Lumberton Road W A-C Eager Hill-Fort Steele Road N A-C Wardner-Kikomun Road S A-C Mayook Settlement Road S A-C New Lake Road W A-C Rampart-Fort Steele Road N A-C Cross Road N A-C Findlayson Road S A-C Green Bay Road S A-C Monroe Lake Road S A-C CAMERON ROAD N A-C Mayook Station Road W A-C McKenzie Drive S A-C Betts Road W A-C Bulkot Road W A-C Farmers Road N A-C Porto Rico Road W A-C TWIN LAKES ROAD N A-C Silver Spring Drive W A-C Nero Mine Road S A-C th Street South E A-C Laurier Avenue S A-C CARTWRIGHT STREET S A-C Daly Street W A-C Fleetwood Road N A-C Howell Road S A-C BEACH ROAD N A-C WARDNER STATION ROAD N A-C COLONY HILL ROAD N A-C Cassi-Mayook Road N A-C Emil Road S Page 1

111 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-A-C Hidden Valley Road N A-C Mineral Lake Road N A-C WALLACE STREET N A-C Wilson Road N A-C Erin Dale Road W A-C th Street South E A-C Seventeenth Street E A-C st Street South E A-C TH STREET SOUTH E A-C TH STREET SOUTH E A-C RD STREET SOUTH E A-C TH STREET SOUTH E A-C st Street South E A-C th Street South E A-C rd Street South E A-C th Avenue South S A-C th Avenue South S A-C th Avenue South S A-C ND AVENUE SOUTH S A-C ST AVENUE SOUTH S A-C MOYIE ROAD S A-C Graham Road E A-C Mills Road E A-C HOOK ROAD N A-C Weeks Road W A-C th Avenue South S A-C MURGATROYD ROAD N A-C Sandberg Road W A-C Pippin Road W A-C TH AVENUE SOUTH S A-C Pritchard Road S A-C Chlopan Road W A-C Atwood Road S A-C Lang Road S A-C A Street South E A-C th Street South E A-C th Street South E A-C Hydro Road W A-C th Avenue South S Page 2

112 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-A-C Wardner Road S A-C TH STREET SOUTH E A-C th Avenue South S A-C Benedik Road E A-C Holt Road N A-C KIRK ROAD N A-C Colony Road E A-C Ferguson Road S A-C BUSCH ROAD N A-C Werner Road N A-C READ ROAD N A-C CALDWELL ROAD N A-C John Road N A-C Loop Road S A-C WOODLAND DRIVE E A-C TH AVENUE NRTHWEST N A-C Alma Road E A-C WILDWOOD DRIVE N A-C Westwood Drive N A-C TH AVENUE NRTHWEST N A-C A Street E A-C th Avenue N A-C Park Road E A-C Laidlaw Road S A-C CARL THOMPSON ROAD N A-C ROCKYVIEW ROAD N A-C Hunter Road S A-C Vidamour Road N A-C Lakeview Drive S A-C Hilltop Crescent N A-C AQUA ROAD N A-C TROUT ROAD N A-C MICHEL ROAD N A-C POCHA ROAD N A-C PARR ROAD N A-C VIEW ROAD N A-C SILVER CREEK ROAD N A-C CRESTMERE ROAD N A-C HIGHLAND ROAD N Page 3

113 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-A-C SILVER LANE ROAD N A-C FRANKLIN ROAD N A-C Shores Road N A-C Green Bay Dump Road N A-C Stropky Road N A-C McCardell Road N A-C LANGEVIN STREET E A-C MAZUR ROAD N A-C CLEAR ROAD N A-C DAVIES STREET N A-C Barkley Road N A-C nd Avenue South S A-C McDONALD ROAD N A-C DAIRY ROAD N A-C Borden Road E A-C IVY ROAD N A-C IDA ROAD N A-C INN ROAD N A-C Fisher Street N A-C MOWATT STREET N A-C TARTE STREET N A-C BLAIR STREET N A-C Pope Street N A-C TUPPER STREET N A-C FOSTER STREET N A-C KOKANEE ROAD N A-C OTTER ROAD N A-C Badger Road W A-C Crest Road S A-C HEINRICH ROAD N A-C CARRY ROAD N A-C GREENAWAY ROAD N A-C GIBBONS ROAD N A-C ND STREET SOUTH E A-C DEWDNEY ROAD N A-C BRANA ROAD N A-C Rampart Rest Area Road W A-C MOYIE PROMENADE ROAD N A-C MONROE LAKE ACCESS N Page 4

114 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-A-C BULLRUSH ROAD N A-C TH STREET SOUTH S A-C Eighth Avenue South S A-C MOYIE NARROWS ROAD N A-C Heartland Road E A-C KLAHANNI DRIVE N A-C Westview Road E A-C-00800N KIMBERLEY OFF RAMP N A-C-00803N Rte 95A NB - Kimberley Highway N A-C-00804N Rte 95 NB - Fort Steele N A-C-00807N Rte 93 NB - Fort Steele N A-C HARRIS ROAD N A-C CHRISTIAN ROAD N A-C CELIA ROAD N A-C Salem Road N A-C Foothill Drive E A-C Turtle Road W A-C Heron Road E A-C Soaring Hawk Road S A-C Haberman Road W A-J Rte 3 EB - Crowsnest Highway E A-J JAFFRAY-BAYNES LK RD E A-J ROSEN LAKE ROAD N A-J COLVALLI RD S A-J TIE LAKE ROAD N A-J DEMPSEY ROAD N A-J Kikomun-Newgate Road S A-J JAFFRAY VILLAGE LOOP N A-J BETANIA ROAD N A-J DAMSTROM ROAD N A-J Green Road S A-J ROBBINS ROAD N A-J ROSEN LAKE ACCESS N A-J McLEAN ROAD N A-J Derosier Road S A-J ROSEN LAKE EAST ROAD N A-J Peasley Road E A-J AUDIA ROAD N A-J JAFFRAY SHOP ROAD E Page 5

115 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-A-J TIE LAKE SHORE RD N N A-J TIE LAKE LOOP ROAD N A-J SHELBOURNE ROAD N A-J BOLEN ROAD N A-J ROSICKY ROAD E A-J LLOYD ROAD E A-J OLD TIE LAKE ROAD N A-J ATWOOD DRIVE N A-J ONDA'S ROAD N A-J CORBETT ROAD N A-J ROSEN LAKE ACCESS N A-J ROSEN LAKE LAND ACC N A-J WALDO-GOLD CREEK RD W A-J Stones Road W A-J ROSEN LAKE ACCESS N A-J ROSEN LAKE ACCESS N A-J ROSEN LAKE ACCESS N A-J ROSEN LAKE ACCESS N A-J ROSEN LAKE ACCESS N A-J KOOTENAY ROAD W A-J CAVEN CREEK ROAD S A-J SMITH ROAD W A-J BALDING ROAD W A-J OLSEN ROAD N A-J ROY ROAD N A-J HILDEBRANT ROAD N A-J THISTLE ROAD N A-J MURRAY ROAD N A-J JAMES ROAD N A-J ROSEN LAKE ACCESS N A-J Matson Road W A-J IRWIN ROAD N A-J ROSEN LAKE ACCESS N A-J Gold Creek Detour Road W A-J PETERS ROAD N A-J TIE LAKE ACCESS N A-J TIE LAKE ACCESS N A-J TIE LAKE ACCESS N A-J TIE LAKE ACCESS N Page 6

116 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-A-J TIE LAKE ACCESS N A-J RYE ROAD N A-J SHORT ROAD W A-J BULL ROAD N A-J RENFREW ROAD E A-J SUNBURY ROAD S A-J FOSTER ROAD W A-J PEMBERTON ROAD N A-J PERKINS ROAD E A-J SALISH ROAD S A-J THOMAS ROAD S A-J ABBOTT ROAD N A-J DUNDAS ROAD W A-J OSPREY ROAD S A-J OWL ROAD E A-J McMorran Road E A-J Oestreich Road E A-J ABBEY ROAD N A-J JAFFRAY SCHOOL ROAD N A-J STRAUSS ROAD S A-J RABBIT ROAD E A-J BERTRAND ROAD N A-J SHERIDAN ROAD N A-J Peterson Road N A-J ROSEN LAKE ACCESS N A-J ROSEN LAKE ACCESS N A-J TOWNSEND ROAD E A-J LETCHER MILL ROAD S A-J MORAN ROAD N A-J DILTS ROAD W A-J ROSEN HEIGHTS N A-J KENT ROAD E A-J DRYDEN ROAD W A-J FIRST AVENUE N A-J HARPER ROAD E A-J ALTA ROAD S A-J BERGEN ROAD N A-J EAGLE ROAD W A-J MEAD ROAD N Page 7

117 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-A-J ELKINK ROAD N A-J TIE LAKE SHORE RD S E A-J ROSEN LAKE ACCESS N A-J LEGION ROAD E A-J GEORGE ROAD N A-J MUNRO ROAD S A-J Robert Road N A-J ASPEN DRIVE E A-J Country Land Drive E A-Y Rte 3 EB - Crowsnest Highway E A-Y Yahk-Meadow Creek Road E A-Y Nelson Street N A-Y Cranbrook Street N A-Y Yahk Settlement Road W A-Y BARNHARDT ROAD N A-Y Rte 95 NB - Kingsgate-Yahk N A-Y Glenlily Station Road W A-Y River Avenue W A-Y Madaro Avenue E A-Y Mountain Avenue S A-Y Main Street W A-Y South Street W A-Y Campbell Street S A-Y MOYIE AVENUE (MOYIE) N A-Y Queens Avenue E A-Y TAVISTOCK STREET E A-Y Railway Avenue E A-Y CUSTOMS ROAD N A-Y Livesley Road W A-Y Ryan Station Road N A-Y ATLANTIC AVENUE N A-Y GOVERMENT STREET N A-Y St Eugene Avenue S A-Y HALF MOON AVENUE N A-Y Moyie Avenue W A-Y Vancouver Street N A-Y Hilts Street W A-Y North Street W A-Y ELMIRA ROAD S Page 8

118 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-A-Y KINGSGATE TOWNSITE ROAD N A-Y PIPELINE ROAD N A-Y Johnson Road E A-Y TRAINOR ROAD N A-Y HOLLIS ROAD N A-Y Braunagel Road N A-Y Westside Road W A-Y FRONT STREET N A-Y CUSTOMS FRONTAGE RD N A-Y Sunrise Road S A-Y KIM ROAD N A-Y WEBB ROAD N A-Y McCOY ROAD N A-Y TRENT ROAD N A-Y JAMESON ROAD N A-Y Bruce Road W A-Y BOUNDARY ROAD N A-Y Tartan Road N A-Y Majestic Road N A-Y WHITETAIL ROAD N A-Y EVERGREEN ROAD N A-Y SUNSET ROAD N A-Y RAINBOW ROAD N A-Y PACIFIC AVENUE N A-Y Estates Road N A-Y Small Road S A-Y Esquire Road N A-Y Glenmore Road E A-Y Bateman Road S A-Y LAKE STREET S A-Y Aldridge Road N A-Y Fenton Road N A-Y Yahk Scale Road E A-Y Ryan Rest Area Road N A-Y DUKE ROAD E A-Y Rushton Road S A-Y Rushton Road East E A-Y Carroll Creek Road W A-Y Shorty Creek Road W Page 9

119 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-B-F Rte 3 EB - Crowsnest Highway E B-F Hosmer-Fernie Road N B-F OWEN STREET S B-F BALDREY ROAD S B-F BEAN ROAD N B-F ROBINSON ROAD W B-F STILL ROAD N B-F MINTON ROAD S B-F FERNIE-COAL CREEK RD E B-F MURDOCH ROAD E B-F OLIVIA ROAD E B-F COKATO ROAD N B-F MORRISSEY ROAD E B-F MORRISSEY DETOUR N B-F Beese Road N B-F DURANGO ROAD W B-F Cunliffe Road W B-F BURMA ROAD N B-F DOMIN ROAD S B-F Bryant Road W B-F BRICKERS ROAD S B-F BRENNERS ROAD W B-F DICKENS ROAD N B-F Fernie Ski Hill Road W B-F VANLERBERG ROAD E B-F SHRUMM ROAD E B-F Labelle Road N B-F CHARLES ST SOUTH N B-F HUTCHINSON ROAD N B-F THORNE ROAD E B-F Dock Road W B-F KMIECIK ROAD N B-F SPARLING ROAD N B-F ANDERSON ROAD E B-F ELK ROAD S B-F RAWSON NORTH ROAD E B-F RAWSON SOUTH ROAD E B-F WIGWAM SUB. ROAD Z B-F MARTHA ROAD N Page 10

120 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-B-F STEPHENSON ROAD N B-F FERNIE SHOP ROAD S B-F KUBINEC ROAD S B-F CALDWELL FRTGE ROAD N B-F MCKENZIE ROAD N B-F ALBERTA AVENUE E B-F ALEXANDER AVENUE E B-F ALEXANDRIA ROAD N B-F ANGELO STREET S B-F BATE AVENUE E B-F BATE AVENUE EAST N B-F BEACH AVENUE W B-F BEAVER STREET S B-F BORDEN STREET N B-F BURTON STREET N B-F CAMARA STREET S B-F Cascade Street S B-F CHARLES STREET N B-F COLCLOUGH AVENUE W B-F COLOMB STREET S B-F ECKERSLEY STREET S B-F DOWSING AVENUE E B-F HESKETH STREET S B-F EIGHTH AVENUE N B-F ELEVENTH AVENUE N B-F ELK AVENUE W B-F ELK STREET HOSMER N B-F FIFTH AVENUE HOSMER N B-F FIRST AVENUE HOSMER N B-F FOURTH AVENUE HOSMER N B-F FRONT STREET HOSMER N B-F GEORGE STREET HOSMER N B-F GLOVER STREET S B-F HAND AVENUE W B-F HAROLD AVENUE E B-F HARTLEY STREET S B-F COMMONS STREET S B-F HOLBROOK STREET N B-F HORN AVENUE W Page 11

121 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-B-F KING STREET HOSMER S B-F LAURIER STREET N B-F MCDONALD AVENUE N B-F MAIN STREET ELKO S B-F MAIN STREET HOSMER S B-F MILL STREET ELKO S B-F MILL STR WEST FERNIE S B-F MOOSE AVENUE W B-F NEAME STREET S B-F NINTH AVENUE HOSMER W B-F NORTH BIRNIE STREET N B-F NORTH HIRTZ STREET N B-F PARK STREET HOSMER S B-F PREMIER STREET N B-F PROCTOR AVENUE E B-F RAWSON AVENUE E B-F REGINA AVENUE W B-F ROO AVENUE E B-F SANGALA STREET S B-F SECOND AVENUE S B-F SEVENTH AVENUE W B-F Sixth Avenue W B-F STEVENS STREET S B-F STEWART AVENUE W B-F STRATHCONA ROAD N B-F THIRD AVENUE HOSMER N B-F TENTH AVENUE HOSMER W B-F TWELFTH AVENUE N B-F VICTORIA STREET N B-F Virginia Avenue N B-F WAPITI AVENUE N B-F WATER STREET S B-F WESTMORELAND AVENUE W B-F WILSON STREET S B-F YARROW ROAD E B-F HELENA AVENUE W B-F SHERIDAN LANE S B-F STATION STREET N B-F FITZEN DETOUR ROAD N Page 12

122 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-B-F ZWARYCK ROAD N B-F HOATH STREET S B-F VANDERBERG LANE S B-F Olson Picnic Site Road W B-F HOSMER WEST N B-F Cullen Road N B-F HILL ROAD S B-F Clifford Road N B-F KOOTENAY AVENUE E B-F KYRKE STREET S B-F MCLEOD AVENUE W B-F BOWSER ROAD W B-F EARLE ROAD S B-F MCBRIDE ROAD E B-F MCGIVERN ROAD N B-F RIVER ROAD S B-F THOMPSON ROAD S B-F WHITNEY ROAD S B-F RIVERSIDE DRIVE N B-F JOINSON ROAD N B-F KYAKE STREET ELKO S B-F TIMBERLINE CRESCENT S B-F STEPHEN ROAD W B-F BANK STREET S B-F ELKO TOWNSITE LANES Z B-F HOSMER HERITAGE ROAD E B-F HOSMER TOWN LANES Z B-F BOARDMAN ROAD N B-F WEST FERNIE LANES Z B-F YORK ROAD W B-F TYMCHUK ROAD N B-F IRVING ROAD N B-F LIZARD CREEK ROAD S B-F Lynch Road S B-F Labonne Road W B-F DVORAK ROAD S B-F CALDWELL ROAD N B-F Alpine Way S B-F DIXON ROAD N Page 13

123 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-B-F HIGHLINE DRIVE W B-F Boomerang Way N B-F FERNIE FRONTAGE RD N B-F THOMPSON SPUR ROAD W B-F Labelle South Road S B-F Ingham Rest Area Road N B-F Snow Pines Drive N B-J KIKOMUN ROAD W B-J Rte 3 EB - Crowsnest Highway E B-J Burton Lake Road N B-J Krag-Gateway Road S B-J Elko-Grasmere Road N B-J JAFFRAY-BAYNES LK RD N B-J Flagstone Road W B-J LYNN'S ROAD Z B-J DAVIS ROAD W B-J SCHERF ROAD W B-J MILLER ROAD S B-J RAINBOW ROAD S B-J TOBACCO ROAD S B-J BOWMAN ROAD E B-J ROCK LAKE ROAD S B-J FARRELL ROAD N B-J FITZPATRICK ROAD E B-J KERR ROAD N B-J BAYNES LAKE CEMETARY N B-J LILY ROAD N B-J MCGUIRE ROAD E B-J HANSON ROAD S B-J WRIGHT ROAD N B-J Canyon Cut-Off Road N B-J DORR CUT-OFF ROAD N B-J GRASMERE-DORR ROAD S B-J GORDON ROAD S B-J CUTTS ROAD N B-J LACEY ROAD E B-J CHIEF PAUL ROAD E B-J PUGH ROAD W B-J LIVINGSTON ROAD N Page 14

124 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-B-J CALLAGHAM ROAD S B-J MCDERMID ROAD S B-J WHIMSTER ROAD W B-J LOON LAKE ROAD W B-J CAITHNESS CREEK ROAD W B-J CONNER ROAD N B-J Rte 93 NB - Elko-Rooseville Highway N B-J ROOSVILLE CEMETARY E B-J TRANQUILITY ROAD S B-J BAYNES LAKE SCHOOL N B-J BAYNES LAKE LOOP RD S B-J GRASMERE OLD SCHOOL E B-J SHARPE ROAD N B-J BAYNES LAKE DUMP RD N B-J GRANZOW ROAD N B-J PALMER ROAD N B-J BAYNES LAKE NORTH N B-J Caithness Road N B-J ROCK CREEK ROAD W B-J LETCHER ROAD E B-J BAYNES LAKE ROAD S B-J SWEET ROAD E B-J GWENDOLINE ROAD S B-J CHIEF DAVID ROAD E B-J ADOLPH ROAD N B-J LEE ROAD N B-J MOTT ROAD S B-J NORTH STAR ROAD S B-J EDWARDS ROAD W B-J DESJARDIN ROAD S B-J SANDBERG ROAD S B-J WALDO ROAD N B-J KRAG ROAD N B-J STIRLING ROAD S B-J SAUNDERS ROAD W B-J SANBORN ROAD S B-J RUTH ROAD W B-J MCCONNEL ROAD W B-J MCNAB ROAD W Page 15

125 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-B-J CNS ROAD N B-J PYNE ROAD W B-J BAKER ROAD S B-J ROSS ROAD E B-J GAVIN ROAD S B-J CONROY ROAD W B-J CONROY NORTH ROAD N B-J MCDONALD LOOP ROAD N B-J ROCK LAKE CAMP ROAD S B-J GRASMERE-ROOSVLE RD S B-J GUNDERSON ROAD S B-J BAYNES LAKE ACCESS N B-J KYTE ROAD W B-J BAYNES LAKE ACCESS N B-J BAYNES LAKE ACCESS E B-J JUNCTION ROAD N B-J ARDMORE AVENUE W B-J AUSTIN STREET N B-J COLUMBIA AVENUE E B-J Connaught Avenue E B-J MACMILLAN ROAD W B-J ELKDALE AVENUE E B-J HOGARTH STREET N B-J LETCHER STREET N B-J MOTT STREET ELKO N B-J Phillips Street N B-J CURRIE ROAD N B-J CAITHNESS REST AREA S B-J FRIZZIE ROAD E B-J HORKOFF ROAD N B-J DIANE ROAD N B-J GALLOWAY MILL ROAD N B-J SHEEP ROAD S B-J PATRICIA AVENUE E B-J RAY ROAD E B-J KOON ROAD S B-J LOON LAKE ACCESS N B-J URI ROAD W B-J JOHNSON ROAD N Page 16

126 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-B-J WEST ROAD W B-J GALLOWAY SOUTH ROAD N B-J GALLOWAY NORTH ROAD N B-J FOX ROAD N B-J CARLSON ROAD N B-J RANGER STATION ROAD N B-J BAYNES LAKE LANES N B-J ELIZA ROAD N B-J CLIFF ROAD N B-J DOGWOOD ROAD N B-J IVERSON ROAD N B-J OVERLAND ROAD W B-J WILLOW ROAD W B-J WYCLIFFE ROAD W B-J PAULINE ROAD S B-J QUARTZ ROAD N B-J INWOOD ROAD N B-J IDLEMORE ROAD E B-J GALLOWAY FRONTAGE RD W B-J SPRINGER ROAD S B-J BATE AVENUE WEST E B-J BAYNES LAKE FIREHALL N B-J McDONALD ROAD S B-J Dorr West Road W B-J JUNCTION 3/93 FTG RD S B-J Burton Lake Estates Road W B-J Triple Tree Road E B-S Fording Mine Road N B-S Rte 3 EB - Crowsnest Highway E B-S Diamond B Ranch Road W B-S Corbin Road S B-S Flathead Valley Road S B-S Rte 43 NB N B-S Daniel Road E B-S Musil Road W B-S Busato Road N B-S Lower Elk Valley Road N B-S Old Elk Valley Road N B-S Travis Road E Page 17

127 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-B-S Savarie Subdivision Road N B-S Baher South Road W B-S Baher North Road W B-S Firstal Road W B-S Hillside Drive N B-S Holley Road S B-S Savarie Frontage Road N B-S Kaisner Road W B-S Meadow Road E B-S Livingstone Road E B-S Airport Road E B-S Barnes Road S B-S BUSH ROAD Z B-S SPARWOOD SCALE ROAD N B-S Crowsnest Park Road N B-S Hidden Springs Road E C-I Westside Road N C-I Kootenay Road N C-I Toby Creek Road W C-I Horsethief Road W C-I Athalmer Road W C-I Findlay Creek Road S C-I WILMER PONTOON ROAD E C-I Swansea Road N C-I RED ROCK ROAD N C-I Toby Hill Road S C-I Toby Cut-Off Road W C-I Johnston Road W C-I Windermere Loop Branch Road N C-I Osprey Road N C-I Nelles Crescent S C-I Wood Lane Road E C-I Windermere Cemetary Road N C-I Ruault Road E C-I McIntosh Loop Road N C-I Houlgrave Road W C-I Decrespigny Road E C-I Radium Golf Course Road E C-I Scott Road S Page 18

128 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-C-I Edgewater Station Road W C-I Wolfenden Road E C-I Columbia Station Road E C-I Hawke Road W C-I Dorney Road E C-I Lillian Road S C-I Lanac Road W C-I Dutch Creek Road N C-I Rte 93 NB N C-I Rte 95 NB - Kootenay-Columbia N C-I Wills Road E C-I Williamson Road S C-I Binnie Road E C-I TEGART ROAD N C-I STODDART ROAD N C-I Radium Hill Road N C-I Columbia Lake Road N C-I Grave Lake Road N C-I Cooper Crescent N C-I Sun Creek Road N C-I Hot Springs Road S C-I Columbia River Road S C-I Fairmont Close E C-I McBride Road S C-I Wood Lane East Road W C-I Wilder Loop Road S C-I Fairmont Creek Road E C-I Fairmont Resort Road E C-I Warbler Road W C-I Emerald East Frontage Road N C-I Emerald West Frontage Road N C-I Skookum-Inn Frontage Road N C-I Spruce Grove Frontage Road N C-I Windermere Frontage Road N C-I Twin Range Frontage Road N C-I Fairmont Frontage Road N C-I Goldie Road E C-I Hidden Valley Road W C-I Wagon Wheel Frontage Road N Page 19

129 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-C-I Columbia Estates Road N C-I Nicol Road N C-I Hardie Creek Road N C-I Grand View Road W C-I Sylvania Road N C-I Veysey Road W C-I Marshall Road N C-I Neave Road N C-I Somerville Road N C-I Horsethief Ranch Road N C-I Young Road W C-I Lacooke Road N C-I McGuiness Road N C-I ROBINSON ROAD N C-I EDGELL ROAD N C-I Phillips Road S C-I Ashton Road S C-I Raven Road N C-I Ridge Drive W C-I Lakeview Access #4 W C-I Ridge Place W C-I Lakeview Access #5 W C-I Lakehill Road N C-I Fairway Drive S C-I Clover Road W C-I Akiskinook Road S C-I DELPHINE AVENUE N C-I Crescentwood Drive N C-I Cardiff Avenue S C-I BULLIN STREET N C-I Valleyview Road S C-I BILL AVENUE N C-I Beach Road W C-I Kurlew Road S C-I Enid Road E C-I Blackwing Road W C-I Kormendy Road N C-I Spur Road E C-I Hammond Avenue W Page 20

130 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-C-I Government Street W C-I MOFFAT AVENUE N C-I Columbia Place S C-I Circle Drive W C-I Quince Road S C-I Hoodoos Frontage Road E C-I HOFFMAN STREET E C-I Bruce Street W C-I Birch Street W C-I Crooked Tree Branch Road W C-I Forster Pit Access Road S C-I Crooked Tree Road W C-I Alpine Road N C-I Benninger Road N C-I Noltner Road N C-I Cordillera Avenue W C-I Hill Top Road N C-I Quartz Street E C-I Fairmont Street E C-I Lakeview Place N C-I Lakeview Access #3 W C-I DONOVAN ROAD N C-I Highwood Frontage Road N C-I Pinnacle Place N C-I Luxor Creek Road E C-I Duby Road N C-I Fox Place N C-I Falcon Drive W C-I Mountainview Drive N C-I Mountainside Place E C-I Mountainhill Road W C-I Eileen Road N C-I Scenic Place S C-I Peddley Road E C-I Geary Creek Road E C-I Meadows Crescent E C-I Panorama Place S C-I Windermere Loop Road N C-I Aeneas Road E Page 21

131 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-C-I Capowski Road N C-I Spur Valley Ranch Road N C-I Flume Road E C-I Szabo Road S C-I FAIRMONT STATION N C-I Downey Avenue S C-I Luxor Station Road W C-I Sixty-Two Mile Road N C-I Greenwood Road E C-I Glenmore Drive S C-I Armstrong Road E C-I Lambert Road E C-I Juniper Heights Road E C-I Armstrong Access Road E C-I Pinto Road E C-I Hewitt Road N C-I Nymph Road S C-I Timber Ridge Road W C-I Merlo Road W C-I Dorn Road S C-I Thistle Road W C-I Cricket Road N C-I Lakeview Access #1 W C-I ELMER STREET N C-I FAIRVIEW AVENUE N C-I EAST AVENUE N C-I Purcell Avenue W C-I Nappe Road N C-I Spring Creek Road W C-I Seel Road N C-I Lautrup Road N C-I Columbia Road N C-I Wilmai Road W C-I Windermere Road W C-I Rad Road W C-I The Dell Road N C-I The Bench Road N C-I Scarfe Road N C-I Lake Drive S Page 22

132 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-C-I Highway Drive W C-I Stoddart Avenue N C-I Terrevista Road S C-I Cooper Road N C-I Beach Drive N C-I Columbia Avenue N C-I Park Drive N C-I Lake Road E C-I Indian Beach Road S C-I Stewart Road N C-I Bailey Road W C-I Columere Drive S C-I Andreen Road W C-I Eacrett Road N C-I DEHART ROAD N C-I Rushmere Road N C-I Burton Road S C-I Lakeview Upper Road S C-I Lakeview Road S C-I Stoddart Creek Road S C-I NELSON ROAD N C-I Snider Road N C-I Tretheway Road N C-I Edmunds Road S C-I Drygulch Campsite Road E C-I Tatum Road E C-I Jaeggi Road N C-I Daloise Road N C-I Dincey Road N C-I Edgewater South Approach Road N C-I BALTAC ROAD N C-I Columere Road E C-I Kimpton Road W C-I George Anderson Road S C-I COY ROAD N C-I WHEATON ROAD N C-I Amber Road S C-I Sarah Road S C-I Fairmont Airport Road W Page 23

133 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-C-I Riverview Road N C-I RIVERVIEW GATE ROAD E C-I RIVERVIEW CLOSE N C-I RIVERVIEW CRESENT N C-I RIVERVIEW PLACE N C-I SUNRIDGE ROAD N C-I Canyon Road N C-I Blue Grouse Road E C-I ROCKY MOUNTAIN AVE N C-I MacAulay Street N C-I CARLSON ROAD N C-I WILLOW PLACE N C-I SIDNEY AVENUE S C-I TIMBER COURT N C-I TIMBER HILL PLACE N C-I SINCLAIR AVENUE N C-I MERCURY STREET N C-I MAYS AVENUE N C-I TIMBER PLACE N C-I Jeanette Street W C-I Mountainside Road N C-I TIMBER ROAD N C-I TIMBER WAY E C-I Toby Street S C-I RIDGE CLOSE N C-I Vermillion Street N C-I Victoria Avenue N C-I PANORAMA DRIVE N C-I WALLIS AVENUE N C-I WATER STREET N C-I WELLS STREET E C-I WEST AVENUE N C-I LAKE STREET N C-I PARK STREET E C-I Sinclair Street S C-I RIDGE CRESCENT N C-I SABLE ROAD N C-I LAKE AVENUE N C-I TAYNTON ROAD N Page 24

134 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-C-I WILMER CREEK ROAD W C-I MAIN AVENUE N C-I RIDGE BAY N C-I Swansea Avenue N C-I JUNIPER ROAD N C-I MOUNTAINRIDGE ROAD N C-I James Road W C-I STARKE AVENUE S C-I Riverview Drive E C-I TEAL ROAD N C-I Kindersley Road N C-I OGILVEY AVENUE N C-I KOOTENAY STREET N C-I SAND ROAD N C-I Secret Road S C-I North Street N C-I POPLAR STREET N C-I Spruce Street E C-I RIVER DRIVE N C-I SMITH STREET N C-I PADDY ROAD E C-I Selkirk Avenue W C-I REDWING ROAD N C-I SELKIRK STREET N C-I RIDGE WAY N C-I Commercial Road S C-I Bench Road S C-I GALENA STREET E C-I Lakeview Access #2 W C-I COLUMBIA VIEW ROAD N C-I Potter Road S C-I Wilmai Place N C-I ROWAN STREET N C-I Ash Street W C-I BEECH ROAD N C-I PURCELL DRIVE N C-I OSPREY CLOSE N C-I MUSKRAT ROAD N C-I TIMBERMONT ROAD N Page 25

135 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-C-I TIMBERVALE PLACE N C-I TIMBERBAY ROAD N C-I TIMBERVIEW PLACE N C-I TIMBERSIDE PLACE N C-I TIMBERMONT PLACE N C-I Lakeview Access #6 W C-I FLOYD ROAD N C-I MIDDLE ACCESS N C-I HOBBITT FRONTAGE RD N C-I Coy Rest Area Road N C-I COLUMBIA RIVER CRES. N C-I ASHWORTH ROAD N C-I ASPEN GROVE PLACE E C-I-00881R Rte 93 NB - Radium N C-I-00902N COLUMBIA LAKE RAMP N C-I-00903N RADIUM HILL OFF RAMP N C-I GLADE ROAD N C-I-00907S INVERMERE EXIT RAMP N C-I-00908W INVERMERE ENTRY RAMP N C-I RED RANCH ROAD N C-I ROCKY MOUNTAIN WAY N C-I Wade Road S C-I MOUNTAINTOP DRIVE N C-I MOUNTAINVIEW PLACE N C-I Columbia Ridge Drive E C-I Tamarack Bay Road E C-I Pine Bay Road E C-I SPRUCE BAY ROAD N C-I TIMBER HEIGHTS ROAD N C-I DIXON DRIVE N C-I Morris Road S C-I STODDART BOULEVARD N C-I GREY WOLF DRIVE N C-I SUMMIT DRIVE N C-I Osprey Point Road S C-I Holland Creek Ridge Road E C-I FRANCES CREEK ROAD E C-I Larch Bay Road E C-I FIR BAY ROAD S Page 26

136 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-C-I Juniper Bay Road W C-I CEDAR BAY ROAD W C-I LAKEVIEW MEADOWS ROAD E C-I Toby Ridge Road S C-I HYLLESTAD ROAD W C-I LAKEVIEW DRIVE W C-I LAKEVIEW MEADOWS CLOSE E C-I LAKEVIEW MEADOWS GLEN S C-I COPPERVIEW CLOSE N C-I Holland Close W C-I Geary Close W C-I Trappers Way E C-I Lakeview Meadows Green N C-I Lakeview Meadows Point S C-I Antler Ridge Road N C-I Deer Ridge Road W C-I Cyrano Lane E C-I Linda Lane E C-I Rte 93 NB - Kootenay-Columbia N D-C Mission Road N D-C Hill Avenue W D-C Mission-Wasa Low Road N D-C Mission-Wycliffe Road N D-C-00017T Mission-Wycliffe Road #2 N D-C PLAYLE ROAD E D-C Wycliffe-Cherry Creek Road E D-C Clarke Road W D-C Perry Creek Road W D-C Bull River Road N D-C Bull River South Road E D-C Standard Hill Road N D-C Mission-Fort Steele Road E D-C Awmac Road N D-C McPhee Road S D-C Fort Steele-Wildhorse Road N D-C Fenwick Road S D-C Douglas Farm Settlement Road E D-C Wycliffe Road N D-C MAUS CREEK ROAD N Page 27

137 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-D-C Wardner-Fort Steele Road N D-C Booth Creek Road W D-C Findley Road E D-C Wycliffe-Perry Creek Road W D-C Wycliffe-Perry Creek South Road N D-C Pighin Road N D-C Wycliffe Store Road E D-C Kelly Road S D-C Holmes Road N D-C Garbutts Lake Road S D-C-00095A Rte 95A NB - Kimberley Highway N D-C Brander Road E D-C Mennie Road W D-C Foster Road W D-C Leask Avenue N D-C Morrison Road S D-C Prospect Road W D-C Coopman Road S D-C Carlisle Road S D-C rd Street West W D-C Machett Avenue S D-C Cockell Road N D-C Emerald Tree Road S D-C Prairie Road N D-C Buckman Road S D-C Higgins Road E D-C Turner Road S D-C Fort Steele Cemetary Road E D-C Ermacora Road S D-C Wanklyn Road W D-C Mead Road N D-C Staples Road W D-C Depeel Road N D-C Hoffman Road E D-C Vansteinberg Road E D-C Armour Road W D-C Bull River Townsite Road S D-C Campsall Road E D-C Station Road S Page 28

138 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-D-C Railway Road E D-C Bower Road N D-C Hazel Street E D-C St Mary Street E D-C Selkirk Avenue S D-C Rocky Mountain Avenue N D-C Riverside Avenue S D-C Fort Steele Station Road S D-C Sommerfeldt Road S D-C Clearview Road S D-C Heyer Road S D-C Six Mile Lane S D-C Six Mile Spur Road E D-C Beacon Road W D-C Wilks Road N D-C Kahn Road N D-C Albert Road E D-C McLellan Road E D-C Fort Steele Dump Road W D-C Fort Steele Park Road S D-C Pattinson Road S D-C Spruce Ridge Road W D-C Deannie Road N D-C Simpson Road E D-C Samual Crescent N D-C Skyline Road W D-C Simms Road N D-C Pretty Road E D-C Preston Road W D-C Rutherford Road E D-C Gills Road N D-C Lakit Road N D-C Airport Access Road N D-C Eddy Street S D-C Scott Road S D-C Wycliffe Park Road W D-C Beaver Road N D-C Hyde Road N D-C Charles Street E Page 29

139 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-D-C Annerly Street E D-C Baker Street N D-C Dennis Street E D-C Alice Street S D-C Clark Street S D-C Cowan Street N D-C John Street E D-C Bridge Street E D-C Wheeler Street S D-C Craft Road N D-C Cole Road W D-C MAYGARD ROAD E D-C Butler Road E D-C Mountview Road W D-C Twenty Seventh Street W D-C Kurtz Road N D-C Mellor Road E D-C Mallard Road E D-C Garry Road W D-C STAG ROAD N D-C Grainger Road E D-C Columbia River Road N D-C Steeples Road N D-C Roberts Road E D-C Campbell-Myer Rest Area Road E D-C St Mary Viewpoint Road E D-C Hark Road E D-C Panabiy Road S D-C-00801S KIMB/CRANBROOK RAMP N D-C-00802S FT.STEELE/CRAN RAMP N D-C-00805E FT. STEELE/FERN RAMP E D-C-00806E KIMB/FERNIE OFF RAMP E D-C-00809N MISS/KIMB OFF RAMP N D-C-00810E KIMB/MISS OFF RAMP E D-C-00811E KIMB/AIRPRT OFF RAMP E D-C-00812N AIRPRT/KIMB OFF RAMP N D-C-00813S WYCLF/CRAN OFF RAMP N D-C-00814W KIMB/WYCLF OFF RAMP E D-C-00815S KIMB/THTRE OFF RAMP N Page 30

140 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-D-C-00816E THTRE/CRAN OFF RAMP E D-C-00817N CRAN/MISS OFF RAMP N D-C Black Angus Road E D-C Wieler Frontage Road E D-C King Street W D-C Thunderbird Springs Road E D-C Eager Hill Road S D-C Cameron Pond Road N D-C Cameron Pond Access Road S D-C Lum Lane S D-C Rte 93 NB - Kootenay-Columbia N D-K Meadowbrook Settlement Road E D-K St Mary Lake Road W D-K Torrent Road N D-K Lazy Lake Road N D-K SHEEP CREEK ROAD E D-K Wolf Creek Road N D-K Miller Road E D-K Wasa-Sheep Creek Road N D-K Bradford Road E D-K SHEEP CREEK ROAD N. E D-K Echo Lake Road W D-K McClure Road E D-K-00095A Rte 95A NB - Kimberley Highway N D-K Skookumchuk Station Road W D-K GREEN ROAD N D-K J2 Ranch Road N D-K Mud Creek Road N D-K Skookumchuk River Road S D-K Premier Lake Road S D-K McClure Cut-Off Road S D-K Stirton Road W D-K Gadsby Road W D-K RIVER ROAD N D-K Moan Road W D-K Moan North Road N D-K Tamarack Lake Road W D-K Thompson Road N D-K Joe Sun Road S Page 31

141 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-D-K-00313W Joe Sun West Road W D-K Thomason Road W D-K Kerr Road W D-K LD Ranch Road E D-K Olsen Road N D-K Sorenson Road N D-K Meadowbrook Branch Road S D-K Dransfeld Road S D-K Riviere Road N D-K Voland Road S D-K Cale Road E D-K Woods Road E D-K Farstad Way W D-K Sanderson Road E D-K Larson Road N D-K Island Pond Road N D-K Simon Road N D-K Clarricoates Road N D-K McGinty Road W D-K Cloarec Road S D-K Bussey Road W D-K Forsyth Road S D-K Hunt Road S D-K Berard Road N D-K Adams Road S D-K Wasa Lake Park Drive N D-K Alder Crescent N D-K Manor Road E D-K Aspen Road E D-K Balsam Road S D-K Beechwood Road E D-K Birch Road W D-K Cedar Road W D-K Cottonwood Road N D-K Cherry Road W D-K DOGWOOD ROAD N D-K Elm Road E D-K Juniper Road W D-K Fir Road E Page 32

142 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-D-K Larch Road N D-K Lodgepole Road E D-K Maple Road S D-K Pine Road E D-K Ponderosa Road N D-K Poplar Road S D-K Spruce Road E D-K Tamarack Road N D-K Willow Road E D-K White Pine Road S D-K Kuppenbender Road W D-K Ross Road N D-K Robertson Road N D-K Poisson Road E D-K Paul Road E D-K Mill Road W D-K Road N D-K Carney Road E D-K MacKenzie Road N D-K Barleban Road S D-K Riverview Road N D-K Stanley Road S D-K Lussier Road S D-K MATHEW CREEK N D-K Powerline Road N D-K Denver Road S D-K Dean Road N D-K Marvel Road E D-K Green Road W D-K Banman Crescent E D-K Porteous Road N D-K Skookumchuk Road S D-K Pierce Road E D-K Lakefront Road S D-K Strong Road E D-K Gagne Road E D-K Ford Road N D-K Daly Road W D-K Wasa School Road N Page 33

143 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-D-K Treichel Road W D-K Beechnut Road N D-K Wayne Road S D-K Stanyer Road N D-K Mark Road N D-K Regan Road N D-K Avis Road S D-K Wall Street S D-K Elk Drive E D-K Vandette Road W D-K Briarwood Crescent S D-K Ash Road S D-K Thornhill Road N D-K Kalitan Road N D-K Kallyn Road N D-K Kincade Road N D-K Mawer Road W D-K Talbot Road E D-K Mollison Road N D-K Lakeside Road W D-K Pinewood Road S D-K Pineridge Road W D-K Colt Road N D-K Peter Road S D-K Wardner-Columbia Road N D-K Sawmill Lake Road N D-K Perch Road N D-K Wasa Rest Area Road S D-K Cherry Creek Rest Area Road N D-K Drinkwater Road N D-K-00807N RADIUM OFF RAMP N D-K-00808S WASA OFF RAMP E D-K Lister Road W D-K Lazy Lake Access Road E D-K Estalla Mine Road E D-K Hanke Road S D-K McGinity Trail E D-K Avery Road S D-K Buck Crescent E Page 34

144 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 1 to 7 11-D-K Wrangler Road W D-K Rte 93 NB - Kootenay-Columbia N Page 35

145 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-A-C Rte 3 EB - Crowsnest Highway E A-C Gold Creek Road S A-C Mount Baker Road E A-C Moyie Lake Road S A-C Jimsmith Lake Road W A-C Ha Ha Creek Road E A-C th Avenue South S A-C th Avenue South S A-C Lumberton Road W A-C Eager Hill-Fort Steele Road N A-C Wardner-Kikomun Road S A-C Mayook Settlement Road S A-C New Lake Road W A-C Rampart-Fort Steele Road N A-C Cross Road N A-C Findlayson Road S A-C Green Bay Road S A-C Monroe Lake Road S A-C CAMERON ROAD N A-C Mayook Station Road W A-C McKenzie Drive S A-C Betts Road W A-C Bulkot Road W A-C Farmers Road N A-C Porto Rico Road W A-C TWIN LAKES ROAD N A-C Silver Spring Drive W A-C Nero Mine Road S A-C th Street South E A-C Laurier Avenue S A-C CARTWRIGHT STREET S A-C Daly Street W A-C Fleetwood Road N A-C Howell Road S Page 36

146 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-A-C BEACH ROAD N A-C WARDNER STATION ROAD N A-C COLONY HILL ROAD N A-C Cassi-Mayook Road N A-C Emil Road S A-C Hidden Valley Road N A-C Mineral Lake Road N A-C WALLACE STREET N A-C Wilson Road N A-C Erin Dale Road W A-C th Street South E A-C Seventeenth Street E A-C st Street South E A-C TH STREET SOUTH E A-C TH STREET SOUTH E A-C RD STREET SOUTH E A-C TH STREET SOUTH E A-C st Street South E A-C th Street South E A-C rd Street South E A-C th Avenue South S A-C th Avenue South S A-C th Avenue South S A-C ND AVENUE SOUTH S A-C ST AVENUE SOUTH S A-C MOYIE ROAD S A-C Graham Road E A-C Mills Road E A-C HOOK ROAD N A-C Weeks Road W A-C th Avenue South S A-C MURGATROYD ROAD N A-C Sandberg Road W A-C Pippin Road W Page 37

147 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-A-C TH AVENUE SOUTH S A-C Pritchard Road S A-C Chlopan Road W A-C Atwood Road S A-C Lang Road S A-C A Street South E A-C th Street South E A-C th Street South E A-C Hydro Road W A-C th Avenue South S A-C Wardner Road S A-C TH STREET SOUTH E A-C th Avenue South S A-C Benedik Road E A-C Holt Road N A-C KIRK ROAD N A-C Colony Road E A-C Ferguson Road S A-C BUSCH ROAD N A-C Werner Road N A-C READ ROAD N A-C CALDWELL ROAD N A-C John Road N A-C Loop Road S A-C WOODLAND DRIVE E A-C TH AVENUE NRTHWEST N A-C Alma Road E A-C WILDWOOD DRIVE N A-C Westwood Drive N A-C TH AVENUE NRTHWEST N A-C A Street E A-C th Avenue N A-C Park Road E A-C Laidlaw Road S Page 38

148 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-A-C CARL THOMPSON ROAD N A-C ROCKYVIEW ROAD N A-C Hunter Road S A-C Vidamour Road N A-C Lakeview Drive S A-C Hilltop Crescent N A-C AQUA ROAD N A-C TROUT ROAD N A-C MICHEL ROAD N A-C POCHA ROAD N A-C PARR ROAD N A-C VIEW ROAD N A-C SILVER CREEK ROAD N A-C CRESTMERE ROAD N A-C HIGHLAND ROAD N A-C SILVER LANE ROAD N A-C FRANKLIN ROAD N A-C Shores Road N A-C Green Bay Dump Road N A-C Stropky Road N A-C McCardell Road N A-C LANGEVIN STREET E A-C MAZUR ROAD N A-C CLEAR ROAD N A-C DAVIES STREET N A-C Barkley Road N A-C nd Avenue South S A-C McDONALD ROAD N A-C DAIRY ROAD N A-C Borden Road E A-C IVY ROAD N A-C IDA ROAD N A-C INN ROAD N A-C Fisher Street N Page 39

149 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-A-C MOWATT STREET N A-C TARTE STREET N A-C BLAIR STREET N A-C Pope Street N A-C TUPPER STREET N A-C FOSTER STREET N A-C KOKANEE ROAD N A-C OTTER ROAD N A-C Badger Road W A-C Crest Road S A-C HEINRICH ROAD N A-C CARRY ROAD N A-C GREENAWAY ROAD N A-C GIBBONS ROAD N A-C ND STREET SOUTH E A-C DEWDNEY ROAD N A-C BRANA ROAD N A-C Rampart Rest Area Road W A-C MOYIE PROMENADE ROAD N A-C MONROE LAKE ACCESS N A-C BULLRUSH ROAD N A-C TH STREET SOUTH S A-C Eighth Avenue South S A-C MOYIE NARROWS ROAD N A-C Heartland Road E A-C KLAHANNI DRIVE N A-C Westview Road E A-C-00800N KIMBERLEY OFF RAMP N A-C-00803N Rte 95A NB - Kimberley Highway N A-C-00804N Rte 95 NB - Fort Steele N A-C-00807N Rte 93 NB - Fort Steele N A-C HARRIS ROAD N A-C CHRISTIAN ROAD N A-C CELIA ROAD N Page 40

150 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-A-C Salem Road N A-C Foothill Drive E A-C Turtle Road W A-C Heron Road E A-C Soaring Hawk Road S A-C Haberman Road W A-J Rte 3 EB - Crowsnest Highway E A-J JAFFRAY-BAYNES LK RD E A-J ROSEN LAKE ROAD N A-J COLVALLI RD S A-J TIE LAKE ROAD N A-J DEMPSEY ROAD N A-J Kikomun-Newgate Road S A-J JAFFRAY VILLAGE LOOP N A-J BETANIA ROAD N A-J DAMSTROM ROAD N A-J Green Road S A-J ROBBINS ROAD N A-J ROSEN LAKE ACCESS N A-J McLEAN ROAD N A-J Derosier Road S A-J ROSEN LAKE EAST ROAD N A-J Peasley Road E A-J AUDIA ROAD N A-J JAFFRAY SHOP ROAD E A-J TIE LAKE SHORE RD N N A-J TIE LAKE LOOP ROAD N A-J SHELBOURNE ROAD N A-J BOLEN ROAD N A-J ROSICKY ROAD E A-J LLOYD ROAD E A-J OLD TIE LAKE ROAD N A-J ATWOOD DRIVE N A-J ONDA'S ROAD N Page 41

151 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-A-J CORBETT ROAD N A-J ROSEN LAKE ACCESS N A-J ROSEN LAKE LAND ACC N A-J WALDO-GOLD CREEK RD W A-J Stones Road W A-J ROSEN LAKE ACCESS N A-J ROSEN LAKE ACCESS N A-J ROSEN LAKE ACCESS N A-J ROSEN LAKE ACCESS N A-J ROSEN LAKE ACCESS N A-J KOOTENAY ROAD W A-J CAVEN CREEK ROAD S A-J SMITH ROAD W A-J BALDING ROAD W A-J OLSEN ROAD N A-J ROY ROAD N A-J HILDEBRANT ROAD N A-J THISTLE ROAD N A-J MURRAY ROAD N A-J JAMES ROAD N A-J ROSEN LAKE ACCESS N A-J Matson Road W A-J IRWIN ROAD N A-J ROSEN LAKE ACCESS N A-J Gold Creek Detour Road W A-J PETERS ROAD N A-J TIE LAKE ACCESS N A-J TIE LAKE ACCESS N A-J TIE LAKE ACCESS N A-J TIE LAKE ACCESS N A-J TIE LAKE ACCESS N A-J RYE ROAD N A-J SHORT ROAD W A-J BULL ROAD N Page 42

152 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-A-J RENFREW ROAD E A-J SUNBURY ROAD S A-J FOSTER ROAD W A-J PEMBERTON ROAD N A-J PERKINS ROAD E A-J SALISH ROAD S A-J THOMAS ROAD S A-J ABBOTT ROAD N A-J DUNDAS ROAD W A-J OSPREY ROAD S A-J OWL ROAD E A-J McMorran Road E A-J Oestreich Road E A-J ABBEY ROAD N A-J JAFFRAY SCHOOL ROAD N A-J STRAUSS ROAD S A-J RABBIT ROAD E A-J BERTRAND ROAD N A-J SHERIDAN ROAD N A-J Peterson Road N A-J ROSEN LAKE ACCESS N A-J ROSEN LAKE ACCESS N A-J TOWNSEND ROAD E A-J LETCHER MILL ROAD S A-J MORAN ROAD N A-J DILTS ROAD W A-J ROSEN HEIGHTS N A-J KENT ROAD E A-J DRYDEN ROAD W A-J FIRST AVENUE N A-J HARPER ROAD E A-J ALTA ROAD S A-J BERGEN ROAD N A-J EAGLE ROAD W Page 43

153 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-A-J MEAD ROAD N A-J ELKINK ROAD N A-J TIE LAKE SHORE RD S E A-J ROSEN LAKE ACCESS N A-J LEGION ROAD E A-J GEORGE ROAD N A-J MUNRO ROAD S A-J Robert Road N A-J ASPEN DRIVE E A-J Country Land Drive E A-Y Rte 3 EB - Crowsnest Highway E A-Y Yahk-Meadow Creek Road E A-Y Nelson Street N A-Y Cranbrook Street N A-Y Yahk Settlement Road W A-Y BARNHARDT ROAD N A-Y Rte 95 NB - Kingsgate-Yahk N A-Y Glenlily Station Road W A-Y River Avenue W A-Y Madaro Avenue E A-Y Mountain Avenue S A-Y Main Street W A-Y South Street W A-Y Campbell Street S A-Y MOYIE AVENUE (MOYIE) N A-Y Queens Avenue E A-Y TAVISTOCK STREET E A-Y Railway Avenue E A-Y CUSTOMS ROAD N A-Y Livesley Road W A-Y Ryan Station Road N A-Y ATLANTIC AVENUE N A-Y GOVERMENT STREET N A-Y St Eugene Avenue S Page 44

154 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-A-Y HALF MOON AVENUE N A-Y Moyie Avenue W A-Y Vancouver Street N A-Y Hilts Street W A-Y North Street W A-Y ELMIRA ROAD S A-Y KINGSGATE TOWNSITE ROAD N A-Y PIPELINE ROAD N A-Y Johnson Road E A-Y TRAINOR ROAD N A-Y HOLLIS ROAD N A-Y Braunagel Road N A-Y Westside Road W A-Y FRONT STREET N A-Y CUSTOMS FRONTAGE RD N A-Y Sunrise Road S A-Y KIM ROAD N A-Y WEBB ROAD N A-Y McCOY ROAD N A-Y TRENT ROAD N A-Y JAMESON ROAD N A-Y Bruce Road W A-Y BOUNDARY ROAD N A-Y Tartan Road N A-Y Majestic Road N A-Y WHITETAIL ROAD N A-Y EVERGREEN ROAD N A-Y SUNSET ROAD N A-Y RAINBOW ROAD N A-Y PACIFIC AVENUE N A-Y Estates Road N A-Y Small Road S A-Y Esquire Road N A-Y Glenmore Road E Page 45

155 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-A-Y Bateman Road S A-Y LAKE STREET S A-Y Aldridge Road N A-Y Fenton Road N A-Y Yahk Scale Road E A-Y Ryan Rest Area Road N A-Y DUKE ROAD E A-Y Rushton Road S A-Y Rushton Road East E A-Y Carroll Creek Road W A-Y Shorty Creek Road W B-F Rte 3 EB - Crowsnest Highway E B-F Hosmer-Fernie Road N B-F OWEN STREET S B-F BALDREY ROAD S B-F BEAN ROAD N B-F ROBINSON ROAD W B-F STILL ROAD N B-F MINTON ROAD S B-F FERNIE-COAL CREEK RD E B-F MURDOCH ROAD E B-F OLIVIA ROAD E B-F COKATO ROAD N B-F MORRISSEY ROAD E B-F MORRISSEY DETOUR N B-F Beese Road N B-F DURANGO ROAD W B-F Cunliffe Road W B-F BURMA ROAD N B-F DOMIN ROAD S B-F Bryant Road W B-F BRICKERS ROAD S B-F BRENNERS ROAD W B-F DICKENS ROAD N Page 46

156 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-B-F Fernie Ski Hill Road W B-F VANLERBERG ROAD E B-F SHRUMM ROAD E B-F Labelle Road N B-F CHARLES ST SOUTH N B-F HUTCHINSON ROAD N B-F THORNE ROAD E B-F Dock Road W B-F KMIECIK ROAD N B-F SPARLING ROAD N B-F ANDERSON ROAD E B-F ELK ROAD S B-F RAWSON NORTH ROAD E B-F RAWSON SOUTH ROAD E B-F WIGWAM SUB. ROAD Z B-F MARTHA ROAD N B-F STEPHENSON ROAD N B-F FERNIE SHOP ROAD S B-F KUBINEC ROAD S B-F CALDWELL FRTGE ROAD N B-F MCKENZIE ROAD N B-F ALBERTA AVENUE E B-F ALEXANDER AVENUE E B-F ALEXANDRIA ROAD N B-F ANGELO STREET S B-F BATE AVENUE E B-F BATE AVENUE EAST N B-F BEACH AVENUE W B-F BEAVER STREET S B-F BORDEN STREET N B-F BURTON STREET N B-F CAMARA STREET S B-F Cascade Street S B-F CHARLES STREET N Page 47

157 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-B-F COLCLOUGH AVENUE W B-F COLOMB STREET S B-F ECKERSLEY STREET S B-F DOWSING AVENUE E B-F HESKETH STREET S B-F EIGHTH AVENUE N B-F ELEVENTH AVENUE N B-F ELK AVENUE W B-F ELK STREET HOSMER N B-F FIFTH AVENUE HOSMER N B-F FIRST AVENUE HOSMER N B-F FOURTH AVENUE HOSMER N B-F FRONT STREET HOSMER N B-F GEORGE STREET HOSMER N B-F GLOVER STREET S B-F HAND AVENUE W B-F HAROLD AVENUE E B-F HARTLEY STREET S B-F COMMONS STREET S B-F HOLBROOK STREET N B-F HORN AVENUE W B-F KING STREET HOSMER S B-F LAURIER STREET N B-F MCDONALD AVENUE N B-F MAIN STREET ELKO S B-F MAIN STREET HOSMER S B-F MILL STREET ELKO S B-F MILL STR WEST FERNIE S B-F MOOSE AVENUE W B-F NEAME STREET S B-F NINTH AVENUE HOSMER W B-F NORTH BIRNIE STREET N B-F NORTH HIRTZ STREET N B-F PARK STREET HOSMER S Page 48

158 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-B-F PREMIER STREET N B-F PROCTOR AVENUE E B-F RAWSON AVENUE E B-F REGINA AVENUE W B-F ROO AVENUE E B-F SANGALA STREET S B-F SECOND AVENUE S B-F SEVENTH AVENUE W B-F Sixth Avenue W B-F STEVENS STREET S B-F STEWART AVENUE W B-F STRATHCONA ROAD N B-F THIRD AVENUE HOSMER N B-F TENTH AVENUE HOSMER W B-F TWELFTH AVENUE N B-F VICTORIA STREET N B-F Virginia Avenue N B-F WAPITI AVENUE N B-F WATER STREET S B-F WESTMORELAND AVENUE W B-F WILSON STREET S B-F YARROW ROAD E B-F HELENA AVENUE W B-F SHERIDAN LANE S B-F STATION STREET N B-F FITZEN DETOUR ROAD N B-F ZWARYCK ROAD N B-F HOATH STREET S B-F VANDERBERG LANE S B-F Olson Picnic Site Road W B-F HOSMER WEST N B-F Cullen Road N B-F HILL ROAD S B-F Clifford Road N Page 49

159 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-B-F KOOTENAY AVENUE E B-F KYRKE STREET S B-F MCLEOD AVENUE W B-F BOWSER ROAD W B-F EARLE ROAD S B-F MCBRIDE ROAD E B-F MCGIVERN ROAD N B-F RIVER ROAD S B-F THOMPSON ROAD S B-F WHITNEY ROAD S B-F RIVERSIDE DRIVE N B-F JOINSON ROAD N B-F KYAKE STREET ELKO S B-F TIMBERLINE CRESCENT S B-F STEPHEN ROAD W B-F BANK STREET S B-F ELKO TOWNSITE LANES Z B-F HOSMER HERITAGE ROAD E B-F HOSMER TOWN LANES Z B-F BOARDMAN ROAD N B-F WEST FERNIE LANES Z B-F YORK ROAD W B-F TYMCHUK ROAD N B-F IRVING ROAD N B-F LIZARD CREEK ROAD S B-F Lynch Road S B-F Labonne Road W B-F DVORAK ROAD S B-F CALDWELL ROAD N B-F Alpine Way S B-F DIXON ROAD N B-F HIGHLINE DRIVE W B-F Boomerang Way N B-F FERNIE FRONTAGE RD N Page 50

160 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-B-F THOMPSON SPUR ROAD W B-F Labelle South Road S B-F Ingham Rest Area Road N B-F Snow Pines Drive N B-J KIKOMUN ROAD W B-J Rte 3 EB - Crowsnest Highway E B-J Burton Lake Road N B-J Krag-Gateway Road S B-J Elko-Grasmere Road N B-J JAFFRAY-BAYNES LK RD N B-J Flagstone Road W B-J LYNN'S ROAD Z B-J DAVIS ROAD W B-J SCHERF ROAD W B-J MILLER ROAD S B-J RAINBOW ROAD S B-J TOBACCO ROAD S B-J BOWMAN ROAD E B-J ROCK LAKE ROAD S B-J FARRELL ROAD N B-J FITZPATRICK ROAD E B-J KERR ROAD N B-J BAYNES LAKE CEMETARY N B-J LILY ROAD N B-J MCGUIRE ROAD E B-J HANSON ROAD S B-J WRIGHT ROAD N B-J Canyon Cut-Off Road N B-J DORR CUT-OFF ROAD N B-J GRASMERE-DORR ROAD S B-J GORDON ROAD S B-J CUTTS ROAD N B-J LACEY ROAD E B-J CHIEF PAUL ROAD E Page 51

161 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-B-J PUGH ROAD W B-J LIVINGSTON ROAD N B-J CALLAGHAM ROAD S B-J MCDERMID ROAD S B-J WHIMSTER ROAD W B-J LOON LAKE ROAD W B-J CAITHNESS CREEK ROAD W B-J CONNER ROAD N B-J Rte 93 NB - Elko-Rooseville Highway N B-J ROOSVILLE CEMETARY E B-J TRANQUILITY ROAD S B-J BAYNES LAKE SCHOOL N B-J BAYNES LAKE LOOP RD S B-J GRASMERE OLD SCHOOL E B-J SHARPE ROAD N B-J BAYNES LAKE DUMP RD N B-J GRANZOW ROAD N B-J PALMER ROAD N B-J BAYNES LAKE NORTH N B-J Caithness Road N B-J ROCK CREEK ROAD W B-J LETCHER ROAD E B-J BAYNES LAKE ROAD S B-J SWEET ROAD E B-J GWENDOLINE ROAD S B-J CHIEF DAVID ROAD E B-J ADOLPH ROAD N B-J LEE ROAD N B-J MOTT ROAD S B-J NORTH STAR ROAD S B-J EDWARDS ROAD W B-J DESJARDIN ROAD S B-J SANDBERG ROAD S B-J WALDO ROAD N Page 52

162 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-B-J KRAG ROAD N B-J STIRLING ROAD S B-J SAUNDERS ROAD W B-J SANBORN ROAD S B-J RUTH ROAD W B-J MCCONNEL ROAD W B-J MCNAB ROAD W B-J CNS ROAD N B-J PYNE ROAD W B-J BAKER ROAD S B-J ROSS ROAD E B-J GAVIN ROAD S B-J CONROY ROAD W B-J CONROY NORTH ROAD N B-J MCDONALD LOOP ROAD N B-J ROCK LAKE CAMP ROAD S B-J GRASMERE-ROOSVLE RD S B-J GUNDERSON ROAD S B-J BAYNES LAKE ACCESS N B-J KYTE ROAD W B-J BAYNES LAKE ACCESS N B-J BAYNES LAKE ACCESS E B-J JUNCTION ROAD N B-J ARDMORE AVENUE W B-J AUSTIN STREET N B-J COLUMBIA AVENUE E B-J Connaught Avenue E B-J MACMILLAN ROAD W B-J ELKDALE AVENUE E B-J HOGARTH STREET N B-J LETCHER STREET N B-J MOTT STREET ELKO N B-J Phillips Street N B-J CURRIE ROAD N Page 53

163 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-B-J CAITHNESS REST AREA S B-J FRIZZIE ROAD E B-J HORKOFF ROAD N B-J DIANE ROAD N B-J GALLOWAY MILL ROAD N B-J SHEEP ROAD S B-J PATRICIA AVENUE E B-J RAY ROAD E B-J KOON ROAD S B-J LOON LAKE ACCESS N B-J URI ROAD W B-J JOHNSON ROAD N B-J WEST ROAD W B-J GALLOWAY SOUTH ROAD N B-J GALLOWAY NORTH ROAD N B-J FOX ROAD N B-J CARLSON ROAD N B-J RANGER STATION ROAD N B-J BAYNES LAKE LANES N B-J ELIZA ROAD N B-J CLIFF ROAD N B-J DOGWOOD ROAD N B-J IVERSON ROAD N B-J OVERLAND ROAD W B-J WILLOW ROAD W B-J WYCLIFFE ROAD W B-J PAULINE ROAD S B-J QUARTZ ROAD N B-J INWOOD ROAD N B-J IDLEMORE ROAD E B-J GALLOWAY FRONTAGE RD W B-J SPRINGER ROAD S B-J BATE AVENUE WEST E B-J BAYNES LAKE FIREHALL N Page 54

164 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-B-J McDONALD ROAD S B-J Dorr West Road W B-J JUNCTION 3/93 FTG RD S B-J Burton Lake Estates Road W B-J Triple Tree Road E B-S Fording Mine Road N B-S Rte 3 EB - Crowsnest Highway E B-S Diamond B Ranch Road W B-S Corbin Road S B-S Flathead Valley Road S B-S Rte 43 NB N B-S Daniel Road E B-S Musil Road W B-S Busato Road N B-S Lower Elk Valley Road N B-S Old Elk Valley Road N B-S Travis Road E B-S Savarie Subdivision Road N B-S Baher South Road W B-S Baher North Road W B-S Firstal Road W B-S Hillside Drive N B-S Holley Road S B-S Savarie Frontage Road N B-S Kaisner Road W B-S Meadow Road E B-S Livingstone Road E B-S Airport Road E B-S Barnes Road S B-S BUSH ROAD Z B-S SPARWOOD SCALE ROAD N B-S Crowsnest Park Road N B-S Hidden Springs Road E C-I Westside Road N Page 55

165 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-C-I Kootenay Road N C-I Toby Creek Road W C-I Horsethief Road W C-I Athalmer Road W C-I Findlay Creek Road S C-I WILMER PONTOON ROAD E C-I Swansea Road N C-I RED ROCK ROAD N C-I Toby Hill Road S C-I Toby Cut-Off Road W C-I Johnston Road W C-I Windermere Loop Branch Road N C-I Osprey Road N C-I Nelles Crescent S C-I Wood Lane Road E C-I Windermere Cemetary Road N C-I Ruault Road E C-I McIntosh Loop Road N C-I Houlgrave Road W C-I Decrespigny Road E C-I Radium Golf Course Road E C-I Scott Road S C-I Edgewater Station Road W C-I Wolfenden Road E C-I Columbia Station Road E C-I Hawke Road W C-I Dorney Road E C-I Lillian Road S C-I Lanac Road W C-I Dutch Creek Road N C-I Rte 93 NB N C-I Rte 95 NB - Kootenay-Columbia N C-I Wills Road E C-I Williamson Road S Page 56

166 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-C-I Binnie Road E C-I TEGART ROAD N C-I STODDART ROAD N C-I Radium Hill Road N C-I Columbia Lake Road N C-I Grave Lake Road N C-I Cooper Crescent N C-I Sun Creek Road N C-I Hot Springs Road S C-I Columbia River Road S C-I Fairmont Close E C-I McBride Road S C-I Wood Lane East Road W C-I Wilder Loop Road S C-I Fairmont Creek Road E C-I Fairmont Resort Road E C-I Warbler Road W C-I Emerald East Frontage Road N C-I Emerald West Frontage Road N C-I Skookum-Inn Frontage Road N C-I Spruce Grove Frontage Road N C-I Windermere Frontage Road N C-I Twin Range Frontage Road N C-I Fairmont Frontage Road N C-I Goldie Road E C-I Hidden Valley Road W C-I Wagon Wheel Frontage Road N C-I Columbia Estates Road N C-I Nicol Road N C-I Hardie Creek Road N C-I Grand View Road W C-I Sylvania Road N C-I Veysey Road W C-I Marshall Road N Page 57

167 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-C-I Neave Road N C-I Somerville Road N C-I Horsethief Ranch Road N C-I Young Road W C-I Lacooke Road N C-I McGuiness Road N C-I ROBINSON ROAD N C-I EDGELL ROAD N C-I Phillips Road S C-I Ashton Road S C-I Raven Road N C-I Ridge Drive W C-I Lakeview Access #4 W C-I Ridge Place W C-I Lakeview Access #5 W C-I Lakehill Road N C-I Fairway Drive S C-I Clover Road W C-I Akiskinook Road S C-I DELPHINE AVENUE N C-I Crescentwood Drive N C-I Cardiff Avenue S C-I BULLIN STREET N C-I Valleyview Road S C-I BILL AVENUE N C-I Beach Road W C-I Kurlew Road S C-I Enid Road E C-I Blackwing Road W C-I Kormendy Road N C-I Spur Road E C-I Hammond Avenue W C-I Government Street W C-I MOFFAT AVENUE N Page 58

168 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-C-I Columbia Place S C-I Circle Drive W C-I Quince Road S C-I Hoodoos Frontage Road E C-I HOFFMAN STREET E C-I Bruce Street W C-I Birch Street W C-I Crooked Tree Branch Road W C-I Forster Pit Access Road S C-I Crooked Tree Road W C-I Alpine Road N C-I Benninger Road N C-I Noltner Road N C-I Cordillera Avenue W C-I Hill Top Road N C-I Quartz Street E C-I Fairmont Street E C-I Lakeview Place N C-I Lakeview Access #3 W C-I DONOVAN ROAD N C-I Highwood Frontage Road N C-I Pinnacle Place N C-I Luxor Creek Road E C-I Duby Road N C-I Fox Place N C-I Falcon Drive W C-I Mountainview Drive N C-I Mountainside Place E C-I Mountainhill Road W C-I Eileen Road N C-I Scenic Place S C-I Peddley Road E C-I Geary Creek Road E C-I Meadows Crescent E Page 59

169 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-C-I Panorama Place S C-I Windermere Loop Road N C-I Aeneas Road E C-I Capowski Road N C-I Spur Valley Ranch Road N C-I Flume Road E C-I Szabo Road S C-I FAIRMONT STATION N C-I Downey Avenue S C-I Luxor Station Road W C-I Sixty-Two Mile Road N C-I Greenwood Road E C-I Glenmore Drive S C-I Armstrong Road E C-I Lambert Road E C-I Juniper Heights Road E C-I Armstrong Access Road E C-I Pinto Road E C-I Hewitt Road N C-I Nymph Road S C-I Timber Ridge Road W C-I Merlo Road W C-I Dorn Road S C-I Thistle Road W C-I Cricket Road N C-I Lakeview Access #1 W C-I ELMER STREET N C-I FAIRVIEW AVENUE N C-I EAST AVENUE N C-I Purcell Avenue W C-I Nappe Road N C-I Spring Creek Road W C-I Seel Road N C-I Lautrup Road N Page 60

170 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-C-I Columbia Road N C-I Wilmai Road W C-I Windermere Road W C-I Rad Road W C-I The Dell Road N C-I The Bench Road N C-I Scarfe Road N C-I Lake Drive S C-I Highway Drive W C-I Stoddart Avenue N C-I Terrevista Road S C-I Cooper Road N C-I Beach Drive N C-I Columbia Avenue N C-I Park Drive N C-I Lake Road E C-I Indian Beach Road S C-I Stewart Road N C-I Bailey Road W C-I Columere Drive S C-I Andreen Road W C-I Eacrett Road N C-I DEHART ROAD N C-I Rushmere Road N C-I Burton Road S C-I Lakeview Upper Road S C-I Lakeview Road S C-I Stoddart Creek Road S C-I NELSON ROAD N C-I Snider Road N C-I Tretheway Road N C-I Edmunds Road S C-I Drygulch Campsite Road E C-I Tatum Road E Page 61

171 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-C-I Jaeggi Road N C-I Daloise Road N C-I Dincey Road N C-I Edgewater South Approach Road N C-I BALTAC ROAD N C-I Columere Road E C-I Kimpton Road W C-I George Anderson Road S C-I COY ROAD N C-I WHEATON ROAD N C-I Amber Road S C-I Sarah Road S C-I Fairmont Airport Road W C-I Riverview Road N C-I RIVERVIEW GATE ROAD E C-I RIVERVIEW CLOSE N C-I RIVERVIEW CRESENT N C-I RIVERVIEW PLACE N C-I SUNRIDGE ROAD N C-I Canyon Road N C-I Blue Grouse Road E C-I ROCKY MOUNTAIN AVE N C-I MacAulay Street N C-I CARLSON ROAD N C-I WILLOW PLACE N C-I SIDNEY AVENUE S C-I TIMBER COURT N C-I TIMBER HILL PLACE N C-I SINCLAIR AVENUE N C-I MERCURY STREET N C-I MAYS AVENUE N C-I TIMBER PLACE N C-I Jeanette Street W C-I Mountainside Road N Page 62

172 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-C-I TIMBER ROAD N C-I TIMBER WAY E C-I Toby Street S C-I RIDGE CLOSE N C-I Vermillion Street N C-I Victoria Avenue N C-I PANORAMA DRIVE N C-I WALLIS AVENUE N C-I WATER STREET N C-I WELLS STREET E C-I WEST AVENUE N C-I LAKE STREET N C-I PARK STREET E C-I Sinclair Street S C-I RIDGE CRESCENT N C-I SABLE ROAD N C-I LAKE AVENUE N C-I TAYNTON ROAD N C-I WILMER CREEK ROAD W C-I MAIN AVENUE N C-I RIDGE BAY N C-I Swansea Avenue N C-I JUNIPER ROAD N C-I MOUNTAINRIDGE ROAD N C-I James Road W C-I STARKE AVENUE S C-I Riverview Drive E C-I TEAL ROAD N C-I Kindersley Road N C-I OGILVEY AVENUE N C-I KOOTENAY STREET N C-I SAND ROAD N C-I Secret Road S C-I North Street N Page 63

173 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-C-I POPLAR STREET N C-I Spruce Street E C-I RIVER DRIVE N C-I SMITH STREET N C-I PADDY ROAD E C-I Selkirk Avenue W C-I REDWING ROAD N C-I SELKIRK STREET N C-I RIDGE WAY N C-I Commercial Road S C-I Bench Road S C-I GALENA STREET E C-I Lakeview Access #2 W C-I COLUMBIA VIEW ROAD N C-I Potter Road S C-I Wilmai Place N C-I ROWAN STREET N C-I Ash Street W C-I BEECH ROAD N C-I PURCELL DRIVE N C-I OSPREY CLOSE N C-I MUSKRAT ROAD N C-I TIMBERMONT ROAD N C-I TIMBERVALE PLACE N C-I TIMBERBAY ROAD N C-I TIMBERVIEW PLACE N C-I TIMBERSIDE PLACE N C-I TIMBERMONT PLACE N C-I Lakeview Access #6 W C-I FLOYD ROAD N C-I MIDDLE ACCESS N C-I HOBBITT FRONTAGE RD N C-I Coy Rest Area Road N C-I COLUMBIA RIVER CRES. N Page 64

174 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-C-I ASHWORTH ROAD N C-I ASPEN GROVE PLACE E C-I-00881R Rte 93 NB - Radium N C-I-00902N COLUMBIA LAKE RAMP N C-I-00903N RADIUM HILL OFF RAMP N C-I GLADE ROAD N C-I-00907S INVERMERE EXIT RAMP N C-I-00908W INVERMERE ENTRY RAMP N C-I RED RANCH ROAD N C-I ROCKY MOUNTAIN WAY N C-I Wade Road S C-I MOUNTAINTOP DRIVE N C-I MOUNTAINVIEW PLACE N C-I Columbia Ridge Drive E C-I Tamarack Bay Road E C-I Pine Bay Road E C-I SPRUCE BAY ROAD N C-I TIMBER HEIGHTS ROAD N C-I DIXON DRIVE N C-I Morris Road S C-I STODDART BOULEVARD N C-I GREY WOLF DRIVE N C-I SUMMIT DRIVE N C-I Osprey Point Road S C-I Holland Creek Ridge Road E C-I FRANCES CREEK ROAD E C-I Larch Bay Road E C-I FIR BAY ROAD S C-I Juniper Bay Road W C-I CEDAR BAY ROAD W C-I LAKEVIEW MEADOWS ROAD E C-I Toby Ridge Road S C-I HYLLESTAD ROAD W C-I LAKEVIEW DRIVE W Page 65

175 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-C-I LAKEVIEW MEADOWS CLOSE E C-I LAKEVIEW MEADOWS GLEN S C-I COPPERVIEW CLOSE N C-I Holland Close W C-I Geary Close W C-I Trappers Way E C-I Lakeview Meadows Green N C-I Lakeview Meadows Point S C-I Antler Ridge Road N C-I Deer Ridge Road W C-I Cyrano Lane E C-I Linda Lane E C-I Rte 93 NB - Kootenay-Columbia N D-C Mission Road N D-C Hill Avenue W D-C Mission-Wasa Low Road N D-C Mission-Wycliffe Road N D-C-00017T Mission-Wycliffe Road #2 N D-C PLAYLE ROAD E D-C Wycliffe-Cherry Creek Road E D-C Clarke Road W D-C Perry Creek Road W D-C Bull River Road N D-C Bull River South Road E D-C Standard Hill Road N D-C Mission-Fort Steele Road E D-C Awmac Road N D-C McPhee Road S D-C Fort Steele-Wildhorse Road N D-C Fenwick Road S D-C Douglas Farm Settlement Road E D-C Wycliffe Road N D-C MAUS CREEK ROAD N D-C Wardner-Fort Steele Road N Page 66

176 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-D-C Booth Creek Road W D-C Findley Road E D-C Wycliffe-Perry Creek Road W D-C Wycliffe-Perry Creek South Road N D-C Pighin Road N D-C Wycliffe Store Road E D-C Kelly Road S D-C Holmes Road N D-C Garbutts Lake Road S D-C-00095A Rte 95A NB - Kimberley Highway N D-C Brander Road E D-C Mennie Road W D-C Foster Road W D-C Leask Avenue N D-C Morrison Road S D-C Prospect Road W D-C Coopman Road S D-C Carlisle Road S D-C rd Street West W D-C Machett Avenue S D-C Cockell Road N D-C Emerald Tree Road S D-C Prairie Road N D-C Buckman Road S D-C Higgins Road E D-C Turner Road S D-C Fort Steele Cemetary Road E D-C Ermacora Road S D-C Wanklyn Road W D-C Mead Road N D-C Staples Road W D-C Depeel Road N D-C Hoffman Road E D-C Vansteinberg Road E Page 67

177 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-D-C Armour Road W D-C Bull River Townsite Road S D-C Campsall Road E D-C Station Road S D-C Railway Road E D-C Bower Road N D-C Hazel Street E D-C St Mary Street E D-C Selkirk Avenue S D-C Rocky Mountain Avenue N D-C Riverside Avenue S D-C Fort Steele Station Road S D-C Sommerfeldt Road S D-C Clearview Road S D-C Heyer Road S D-C Six Mile Lane S D-C Six Mile Spur Road E D-C Beacon Road W D-C Wilks Road N D-C Kahn Road N D-C Albert Road E D-C McLellan Road E D-C Fort Steele Dump Road W D-C Fort Steele Park Road S D-C Pattinson Road S D-C Spruce Ridge Road W D-C Deannie Road N D-C Simpson Road E D-C Samual Crescent N D-C Skyline Road W D-C Simms Road N D-C Pretty Road E D-C Preston Road W D-C Rutherford Road E Page 68

178 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-D-C Gills Road N D-C Lakit Road N D-C Airport Access Road N D-C Eddy Street S D-C Scott Road S D-C Wycliffe Park Road W D-C Beaver Road N D-C Hyde Road N D-C Charles Street E D-C Annerly Street E D-C Baker Street N D-C Dennis Street E D-C Alice Street S D-C Clark Street S D-C Cowan Street N D-C John Street E D-C Bridge Street E D-C Wheeler Street S D-C Craft Road N D-C Cole Road W D-C MAYGARD ROAD E D-C Butler Road E D-C Mountview Road W D-C Twenty Seventh Street W D-C Kurtz Road N D-C Mellor Road E D-C Mallard Road E D-C Garry Road W D-C STAG ROAD N D-C Grainger Road E D-C Columbia River Road N D-C Steeples Road N D-C Roberts Road E D-C Campbell-Myer Rest Area Road E Page 69

179 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-D-C St Mary Viewpoint Road E D-C Hark Road E D-C Panabiy Road S D-C-00801S KIMB/CRANBROOK RAMP N D-C-00802S FT.STEELE/CRAN RAMP N D-C-00805E FT. STEELE/FERN RAMP E D-C-00806E KIMB/FERNIE OFF RAMP E D-C-00809N MISS/KIMB OFF RAMP N D-C-00810E KIMB/MISS OFF RAMP E D-C-00811E KIMB/AIRPRT OFF RAMP E D-C-00812N AIRPRT/KIMB OFF RAMP N D-C-00813S WYCLF/CRAN OFF RAMP N D-C-00814W KIMB/WYCLF OFF RAMP E D-C-00815S KIMB/THTRE OFF RAMP N D-C-00816E THTRE/CRAN OFF RAMP E D-C-00817N CRAN/MISS OFF RAMP N D-C Black Angus Road E D-C Wieler Frontage Road E D-C King Street W D-C Thunderbird Springs Road E D-C Eager Hill Road S D-C Cameron Pond Road N D-C Cameron Pond Access Road S D-C Lum Lane S D-C Rte 93 NB - Kootenay-Columbia N D-K Meadowbrook Settlement Road E D-K St Mary Lake Road W D-K Torrent Road N D-K Lazy Lake Road N D-K SHEEP CREEK ROAD E D-K Wolf Creek Road N D-K Miller Road E D-K Wasa-Sheep Creek Road N D-K Bradford Road E Page 70

180 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-D-K SHEEP CREEK ROAD N. E D-K Echo Lake Road W D-K McClure Road E D-K-00095A Rte 95A NB - Kimberley Highway N D-K Skookumchuk Station Road W D-K GREEN ROAD N D-K J2 Ranch Road N D-K Mud Creek Road N D-K Skookumchuk River Road S D-K Premier Lake Road S D-K McClure Cut-Off Road S D-K Stirton Road W D-K Gadsby Road W D-K RIVER ROAD N D-K Moan Road W D-K Moan North Road N D-K Tamarack Lake Road W D-K Thompson Road N D-K Joe Sun Road S D-K-00313W Joe Sun West Road W D-K Thomason Road W D-K Kerr Road W D-K LD Ranch Road E D-K Olsen Road N D-K Sorenson Road N D-K Meadowbrook Branch Road S D-K Dransfeld Road S D-K Riviere Road N D-K Voland Road S D-K Cale Road E D-K Woods Road E D-K Farstad Way W D-K Sanderson Road E D-K Larson Road N Page 71

181 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-D-K Island Pond Road N D-K Simon Road N D-K Clarricoates Road N D-K McGinty Road W D-K Cloarec Road S D-K Bussey Road W D-K Forsyth Road S D-K Hunt Road S D-K Berard Road N D-K Adams Road S D-K Wasa Lake Park Drive N D-K Alder Crescent N D-K Manor Road E D-K Aspen Road E D-K Balsam Road S D-K Beechwood Road E D-K Birch Road W D-K Cedar Road W D-K Cottonwood Road N D-K Cherry Road W D-K DOGWOOD ROAD N D-K Elm Road E D-K Juniper Road W D-K Fir Road E D-K Larch Road N D-K Lodgepole Road E D-K Maple Road S D-K Pine Road E D-K Ponderosa Road N D-K Poplar Road S D-K Spruce Road E D-K Tamarack Road N D-K Willow Road E D-K White Pine Road S Page 72

182 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-D-K Kuppenbender Road W D-K Ross Road N D-K Robertson Road N D-K Poisson Road E D-K Paul Road E D-K Mill Road W D-K Road N D-K Carney Road E D-K MacKenzie Road N D-K Barleban Road S D-K Riverview Road N D-K Stanley Road S D-K Lussier Road S D-K MATHEW CREEK N D-K Powerline Road N D-K Denver Road S D-K Dean Road N D-K Marvel Road E D-K Green Road W D-K Banman Crescent E D-K Porteous Road N D-K Skookumchuk Road S D-K Pierce Road E D-K Lakefront Road S D-K Strong Road E D-K Gagne Road E D-K Ford Road N D-K Daly Road W D-K Wasa School Road N D-K Treichel Road W D-K Beechnut Road N D-K Wayne Road S D-K Stanyer Road N D-K Mark Road N Page 73

183 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-D-K Regan Road N D-K Avis Road S D-K Wall Street S D-K Elk Drive E D-K Vandette Road W D-K Briarwood Crescent S D-K Ash Road S D-K Thornhill Road N D-K Kalitan Road N D-K Kallyn Road N D-K Kincade Road N D-K Mawer Road W D-K Talbot Road E D-K Mollison Road N D-K Lakeside Road W D-K Pinewood Road S D-K Pineridge Road W D-K Colt Road N D-K Peter Road S D-K Wardner-Columbia Road N D-K Sawmill Lake Road N D-K Perch Road N D-K Wasa Rest Area Road S D-K Cherry Creek Rest Area Road N D-K Drinkwater Road N D-K-00807N RADIUM OFF RAMP N D-K-00808S WASA OFF RAMP E D-K Lister Road W D-K Lazy Lake Access Road E D-K Estalla Mine Road E D-K Hanke Road S D-K McGinity Trail E D-K Avery Road S D-K Buck Crescent E Page 74

184 Service Area 11 - Maintenance Class - Lane KM (Schedule 8) Total: 2, , , RFI Route Unique Identifier RFI Route Description RFI Direction RFI Length (Road KM) Class A Class B Class C Class D Class E Class A to E 11-D-K Wrangler Road W D-K Rte 93 NB - Kootenay-Columbia N Page 75

185 APPENDIX B (TO SCHEDULE 8) Bridges Schedule 8 Infrastructure R5.5 SA 11

186 Service Area 11 - Bridges (Schedule 8) Structure Number Structure Name Bridge Deck Area (m2) CANAL FLATS 1, TOBY CREEK FORT STEELE 1, ST.MARYS WYCLIFFE MORRISSEY MICHEL CR OLDTOWN MICHEL PRAIRIE 1, PRAIRIE 1, HORSETHIEF CREEK MATTHEW CREEK LEO T NIMSICK 1, DUTCH CREEK HOSMER 1, SPRINGBROOK LOOP MICHEL MOUTH MOYIE R/YAHK ATHALMER 1, FRANCES MOYIE R/KINGSGATE SKOOKUMCHUCK ALEXANDER WARDNER 1, WILMER PONTOON CURZON JUNCTION MOYIE R/SWANSEA RYAN RYAN O/H CARBON CREEK BULL RIVER WILSON CREEK CURZON MOYIE R/WARDS MARK CR KIMBERLEY MOYIE R/ALDRIDGE FAIRMONT JAFRAY O/H BIG SAND CREEK LIZARD CREEK LITTLE FAIRY CREEK WEST FERNIE 1, YAHK SLOUGH LITTLE SAND CREEK ELKO O/H WILDHORSE MARK CR MARYSVILLE CRANBROOK U/P WASA 1, PEAVINE GOATFELL O/H IRISHMAN CREEK 97

187 01511 ELK RIVER 1, FAIRMONT O/H CANAL FLATS O/H OLSON O/H FORT STEELE O/P 1, WARDNER O/H KIKOMUN 1, GOLD CREEK MCPHEE 2, BOIVIN CREEK SPARWOOD O/H MICHEL CR SPARWOOD ELKFORD SPUR O/H SOUTH HAWKINS CR CURZON CPR U/P BRADFORD JUMBO TOBY CROSSING MINERAL CREEK LESOOK PASSIOOKS NUMBER THREE CREEK OGLESTONE BULL RIVER FALLS GOLD CR/FREES GOLD CREEK/MCCONNEL GOLD CR/JOSEPH PEAVINE/HIDDEN VAL MOYIE R/GLENLILLY LEWIS CREEK WEAVER CREEK BOULDER CREEK LUMBERTON ALKI SHEEP CREEK NORTH SHEEP CREEK PERRY CREEK MEADOW CR/YAHK WOODLAND FRASER GRADY ANDY GOOD BETANIA SAND CREEK RED CREEK CANYON DAVIS ROAD CUMMINGS CREEK HAYNES MONROE LAKE ROYAL ANTLER CORBIN O/H PANORAMA ELKFORD FORDING RIVER MOYIE RIVER SHORTY CR 191

188 10019 LITTLE MOYIE RIVER SHORTY CR 128 TOTALS ,331

189 APPENDIX C (TO SCHEDULE 8) Rest Areas Schedule 8 Infrastructure R5.5 SA 11

190 Service Area 11 - Rest Areas (Schedule 8) Rest Area Name Rest Area Number Rest Area Class Associated Numbered Route Open Year Round Open Date Close Date RAMPART R0067 A 3Y RYAN R0066 C 3 N OLSON R0070 C 3 N INGHAM R0074 C N Y ELKO JUNCTION R0073 C 93 Y CAITHNESS CREEK R0069 C 3 N CROWSNEST R0202 C 3 N COYS HILL R0072 A 95 Y CAMPBELL-MYER LAKE R0068 C 95 N WASA R0071 C 95 N CHERRY CREEK R0065 C 95A N

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192 1 SCHEDULE 9 EQUIPMENT REQUIREMENTS The following Equipment requirements are the minimum standards for the operation of the Contractor s equipment fleet. This Schedule applies to vehicles and equipment licensed for operation on Highways including both Contractor-owned and leased equipment. Definitions 1. In this Schedule, unless the context otherwise requires: (a) (b) (c) High Conspicuity Markings means light reflective surfaces or striping; High Visibility Lighting means technically improved lighting for a severe visibility environment approved by the Ministry; and Operational Vehicles and Equipment means vehicles and equipment used by the Contractor in the performance or inspection of activities related to Maintenance Services and Additional Maintenance Services; includes vehicles used to transport workers to the work site. Requirements 2. Operational Vehicles and Equipment will be painted at least 80% Sherwin-Williams school bus yellow or if no longer available, a similar colour as selected by the Ministry; outfitted with a fixed amber rotating or strobe light as outlined in Section 4 below; and must be clearly identified as a maintenance contractor vehicle. (See attached vehicle renderings.) 3. Equipment lighting will conform to Division 4 of the Motor Vehicle Act Regulations (B.C. Reg. 26/58). 4. All fixed amber rotating or strobe lights will meet the following criteria: (a) (b) (c) (d) (e) 360º visibility; be visible under all operating conditions; have light intensity sufficient to warn motorists of the vehicle or equipment s presence under variable operating conditions; high intensity lamps must be utilized during daylight hours; lamps must be dimmable for night work; light duration of at least 30% of the on/off cycle; and technically improved lighting, tested and approved by the Ministry may be used, provided the standards outlined in this policy are not altered in a way that would affect public or operator safety. 5. Operational Vehicles and Equipment which restrict the flow of traffic (eg. sanding/clearing trucks, sweeping trucks, graders) must display High Conspicuity Markings and High Visibility Lighting to warn traffic of over width projections. Light intensity must be sufficient to warn motorists under all variable operating conditions. 6. Operational Vehicles and Equipment must display plow warning flags on the plow blades when completing plowing and/or sanding operations. (See attached vehicle renderings.) Schedule 9 Equipment Requirements R5.5 SA11

193 2 7. Contractors employees will not use personal vehicles on mileage to Perform or Inspect Work, unless the vehicles are painted yellow as outlined in 2) above and are outfitted with a magneticmount amber rotating or strobe light as outlined in Section Rented equipment that is operating 180 days or more a year must comply with all requirements of this policy and regardless of the number of hours of operation, must comply with the Traffic Management Manual for Work on Roadways, must display a temporary magnetic-mount amber rotating or strobe light provided the light output is not diminished from the above noted requirements and, if used for winter maintenance activities, will display High Conspicuity Markings and High Visibility Lighting. Schedule 9 Equipment Requirements R5.5 SA11

194 Schedule 9 Equipment Requirements R5.5 SA11 APPENDIX A (TO SCHEDULE 9)

195 Escort Vehicle High Visibility Lighting Permanently mounted Roto or strobe light Must provide 360 degree visibility Company Identification High Conspicuity Markings Retro-reflective surfaces or striping Logo High Visibility Lighting Permanently mounted Roto or strobe light Must provide 360 degree visibility High Conspicuity Markings Retro-reflective surfaces or striping Company Identification Logo

196 Plow Truck (front) High Visibility Lighting Permanently mounted Roto or strobe light Must provide 360 degree visibility High Visibility Lighting Grill Strobes (optional but recommended) High Visibility Lighting Auxiliary Head Lamps and Signals Plow Warning Flags High Visibility Lighting Grill Strobes (optional but recommended)

197 Plow Truck (side) High Visibility Lighting Amber Flashing Warning Lights High Visibility Lighting Permanently mounted Roto or strobe light Must provide 360 degree visibility High Visibility Lighting Permanently mounted Roto or strobe light Must provide 360 degree visibility Plow Warning Flags High Visibility Lighting Rear Mounted Plow Warning Light High Visibility Lighting Auxiliary Head Lamp and Signal Logo Company Identification High Conspicuity Markings Retro-reflective surfaces or striping Plow Warning Flags

198 Plow Truck (back) High Visibility Lighting Rear Mounted Plow Warning Light High Visibility Lighting Permanently mounted Roto or strobe light Must provide 360 degree visibility High Visibility Lighting Amber Flashing Warning Lights Plow Warning Flags High Visibility Lighting Light Bars on Outside Edge of Sign High Conspicuity Markings Retro-reflective surfaces or striping High Conspicuity Markings Retro-reflective surfaces or striping

199 Tow Plough (right side) High Visibility Lighting Amber Flashing Warning Lights High Visibility Lighting Permanently mounted Roto or strobe light Must provide 360 degree visibility Plow Warning Flag High Visibility Lighting Rear Mounted Plow Warning Light High Visibility Lighting Permanently mounted. Roto or strobe light. Must provide 360 degree visibility. (optional) High Conspicuity Markings Retro-reflective surfaces or striping

200 Tow Plough (left side) High Visibility Lighting Permanently mounted. Roto or strobe light. Must provide 360 degree visibility. (optional) High Visibility Lighting Amber/Red Flashers on Gate High Visibility Lighting Permanently mounted Roto or strobe light Must provide 360 degree visibility High Conspicuity Markings Retro-reflective surfaces or striping

201 Tow Plough (back) High Visibility Lighting Amber Flashing Warning Light High Visibility Lighting Permanently mounted. Roto or strobe light. Must provide 360 degree visibility. (optional) High Visibility Lighting Permanently mounted Roto or strobe light Must provide 360 degree visibility High Visibility Lighting Amber Flashing Warning Light High Conspicuity Markings Retro-reflective surfaces or striping

202 Grader (front) High Visibility Lighting Auxiliary Headlights/ Work Lights Plow Warning Flags High Visibility Lighting Front Warning Light

203 Grader (side) High Visibility Lighting Auxiliary Headlights/ Work Lights High Visibility Lighting Permanently mounted Roto or strobe light Must provide 360 degree visibility Company Identification High Visibility Lighting Rear Warning Lights Logo High Visibility Lighting Rear Mounted Plow Warning Light

204 Grader (back) High Visibility Lighting Rear Warning Lights High Visibility Lighting Permanently mounted Roto or strobe light Must provide 360 degree visibility Plow Warning Flags High Visibility Lighting Rear Mounted Plow Warning Light

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206 SCHEDULE 10 GRAVEL LICENSE 1. Definitions 1.1 In this Gravel License, unless the context otherwise requires: (a) "Contractor s Stockpiles" means: (i) (ii) all stockpiles of Granular Material and Pit-Run from the Gravel Pits whether processed by or for the Contractor, or stockpiled by or for the Contractor, from or with Pit-Run from the Gravel Pits; and all stockpiles of Granular Material located at the Gravel Pits processed by or for the previous highway maintenance contractor or the Province and which have been sold to or transferred for the use of the Contractor; (b) (c) (d) (e) (f) (g) (h) "Granular Material" means processed pit-run granular aggregate, winter abrasive (with or without salt or other chemicals), crush, sealcoat and any other aggregate used for the maintenance of Highways which may be processed from Pit-Run and includes any byproducts resulting from the processing of Pit-Run; Gravel Fee means the fee for Pit-Run and Granular Material as set forth in Appendix B attached to this Gravel License; "Gravel Pits" means those gravel pits described in Appendix "A" attached to this Gravel License; "Highway Maintenance Agreement" means the Highway Maintenance Agreement between the Contractor and the Province to which this Gravel License is attached as a Schedule, and the definitions for Anniversary Date, Commencement Date, Contract Month, Contract Year, Expiry Date, First Contract Year and Term set out therein also apply where those terms are used in this Gravel License; "Pit-Run" means pit-run granular aggregate without further processing, naturally occurring broken rock or in-situ rock excavated (including blasting) from a Gravel Pit; "Province Improvements" means any premises or building equipment on or in the Gravel Pits at the Commencement Date, or as provided in a written notice from the Province to the Contractor; "Subsisting Rights" means: (i) all subsisting grants to or rights of any person made or acquired under the Land Act, R.S.B.C. 1996, c. 245, Coal Act, R.S.B.C. 1996, c. 51, the Forest Act, R.S.B.C. 1996, c. 157, the Mineral Tenure Act, R.S.B.C. 1996, c. 292, or any Schedule 10 Gravel License R5.5 SA11

207 2 extension or renewal of the same, whether or not the Contractor has actual notice of them; (ii) any prior dispositions made pursuant to the Land Act, R.S.B.C. 1996, c. 245; (iii) (iv) the exceptions and reservations of rights, interests, privileges and titles referred to in section 50 of the Land Act; and rights reserved to the Province under section 219 of the Land Title Act, R.S.B.C. 1996, c. 245, if applicable. 2. Limits on License 2.1 The Contractor acknowledges and agrees that this Gravel License does not grant to the Contractor any proprietary or property rights or interests in any of the Gravel Pits or in any of the Granular Material and Pit-Run at the Gravel Pits. 2.2 This Gravel License is subject to all Subsisting Rights. 2.3 The Contractor acknowledges and agrees with the Province that: (a) (b) (c) any interference with the rights of the Contractor under this Gravel License by virtue of the exercise or operation of any of the Subsisting Rights will not constitute a breach of the Province s obligations under this Gravel License and the Contractor releases and discharges the Province from and against any claim for loss or damage arising directly or indirectly out of any such interference; all costs and expenses, direct or indirect, that arise out of any interference by the Contractor with any of the Subsisting Rights will be borne by the Contractor; and the Contractor will not commence or maintain proceedings under section 65 of the Land Act in respect of any interference with rights of the Contractor under this Gravel License arising directly or indirectly out of the exercise or operation of any of the Subsisting Rights. 3. Contractor's Covenants 3.1 The Contractor will: (a) (b) (c) accept the Gravel Pits in their present condition and on an as is basis in all respects; only use Pit-Run and Granular Material removed from the Gravel Pits for the purpose of performing its obligations under the Highway Maintenance Agreement; not remove Pit-Run and Granular Material from the Gravel Pits except from locations or stockpiles on the Gravel Pits approved by the Minister or from the Contractor's StockpiIes; (d) clearly mark and segregate each of the Contractor's Stockpiles from other stockpiles on the Gravel Pits, in a manner satisfactory to the Minister; Schedule 10 Gravel License R5.5 SA11

208 3 (e) (f) (g) (h) (i) (j) (k) (l) (m) conduct its operations at the Gravel Pits in accordance with and comply with any applicable "pit development plan" or gravel management plan as may be established, introduced or amended by the Province from time to time by notice in writing from the Minister to the Contractor; not place or maintain any improvements on any of the Gravel Pits without the prior written consent of the Minister; make and keep each of the Gravel Pits in a safe, clean and sanitary condition satisfactory to the Minister and, unless otherwise specified by notice in writing by the Minister to the Contractor, make and keep safe, clean and sanitary any improvements at the Gravel Pits; comply with any directives issued by the Minister in respect of environmental protection or preservation arising from the Contractor's occupation or use of the Gravel Pits; permit the authorized representatives of the Minister to enter on any of the Gravel Pits at any time for any purpose; provide drainage control measures at the Gravel Pits as required by the Province; not interfere with the activities of any person authorized by the Province to enter on and use and remove Pit-Run and Granular Material from stockpiles that are not the Contractor s Stockpiles; at the written request of the Province, but in any event no less than once per year 5 days before the Anniversary Date and Expiry Date without the requirement of first being requested by the Province, and at the expense of the Contractor, arrange for an independent quantity survey to be undertaken and provided to the Province by a person reasonably qualified to do so in the opinion of the Province to confirm the quantity of Pit- Run and Granular Material removed from each Gravel Pit or located in the Contractor s Stockpiles, during the previous Contract Year (or portion thereof) or both. The independent quantity survey will then be reconciled against the detailed statements pursuant to sections 6.4 and 6.5 in this Schedule. In the event the values are not balanced, the independent quantity will prevail, at the discretion of the Minister, and the Gravel Fee owing will be adjusted in accordance with the Minister s calculation; pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged which relate to the Gravel Pits or any improvements on the Gravel Pits provided that if the Contractor does not pay the taxes as required, the Province will have the right to pay such charges and to recover the same forthwith from the Contractor unless such taxes are being contested in good faith by the Contractor and the Contractor may in law withhold payment of them and in such event the Contractor will pay all costs of contestation and will not in any way render any of the Gravel Pits subject to seizure; Schedule 10 Gravel License R5.5 SA11

209 4 (n) (o) (p) observe, abide by and comply with all laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority in any way affecting the Gravel Pits, improvements on the Gravel Pits, and their use; not commit or suffer any willful or voluntary waste, spoil or destruction of the Gravel Pits, the Pit-Run or Granular Material or do or cause or permit to be done on the Gravel Pits anything that may be or become a nuisance or annoyance to the owners or occupiers of adjoining land other than as expressly authorized under this Gravel License; with respect to any Pit-Run and Granular Material from the Gravel Pits: (i) not remove such Pit-Run or Granular Material until the quantity survey reports in respect of such Pit-Run or Granular Material has been delivered to the Province in accordance with section 3 of Appendix B; and (ii) pay to the Province the Gravel Fee in accordance with Appendix B; (q) (r) (s) (t) (u) (v) (w) not remove Granular Material from the Gravel Pits for storing or stockpiling outside the Gravel Pits without the prior approval of the Province; not remove Pit-Run from the Gravel Pits for processing outside the Gravel Pits without the prior approval of the Province; pay for the cost of the supply to, or use and consumption on, the Gravel Pits of electricity, gas, water and other utilities provided that the cost of such utilities is determined by separate metering; unless otherwise directed by the Minister, at all times keep and maintain any Province Improvements on the Gravel Pits in a state of repair and condition at least equivalent to the state of repair and condition of such improvements at the commencement of the Term, or at the time the improvements were made, whichever is later, and to the same extent as would a prudent and careful owner in occupation, reasonable wear and tear only excepted; repair any improvements on the Gravel Pits in accordance with directives as may be issued by the Province from time to time; not operate any Gravel Pit in a manner which will contaminate remaining Pit-Run and Granular Material nor leave any Gravel Pit in a condition which will limit its future use; and not waste any portion of the products of crushers or screening plants that can be used but will stockpile or use any such product as directed by the Minister. 4. Province's Covenants 4.1 The Province: (a) will advise the Contractor from time to time of the identity of those persons authorized by the Province to enter on and use any of the Gravel Pits; Schedule 10 Gravel License R5.5 SA11

210 5 (b) (c) (d) (e) may, in its sole discretion, undertake surveys for verification of quantities information submitted by the Contractor; will, within 30 days after the Commencement Date, provide the Contractor with a report (showing quantities and locations) of all stockpiles of Granular Material at the Gravel Pits as of the Commencement Date; will, within 30 days after each Anniversary Date and the Expiry Date, provide the Contractor with a report showing the quantity of Granular Material removed during the immediately preceding Contract Year from each Gravel Pit by the Province or persons authorized by the Province (other than the Contractor); and will not, without the consent of the Contractor, remove or authorize other persons to remove Granular Material from the Contractor s Stockpiles. 5. Gravel Fee 5.1 In consideration of the License granted by the Province to the Contractor in this Gravel License, the Contractor will pay the Gravel Fee to the Province in accordance with Appendix B. 6. Records and Reports 6.1 The Contractor will maintain records of: (a) (b) all Pit-Run removed from the Gravel Pits and used for the purposes of the Highway Maintenance Agreement; and all Granular Material from the Gravel Pits processed by the Contractor; in such form and containing such information as the Province may reasonably require. 6.2 The Contractor will: (a) (b) permit the Minister or representatives of the Minister to attend at the offices of the Contractor to examine the records described in section 6.1 of this Gravel License during normal office hours; and upon the written request of the Minister, deliver to the Province copies of such records within 10 days after the request. 6.3 The Contractor will establish and maintain proper books of account and cause to be made therein accurate entries of all transactions in relation to removal of Granular Material from the Gravel Pits during the Term and will supply to the Province such information relating to removal of Granular Material from the Gravel Pits as the Province may reasonably require. 6.4 The Contractor will provide to the Minister no later than the 15 calendar days of the removal of Pit- Run, a detailed statement, in a form satisfactory to the Minister, reporting on the Pit-Run removed Schedule 10 Gravel License R5.5 SA11

211 6 from the Gravel Pit pursuant to section 6.1 (a) of this Schedule and section of this Agreement. 6.5 The Contractor will provide to the Minister, in accordance with section 15.9 of this Agreement, no later than 15 calendar days of the completion of processing of Granular Material pursuant to Section 6.1(b), a quantity survey report prepared by a qualified individual certifying the quantity of Granular Material produced by such processing, all to the satisfaction of the Minister. The quantities of Granular Material reported will form the basis of the calculation of the Gravel Fee with the rate specified in Appendix A section 1, and pursuant to section 15.9 of this Agreement. 7. Termination 7.1 If the Contractor breaches or fails to observe or perform any material covenant or agreement under this License, that is to be observed or performed, then the Contractor will be in default under this License. 7.2 If the act of default in section 7.1 remain unremedied for any period in excess of five (5) days after notice of such default has been delivered to the Contractor, or if a Gravel Pit is deserted or abandoned for sixty (60) consecutive days, then the Minister, at its option and without prejudice to its other remedies may terminate this Gravel License upon giving notice of termination and the term of this Gravel License is immediately forfeited and void. 7.3 On the expiration or termination of this Gravel License, the Contractor will: (a) (b) cease occupation of the Gravel Pits; and at its expense, remove all buildings, machinery, plant, equipment and apparatus and any other improvements or fixtures owned or leased by the Contractor located at the Gravel Pits. 7.4 Any buildings, machinery, plant equipment and apparatus and other improvements and fixtures owned or leased by the Contractor remaining at the Gravel Pits later than 30 days after expiration or termination of this Gravel License: (a) (b) will be absolutely forfeited to and become the property of the Province; and may be removed from the Gravel Pits by the Province and the Contractor will pay to the Province, on demand, all costs of removal. 7.5 If, on the expiration or termination of the Gravel License, the Contractor has not made arrangements with the prior written consent of the Province to transfer the Contractor s rights in respect of the Material in the Contractor s stockpiles to the highway maintenance contractor retained by the Province to replace the Contractor, the Province will: (a) arrange for a quantity survey of all Granular Material (excluding processing by-products) in the Contractor s stockpiles to be undertaken by a person reasonably qualified to do so in the opinion of the Minister; and Schedule 10 Gravel License R5.5 SA11

212 7 (b) make a payment to the Contractor of $2 per cubic metre of such Material that is in the Contractor s stockpiles and that is in accordance with the Province s specifications, based on the quantity survey undertaken pursuant to subsection Removal of Gravel Pit 8.1 The Province may, in its sole discretion, without liability or compensation to the Contractor, delete any of the Gravel Pits from this Gravel License by giving to the Contractor at least 30 days written notice of the deletion and sections 7.3, 7.4 and 7.5 of this Gravel License will apply to any deleted Gravel Pit as if this Gravel License had been terminated or had expired in respect of that Gravel Pit as of the effective date of deletion. 8.2 In the event a Gravel Pit is spent and no longer operational at any time during the Term, the Province may invoke section Interpretation 9.1 Unless the context otherwise requires, any reference to this Gravel License means this Gravel License and all of the appendices to it. 9.2 The headings or captions in this Gravel License are inserted for convenience only and do not form a part of this Gravel License and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Gravel License. 9.3 Each appendix attached to this Gravel License is an integral part of this Gravel License as if set out at length in the body of this Gravel License. 9.4 If any provision of this Gravel License or the application thereof to any person or circumstance is invalid or unenforceable to any extent, the remainder of this Gravel License and the application of such provision to any other person or circumstance will not be affected or impaired thereby and will be valid and enforceable to the extent permitted by law. 9.5 All provisions of this Gravel License in favor of the Province and all rights and remedies of the Province, either at law or in equity, will survive the expiration or termination of this Gravel License. 9.6 No waiver by either party of a breach or default by the other party in the observance, performance or compliance of any of its obligations under this Gravel License will be effective unless it is in writing and no such waiver will be deemed or construed to be a waiver of any other breach or default and failure or delay on the part of either party to complain of an act or failure of the other party or to declare such other party in default, irrespective of how long such failure or delay continues, will not constitute a waiver by such party of any of its rights against the other party. 9.7 Time will be of the essence of this Gravel License. Schedule 10 Gravel License R5.5 SA11

213 8 APPENDIX "A" (TO SCHEDULE 10) 1. Gravel Pits Subject to any deletions made by the Province under section 8.1 of this Gravel License, or subject to mutual agreement of the parties, the Gravel Pits are the gravel pits identified herein. The rate used to calculate the Gravel Fee for these Gravel Pits is $1.75/cubic metre. Schedule 10 Gravel License R5.5 SA11

214 9 Pit Name Pit Number Pit Type Easting Northing Latitude Longitude Pit Location Notes Abbey Pit 996 Gravel Pit kilometres east of Cranbrook adjacent to STPH #3 Moyie (18 Mile) 997 Gravel Pit Lakeview Pit 998 Gravel Pit Junction Pit 999 Gravel Pit Rampart Pit/Quarry 1000 Gravel Pit Jim Smith Lake 1001 Gravel Pit Picture Valley Pit 1002 Gravel Pit kilometres north of Moyie adjacent to Highway No.3. Approximately 5 kilometres north of Skookumchuck adjacent to Highway No. 95. Approximately 20 kilometres northeast of Cranbrook adjacent to Highway No.93/95. Approximately 14 kilometres east of Cranbrook adjacent to Highway No.3/95. 5 kilometres west of Highway No.3/No.95 adjacent to Jim Smith Lake 9 kilometres south of the junction with Highway No.93/(5 at Fort Steele, adjacent to south side of Wardner-Fort Steele Road No.63. Rip rap stock pile location, typically a winter abrasive stock pile location on east side of Hwy and ditching waste dump on the west. High value pit, good paving gravel and Ministry guard rail, electrical, concrete pipe stock location. High value pit, Rip rap stock pile. Dufferin Pit 1003 Gravel Pit 11 kilometres south of Fort Steele. St. Mary's Pit 1004 Gravel Pit Cherry Creek Pit 1006 Gravel Pit Blacktail Pit 1008 Gravel Pit Ryan Pit 1011 Gravel Pit Fleetwood Pit 1012 Gravel Pit Kingsgate Pit 1013 Gravel Pit kilometres east of Marysville on the St. Mary's Lake Road. Approximately 5.5 kilometres east of Kimberley and 1.5 kilometres north of Highway No.95A adjacent to Claricoates Road. 1.5 kilometres south of Wildhorse Creek (Fort Steele) adjacent to Wardner - Fort Steele Road. Approximately 10 kilometres northeast of Yahk adjacent to Highway No.3. 1 kilometre south of Highway No.3 and No.93 adjacent to Hana Creek Road, 24 kilometres east of Cranbrook. Approximately 1.5 kilometres north of Kingsgate on the northeast side of Highway No.95. East Kootenay chamber of mines rock core stock pile location. Schedule 10 Gravel License R5.5 SA11

215 10 Pit Name Pit Number Pit Type Easting Northing Latitude Longitude Pit Location Notes Springbrook Pit 1014 Gravel Pit kilometres south of Skookumchuck along Highway No.95. Yahk Borrow 1015 Borrow Pit kilometres north of Yahk. Ta Ta Creek 1017 Gravel Pit Wasa 1019 Gravel Pit kilometres north of the Wasa Junction on Highway No.93/95 2 kilometres south of Wasa on the present Fort Steele-Wasa Road. Salt shed location. Downey 1020 Gravel Pit kilometres east of Cranbrook. Perry Creek 1021 Gravel Pit Kimberley Airport 1022 Gravel Pit Sandberg Pit 1023 Gravel Pit Miller 1026 Gravel Pit Sunrise Pit 1027 Gravel Pit Quarry Pit 1029 Gravel Pit kilometres west of the Cranbrook-Wycliffe Road on Perry Creek Road. 23 kilometres north of Kimberley on Highway No. 95A near the Junction of Highway No.95A and Miller Road. 19 kilometres southwest of Cranbrook on Highway No.3 and No.95. Access the pit from Hidden Valley Road kilometres east of the junction of Highway No.95A and Miller Road. 1.5 kilometres south of Highway No.3/95 in the south Moyie Lake area. Adjacent to Highway No.3/95 (west side) and north of Yahk, in Ryan B.C. Rip Rap stock pile. Bonanza Pit 1030 Gravel Pit kilometres southeast of Cranbrook. Wolf Creek Pit 1031 Gravel Pit Northeast of Wasa Lake on Wasa Sheep Creek Road. Pighin Pit 1032 Gravel Pit North of Wycliffe on Pighin Road No.72.. Gold Creek # Gravel Pit Lazy Lake Pit 1035 Gravel Pit On the east and west side of God Creek Road #4 approximately 15 kilometres from Cranbrook. 11 kilometres north of the Wasa Park Drive on the Lazy lake Road. Schedule 10 Gravel License R5.5 SA11

216 11 Pit Name Pit Number Pit Type Easting Northing Latitude Longitude Pit Location Notes Elmira Pit 1037 Gravel Pit Curzon Pit 1040 Gravel Pit Elko Sand Pit 1044 Gravel Pit Approximately 1 kilometre south of the junction of highways No.3 and No.95 (Curson). 0.8 kilometres northwest of the junction of Crowsnest Highway and Kingsgate-Yahk Highway No kilometres southwest of Highway No.3 at Elko adjacent to Kikomun Rd No.2. Highfines. Alexander Pit 1045 Gravel Pit South Canyon Pit 1048 Gravel Pit Monsoon Pit 1049 Gravel Pit Tie Lake Pit 1051 Gravel Pit Andy Good Pit 1052 Gravel Pit Volpatti Pit 1053 Gravel Pit Plumbob Pit 1054 Gravel Pit Cork Pit 1056 Gravel Pit Budden Pit 1059 Gravel Pit kilometres west of the BC/Alberta border, adjacent to Highway No.3. 2 kilometres south of the Elk River Bridge on Highway No kilometres south of Elkford adjacent to Highway No kilometres north of Jaffrey on Tie Lake Road. Located on the west side of Tie Lake Road. Off of Highway No.3 and approximately 3 kilometres off Corbin Road kilometres north of Sparwood B.C on the east side of Lower Elk Valley Road. Approximately 13.6 kilometres south of Kikomun on Kikomun - Newgate Road. Approximately 7 kilometres south of Jaffray on the Jaffry-Baynes Lake Road. 3 kilometres south of Elko, on Elko sawmill back road. Salt shed location. Tyler North Pit 1061 Gravel Pit kilometres south of Baynes Lake Cutts Pit 1062 Gravel Pit kilometres south of the Elko junction (Highway No.3 and No.93) adjacent to Highway No. 93. Elko East 1063 Gravel Pit kilometres east of Elko on Highway No.3. Rip rap stock pile Tunnel Pit 1064 Gravel Pit 17.5 kilometres south of Fernie on the west side of Highway No.3. Schedule 10 Gravel License R5.5 SA11

217 12 Pit Name Pit Number Pit Type Easting Northing Latitude Longitude Pit Location Notes Tyler South Pit 1065 Gravel Pit kilometres south of Baynes Lake. Grasmere Pit 1066 Gravel Pit Round Prairie Pit 1067 Gravel Pit Kikomun Rock Quarry 1070 Quarry White Cloud Pit 1071 Gravel Pit Sawmill Pit 1072 Gravel Pit Canal Flats Pit 1073 Gravel Pit South Vermillion Pit 1074 Gravel Pit Hillside Pit 1075 Gravel Pit Belamy Pit 1076 Gravel Pit Kimpton Pit 1077 Gravel Pit Approximately 2 kilometres west of Grasmere accessed from Highway #93. In the Elk valley, approximately 8.4 kilometres north of Elkford. Approximately 2.5 kilometres west of the Kikomun Bridge on Craven Creek Forest Service Road. 2 kilometres east of Wardner Bridge on STP Highway No.3. 1 kilometres south of Elko in the vicinity of Elko Sawmill. 4 kilometres south of Canal Flats on Highway No. 95, accessible from Green Road. 10 kilometres north of Radium Hot Springs on Highway No. 95. Approximately 16 kilometres north of Canal Flats adjacent to Highway No.95. Located approximately 6 kilometres north of Canal Flats on the east side of Highway No.93/95. Approximately 600m east of Highway No.95 at Windermere. Salt shed and containment system for WAB stockpile and salt catchment pond. Salt shed location. Hofferts Pit 1080 Gravel Pit South of Invermere, BC. Dry Gulch Pit 1082 Gravel Pit Peon Lake Pit 1083 Gravel Pit Wilmer North Pit 1086 Gravel Pit Forester Pit 1087 Gravel Pit Approximately 6 kilometres south of Radium adjacent to the west side of Highway No.93/95. Located approximately 10 kilometres south of Canal Flats on the west side of Highway No.93/95. Approximately 5.5 kilometres north of Invermere on the Westside Road. 1 kilometre southwest of Forester Creek bridge. Schedule 10 Gravel License R5.5 SA11

218 13 Pit Name Pit Number Pit Type Easting Northing Latitude Longitude Pit Location Notes Toby Creek Quarry 1088 Quarry kilometres from Toby Creek Bridge. Rip Rap stock pile Horsethief Rock Quarry 1089 Quarry North of Invermere and Wilmer, on the southern bank of Horsethief Creek. Chauncey Pit 2004 Gravel Pit Marshall Pit 2433 Gravel Pit Junction 93 Quarry 2563 Quarry Bull River Pit 2931 Gravel Pit Oulton Pit 3030 Gravel Pit Martin Pit 3033 Gravel Pit Spur Valley Pit 3034 Gravel Pit Northeast of Elkford, on the west side of the road to the Fording coal mine. 2.5 kilometres along Houlgrave Road and 1 kilometre along Marshall Road 12 kilometres from Panorama. Roughly 1.5 kilometres south of Elko on east side of Highway No. 93. Approximately 10 kilometres northwest of Wardner adjacent to the Fort Steele-Wardner Road. 2 kilometres south of Fairmont Hot Springs on the south side of Highway No.93/ kilometres north of Invermere on Holgrave and Marshall Roads. 10 kilometres north of Edgewater on Highway No. 95. Rip rap stock pile Schedule 10 Gravel License R5.5 SA11

219 14 APPENDIX "B" (TO SCHEDULE 10) Gravel Fee 1. The Contractor will pay to the Province a Gravel Fee at the applicable rate established for the Gravel Pits as set out in section 1 of Appendix "A" based on the quantity of Pit-Run from the Gravel Pits stockpiled at or removed from the Gravel Pits, in accordance with the following provisions: (a) (b) (c) In the case of Granular Material processed by or for the Contractor from a Gravel Pit during a particular Contract Month, such fees will be paid by set off against any sums due and owing by the Province to the Contractor under the Highway Maintenance Agreement after the delivery of the quantity survey report for such Material in accordance with section 3 of this Appendix; In the case of any Pit-Run removed by or for the Contractor from Gravel Pits and used in unprocessed form for the purposes of the Highway Maintenance Agreement during a particular Contract Month, such fees will be paid by set off against any sums due and owing by the Province to the Contractor under the Highway Maintenance Agreement after the delivery of the detailed statement(s) for said Contract Month in accordance with section 6.5 of the Gravel License; and The monthly fees and accounts will be reconciled with the independent quantity survey required in section 3.1(l). 2. The rate for Gravel set out in Appendix A, subsequent to the First Contract Year, will be adjusted annually by the Province, in its sole discretion and on written notice of adjustment to the Contractor. Quantity Surveys 3. Within 15 days of the completion of any processing by or for the Contractor at a Gravel Pit of Pit- Run from Material from a Gravel Pit, the Contractor will deliver to the Province a quantity survey report produced by a person reasonably qualified to do so in the opinion of the Minister certifying the quantity of Pit-Run produced by such processing, which report will form the basis for calculating the fees payable under section 1(a) of this Appendix. Fees Exclusive of Taxes 4. All fees required to be paid by the Contractor to the Province under this Gravel License are exclusive of GST and all other applicable taxes. PST is not an applicable tax to the Gravel Fee and thus the Province will not collect nor remit PST to the Ministry of Finance as a result. Schedule 10 Gravel License R5.5 SA11

220 SCHEDULE "11" DISPUTE RESOLUTION PROTOCOL DISPUTE RESOLUTION PROCESS BETWEEN THE MAINTENANCE SECTOR OF B.C. ROAD BUILDERS & HEAVY CONSTRUCTION ASSOCIATION AND THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE DISPUTE RESOLUTION PROCESS This process has been established as a protocol to assist in resolving disputes without creating legal obligations on either party. It is not an arbitration agreement established under the Arbitration Act. A Maintenance Contractor wishing to resolve a dispute of a decision or direction of the Ministry of Transportation and Infrastructure pursuant to a contract for the provision of highway maintenance may elect to use the Dispute Resolution Process as follows: Part 1 Local Resolution 1. The Contractor and the local District Manager meet to discuss and attempt to resolve the dispute. 2. If there is no resolution within 5 calendar days of this meeting, the Contractor sets out his position and proposed resolution in writing in a format similar to Form A attached, stating the applicable contract and License articles or clauses involved, and forwards the same to the local Regional Director. 3. The Regional Director, on behalf of the Ministry, must provide a written response in a format similar to Form B attached, within 14 calendar days of receipt of the Contractor's proposal, not including statutory holidays. This response must either; (a) (b) (c) (d) indicate agreement with the Contractor's position and proposed resolution; propose an alternative to the Contractor's resolution with written reasons for the alternative; reject the Contractor's resolution with written reasons for the rejection; or if the Ministry fails to provide a written response within this time period, the Contractor can immediately file a dispute with the Dispute Review Panel. Schedule 11 Dispute Resolution Protocol R5.5 SA11

221 If either 3(b) or 3(c) above occur, the Contractor may either accept the Ministry's response, or file a dispute with the Dispute Review Panel. 5. Time limits may be extended by mutual written agreement, but extensions cannot exceed, an additional 14 calendar days in total. Part II Request for Dispute Review Panel When a dispute is not resolved at the local level and the Contractor wishes to file a dispute with the Dispute Review Panel, the following process is to be followed: 1. The request to convene a meeting of the Dispute Review Panel will be in writing and submitted on a Form A attached. 2. The request will be sent to the Secretary, Dispute Review Panel, Ministry of Transportation and Infrastructure, P.O. Box 9850 Stn Prov Govt, Victoria, B.C. V8W 9T5 Attention: Director, Construction and Maintenance, with a copy to the B.C. Road Builders & Heavy Construction Association. 3. The Secretary will notify the Director, Construction and Maintenance, and the Regional Director within whose area the dispute is located, that a Dispute Review Panel is being established. 4. The Regional Director will state the Ministry position in a format as shown in Form B, and forward same to the Secretary for distribution to the Dispute Review Panel. 5. The Secretary will establish a Dispute Review Panel according to the conditions outlined in Part III, Dispute Resolution and Review Guidelines. 6. If the dispute is resolved directly between the Contractor and the Ministry prior to the convening of a Panel, then upon both the Ministry and the Contractor advising the Secretary in writing that the dispute is resolved, the dispute will be deleted from the Panel's agenda. Part III Dispute Resolution and Review Guidelines 1. Principles of Dispute Resolution Process and Dispute Review Panel: (a) (b) (c) (d) promote positive working relations; arrive at fair and equitable solutions to the disputes that are available within the contract; settle disputes in a prompt, effective, and amicable manner; while a dispute is being reviewed, contractors will continue to execute the work on the understanding that, if a Panel rules in the Contractor's favor, any remedies due the Contractor and supported by detailed records will be adhered to by the Ministry. The Panel will determine the effective date of remedies due to the Contractor based on evidence presented in the Review;

222 - 3 - (e) (f) (g) the Contractor and the Ministry agree to abide by this dispute resolution process for the Term of this Agreement. A review of the Dispute Resolution Process can be requested at any time by either party; future guidelines changes may be recommended by a Panel and sent back to the joint Ministry and Contractor subcommittee on dispute resolution; and throughout the dispute resolution process it is expected that both parties will continue to dialogue and seek remedies between them and not solely rely on the Dispute Review Panel for resolution. 2. Membership of Panel: (a) (b) (c) (d) 2 Ministry members; 2 Contractors members; 1 Chairperson, non-voting member; and 1 Secretary, non-voting member provided by the Ministry. 3. Evidence and Information for Panel Meetings: (a) (b) (c) (d) (e) (f) (g) (h) (i) written submission from each party; maintenance contract and all appended material or documents referred to therein, and all amendments; additional evidence as considered relevant by the Panel; expert opinion(s) as required or limited by the Panel; facts and/or evidence relevant to the dispute (in written or oral form); Ministry and/or contractor records touching on matters at issue; disputing parties to provide frank, candid and timely disclosure of all relevant facts, documents, information and photographs relevant to the dispute; Contractor and the Ministry each have the option to provide oral evidence before the Panel and the Panel reserves the right to request verbal presentations from either party; and decisions made by a Panel will be based upon evidence submitted at a Panel hearing. The only additional evidence a Panel is entitled to consider will be that derived from site visits if required. 4. Administration of Dispute Resolution Process: (a) (b) The Panel is to convene as required if there are any disputes to be resolved; All disputes to be filed with the Ministry - Attention: Secretary Dispute Resolution, with copy to B.C. Road Builders & Heavy Construction Association - Attention: President. These submissions must

223 - 4 - be presented 14 calendar days in advance of a Panel meeting date so that evidence can be reviewed; (c) (d) (e) (f) (g) (h) The Secretary provides only administrative services and will not vote on Panel decisions. Administration will include organizing documents, arranging for meeting rooms, mail out dispute information and requests to Panel members, mail out decisions to disputing parties, and other matters of an administrative, not decision making, character; Chairperson writes Panel decisions; Whenever possible existing Ministry, BC Road Builder & Heavy Construction Association or Contractor facilities to be used for meetings unless Panel members mutually agree to meet elsewhere; In filing a dispute, a Contractor agrees to follow this dispute resolution process to its completion and abide by the decision if accepted; When a dispute is filed, the Ministry agrees to follow the Dispute Resolution Process to its completion and abide by the decision if accepted; and The Panel reserves the right to limit the number of disputes being heard to a maximum of three, in order of submission, at any given meeting. However, if the Panel feels that more can be dealt with at a single meeting, then additional disputes in order of submission can be heard. 5. Panel Members: (a) (b) (c) (d) (e) (f) The Director, Construction and Maintenance Branch, or his designate, will be a permanent Ministry Panel member. In addition, the Ministry will create a roster of Senior Managers. The second Ministry Panel members will be selected by the Secretary from this roster on a rotational basis; The Chairperson of the Maintenance Sector of B.C. Road Builders & Heavy Construction Association, or his designate, will be a permanent Contractor Panel Member. In addition, the Contractors will create a roster of Senior Manager Panel Candidates. The second Contractor Panel member will be selected by the Secretary from this roster on a rotational basis; The Secretary will select a Chairperson for each Panel meeting. The Chairperson shall be an independent, third party individual agreeable to the Director, Rehabilitation and Maintenance, and to the Chairperson of the Maintenance Sector; New Panel members, except those designated permanent, will be appointed for each Panel hearing; Substitute Panel members will be allowed whenever a conflict of interest is apparent, e.g. dispute from a Panel member's service area and/or region. Replacements are to be candidates selected according to the process identified above; and If an issue before a Panel member relates to a matter which, in the case of a Contractor, raises a conflict of interest or in the case of the Ministry relates to a decision made by the Panel member, then that Panel member will appoint a designate to hear the matter in their place.

224 Meetings: (a) (b) (c) The Panel shall convene with all four (4) members plus the Secretary and Chairperson in attendance; The Chairperson shall conduct and facilitate the hearings of the Panel, and in the event of a tie, the Chairperson will cast the deciding vote; At a Panel Meeting: (i) (ii) (iii) (iv) (v) (vi) (vii) the Contractor will present his case including any supporting evidence, documentation or witnesses. After the Contractor has finished, the Ministry will present its case including any supporting evidence, documentation or witnesses; the Contractor and/or the Ministry representative may each question the other on any matter directly related to the dispute; the Panel may question either the Contractor or the Ministry representative about any matter deemed relevant; the Contractor will make any concluding remarks together with their proposed resolution of the dispute. After the Contractor has finished, the Ministry Representative will make any concluding remarks together with their proposed resolution of the dispute; the Panel will discuss the dispute in the absence of the Contractor and Ministry Representative and endeavor to render a decision on the day of the Panel hearing; the Panel cannot delay a decision or request additional information, unless such delay or information is related to the need for a job site visit and the panel unanimously approves such a delay, in which case a decision will be provided within the time limits established herein; and the Panel must reach a majority decision; (d) Following a "Decision" or "No Decision" of the Panel, the Chairperson will set the decision in writing and have the Secretary communicate the decision to the parties. 7. Costs: (a) (b) (c) The Ministry and Contractor will pay all normal out-of-pocket costs for respective Panel members. Such expenses will include travel, meals, hotel and other reasonable costs incidental to the hearing; A per diem will be paid to the Chairperson together with the out-of-pocket expenses, and will be paid equally by the Ministry and the Contractor; Unusual expenses such as site visits or third party costs will not be paid unless reasonably necessary and agreed by the parties prior to any costs that are incurred. Expenses for site visits shall be paid as outlined in a) and b) above and third party expenses will be shared equally by the Ministry and the Contractor; and

225 - 6 - (d) To administer the Contractor's side of expenses, B.C. Road Builders & Heavy Construction Association will charge travel expenses for Contractor Panel members and the Chairperson to the Contractors whose disputes are heard at a given Panel meeting. Such charges will be payable pro rata by each Contractor with a dispute. Third party costs and site visit expenses for a specific dispute will not be shared pro rata but will be charged to the specific Contractor involved. 8. Panel Decisions: (a) (b) (c) (d) (e) (f) The decision making powers of the Panel will be limited to the interpretation of the Maintenance Contract and all appended material or documents referred to therein. The Panel will not establish amendments to the Maintenance Contract or related material; The Panel Chairperson will provide a written response to disputes within 14 calendar days of a dispute being heard. The Chairperson will communicate decisions by fax or by followed by regular mail; Within 14 days of the Panel decision, the parties will either enter into a written Agreement to be bound by the terms of the Panel's decision or notify the other party that they do not accept the Panel's decision and will pursue other remedies. If accepted, the Ministry will, within an additional 14 calendar days, distribute the results of a Panel's decision to all regions and contractors; Panel members agree to keep the details of the dispute and any Panel decision confidential until the parties have agreed to accept or reject the Panel's decision; If the Panel's decision results in the need for compensation to the Contractor, then it will be handled under the forms of the Contract within the scope of Articles 6, 7, 12 and Schedule 18. The Panel will indicate in its decision which Articles are applicable; and By mutual agreement, time limits may be extended.

226 "FORM A" The Secretary Dispute Review Panel Ministry of Transportation and Infrastructure P.O. Box 9850 Stn Prov Govt Victoria, British Columbia V8W 9T5 Attention: Director, Construction and Maintenance Dear Sir/Madam: Please proceed with the establishment of a Dispute Review Panel for A) Service Area: Region: B) Nature of Dispute: State Contract of License Clause, Articles or Maintenance Services Clause in dispute (use additional sheets if necessary). C) Proposed Resolution: (use additional sheets if necessary) D) Contractor contact for this dispute: Name: Title: Address: Phone No: E) District Manager Transportation for this Service Area: Name: Title: Address: Phone No: F) We acknowledge having received and read a copy of the Dispute of Resolution Process Part I, Part II and Part III and agree to abide by its terms and conditions. Authorized Signatory Contractor Name Schedule 11 Dispute Resolution Protocol R5.5 SA11

227 "FORM B" The Secretary Dispute Resolution Panel Ministry of Transportation and Infrastructure P.O. Box 9850 Stn Prov Govt Victoria, British Columbia V8W 9T5 Attn: Director, Construction and Maintenance Dear Sir/Madam: RE: Dispute Service Area The Ministry's position on the dispute is the following: A) B) Nature of Dispute: C) Ministry position and proposed resolution: D) Regional Director Name: Address: Phone No: Schedule 11 Dispute Resolution Protocol R5.5 SA11

228 SCHEDULE 12 COMMERCIAL VEHICLES PERMIT AGREEMENT THIS COMMERCIAL VEHICLES PERMIT AGREEMENT dated for reference BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA (the Province ) a body corporate, incorporated under the laws of the Province of British Columbia under Certificate of Incorporation and having its registered @ (the Contractor ) WHEREAS A. The Province may, when it is in the public interest, enter into agreements exempting in whole or in part, commercial vehicles from the Commercial Transport Act and regulations made thereunder, and from fees prescribed therein, and may in such agreements prescribe the terms for the operation of such commercial vehicles on designated highways; B. The Province, having determined that it is in the public interest, hereby enters into this Commercial Vehicles Permit Agreement whereby certain exemptions are granted on the terms set out in this Commercial Vehicles Permit Agreement; and C. This Commercial Vehicles Permit Agreement is entered into concurrently with the Highway Maintenance Agreement (herein defined). NOW THEREFORE in consideration of the premises and the covenants contained herein and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged by each of the parties), the Province and the Contractor agree as follows: Definitions 1.1 In this Commercial Vehicles Permit Agreement, unless the context otherwise requires: (a) "CTA" means the Commercial Transport Act, R.S.B.C. 1996, c. 58; (b) "CT Regulations" means the Commercial Transport Regulations BC Reg. 30/78; (c) CT Fees Regulation means the Commercial Transport Fees Regulation BC Reg. 328/91; (d) (e) (f) Event of Default means any event described in section 10.3 of this Commercial Vehicles Permit Agreement; Highways has the meaning given to it under the Highway Maintenance Agreement; Highway Maintenance Agreement means that highway maintenance agreement entitled Highway Maintenance Agreement Service Area 11, dated as of the date of this Commercial Vehicles Permit Agreement and made between Her Majesty the Queen in Right of the Province of British Columbia, represented by the Minister Responsible for the Transportation Act and the Contractor, as that agreement may be amended from time to time; Schedule 12 Commercial Vehicles Permit Agreement R5.5 SA11

229 2 (g) (h) Maintenance Services has the meaning given to it in the Highway Maintenance Agreement; Services has the meaning given to it in the Highway Maintenance Agreement; (i) "Specialized Equipment" means any equipment, other than a Vehicle, as described in section 2.3 of this Commercial Vehicles Permit Agreement; (j) (k) (l) "Term" has the meaning given to it in the Highway Maintenance Agreement; "Vehicle" means a truck, as defined in Regulation No. 26/58 made pursuant to the Motor Vehicle Act Regulations, R.S.B.C. 1996, c. 318, as described in section 2.3 of this Commercial Vehicles Permit Agreement; and Services means the provision of labour, materials and equipment for the purpose of Maintenance as described in the Maintenance Specifications. Application of Permit 2.1 Except as expressly set out in this Commercial Vehicles Permit Agreement, the Contractor shall comply with all laws applicable to the Vehicles and Specialized Equipment. 2.2 Subject to the terms of this Commercial Vehicles Permit Agreement, this Commercial Vehicles Permit Agreement will commence the Commencement Date of the Highway Maintenance Agreement, and will continue in effect during the Term, unless earlier terminated in accordance with this Commercial Vehicles Permit Agreement. 2.3 The exemptions granted under this Commercial Vehicles Permit Agreement apply to Vehicles and Specialized Equipment, (a) which are capable of traveling on their own wheels; (b) which are owned by, leased to, subcontracted or hired by the Contractor; and (c) which are operated for the purpose of performing the Services or the Services, as the case may be; and either (d) during such periods of time that the Vehicles and Specialized Equipment are being operated on the Highways for the purpose of performing the Services, or if such purpose is expressly limited in this Commercial Vehicles Permit Agreement to the performance of Services, then only during such periods of time that the Vehicles and Specialized Equipment are being operated on the Highways for the purpose of performing Services; or (e) during such periods of time that the Vehicles and Specialized Equipment are being operated on the Highways for the purpose of travelling to and from locations where the Services or the Services, as the case may be, are to be or were performed. Dimensional restrictions 3.1 Vehicles are exempt from the width restrictions in section 7.06 of the CT Regulations on the following terms: (a) a Vehicle without plow blade attachments may not exceed 2.6 metres in total outside width, including its load; (b) plow blades installed on a Vehicle may not exceed 5.2 metres in total outside width; (c) the following apply to plow blades: (i) No plow extensions are permitted to extend past the left side of a Vehicle unless: (A) the left side plow extension is immediately retractable by the driver, using cab controls while performing plowing operations; and Schedule 12 Commercial Vehicles Permit Agreement R5.5 SA11

230 3 (B) the left side extension must have a flashing 10 cm size amber light installed on the plow left extremity, the flashing light to be visible front and rear; (d) if a Vehicle, including its plow blade attachments, has a total outside width of 3.2 metres or less, red flags must be displayed on each end of the front bumper of the Vehicle, in lieu of complying with section 8.05 of the CT Regulations; (e) if a Vehicle, including its plow blade attachments, has a total outside width greater than 3.2 metres, (i) red flags must be displayed on each end of the front bumper of the Vehicle; (ii) amber flashing or rotating lights visible from all directions and operating as safety devices must be mounted on and displayed from the Vehicle, in lieu of complying with section 8.05 of the CT Regulations; and (iii) flashing 10 cm size amber lights and red flags must be mounted on the extremities of all right side wings and all plow extensions, left or right side, visible from front to rear. These requirements are necessary to provide safety to the travelling motorist and to provide controlled operation of the plow truck under varying operational requirements, including in connection with plowing over the centerline. 3.2 If plow blades are installed on a Vehicle, all wing plow extensions must be retracted or removed when the Vehicle is not used in the actual process of performing Services. 3.3 If plow blades are installed on the front of a Vehicle: (a) the front blades on single steering axle Vehicles may not project more than 5.0 metres forward of the centre of the front steering axle of the Vehicle; (b) the front blades on tandem steering axle vehicles may not project more than 5.6 metres forward of the centre of the front steering axle of the Vehicle; (c) red flags must be displayed on each end of the front bumper of the Vehicle; (d) incandescent amber flashing or rotating lights visible from all directions, operating as safety devices, and in compliance with the Ministry of Transportation and Infrastructure s Equipment Fleet Operations Policy, must be mounted on and displayed from the Vehicle; and (e) when the Vehicle is not used in the actual process of performing the Services, the front blades must be retracted or reduced. 3.4 Specialized Equipment is exempt from the width restrictions in section 7.06 of the CT Regulations on the following terms: (a) if the Specialized Equipment has a total outside width greater than 2.6 metres and no more than 5.2 metres: (i) red flags must be prominently displayed on each end of the front bumper or of the front chassis of the Specialized Equipment, as applicable; and (ii) incandescent amber flashing or rotating lights visible from all directions and operating as safety devices must be mounted on and displayed from the Specialized Equipment; and (b) if blade extensions are installed on the Specialized Equipment, the blade extensions must be retracted or reduced when the Specialized Equipment is not used in the actual process of performing the Services. Tire load weight restrictions 4.1 While being operated to perform Services, including travel on the Highways to and from locations where Services are to be performed, Vehicles are exempt from the tire load weight restrictions prescribed in the following CT Regulations on the following terms: (a) for single drive axle Vehicles: (i) gross load on the steering axle tires may not exceed 110% of the weight prescribed in Appendix B of the CT Regulations; and Schedule 12 Commercial Vehicles Permit Agreement R5.5 SA11

231 4 (b) (ii) gross load on the drive axle tires may not exceed 115% of the weights prescribed in Appendix B of the CT Regulations; and for tandem drive axle Vehicles: (i) gross load on the steering axle tires may not exceed 110% of the weight prescribed in Appendix B of the CT Regulations; and (ii) gross load on the tandem axle tires may not exceed 110% of the weight prescribed in Appendix B of the CT Regulations. Axle load weight restrictions 5.1 While being operated to perform Services, including travel on the Highways to and from locations where Services are to be performed, Vehicles and Specialized Equipment are exempt from the axle load weight restrictions prescribed in the following CT Regulations on the following terms: (a) for single drive axle Vehicles, gross load on the drive axle must not exceed 115% of the weight set forth in Appendix B of the CT Regulations; (b) for tandem drive axle Vehicles: (i) gross load on the steering axle must not exceed 110% of the weight set forth in Appendix B of the CT Regulations; and (ii) gross load on the tandem drive axles must not exceed 110% of the weight set forth in Appendix B of the CT Regulations; and (c) for Specialized Equipment equipped with blades, buckets or other snow plowing or snow removal apparatus, gross axle load must not exceed 110% of the weight set forth in Appendix B of the CT Regulations. Sundays and General Holidays 6.1 Persons operating the Vehicles or Specialized Equipment that are subject to this Commercial Vehicles Permit Agreement are exempt from section 7.02(15) of the CT Regulations for so long as and to the extent that such persons operate such Vehicles and such Specialized Equipment in compliance with this Commercial Vehicles Permit Agreement. Headlamps 7.1 Vehicles may be equipped with one or 2 headlamps mounted on each side of the front of the vehicle additional to the number of headlamps required by applicable laws, and such additional headlamps may be mounted at a height exceeding the requirements of the applicable laws, provided that: (a) at any time that the headlamps are in use, only one set of either the required headlamps or the additional headlamps will be illuminated; (b) such Vehicles are equipped with a toggle device that allows the Contractor to alternate illumination of the required and additional headlamps; and (c) the additional headlamps are illuminated only at the times that plow blades are installed on such Vehicles. 7.2 The Contractor will take all necessary measures and will cause all necessary measures to be taken to ensure that: (a) the Vehicles carrying the additional headlamps referenced in section 7.1 have the necessary and properly functioning toggle device; (b) at no time will the operator of any such Vehicle illuminate the required headlamps and the additional headlamps at the same time; and (c) if the plow blades are removed from any such Vehicle, the Contractor of any such Vehicle will illuminate only the required headlamps, and not the additional headlamps. Schedule 12 Commercial Vehicles Permit Agreement R5.5 SA11

232 5 Free permit 8.1 Subject to full compliance with the terms of this Commercial Vehicles Permit Agreement, the Contractor is exempt from the requirements set out in the CTA or the CT Fees Regulation to pay for the issuance by the Province to the Contractor of any permission to operate the Vehicles or Specialized Equipment that are subject to this Commercial Vehicles Permit Agreement in the manner contemplated by this Commercial Vehicles Permit Agreement. Production of permit 9.1 By not later than 36 hours from demand by the Province on the operator or the driver of such Vehicle or Specialized Equipment, the Contractor must produce, to the satisfaction of the Province, evidence that the Contractor has obtained this Commercial Vehicles Permit Agreement, and that the Vehicle or Specialized Equipment relating to the Province s demand, was being operated in compliance with the requirements of section 2.3 of this Commercial Vehicles Permit Agreement. Termination 10.1 Despite any other provision of this Commercial Vehicles Permit Agreement, the Province may at any time during the Term terminate or suspend this Commercial Vehicles Permit Agreement, in whole or in part, by written notice to the Contractor, if the Province considers such termination or suspension to be required in the public interest If, for any reason, the Highway Maintenance Agreement is terminated or is taken out of the hands of the Contractor, then this Commercial Vehicles Permit Agreement will automatically terminate effective on the date of termination of the Highway Maintenance Agreement or on the date that the Highway Maintenance Agreement is taken out of the hands of the Contractor, as the case may be Any of the following events will constitute an event of default under this Commercial Vehicles Permit Agreement whether the event is voluntary, involuntary or results from the operation of law or any judgment or order of any court or administrative or government body: (a) an Event of Default, as defined in the Highway Maintenance Agreement, occurs under section 18.1 of the Highway Maintenance Agreement; or (b) the Contractor fails to observe, perform or comply with any term of this Commercial Vehicles Permit Agreement; and upon the happening of any such Event of Default, the Province may exercise any right or remedy which the Province may have at law or in equity, including without limitation termination of this Commercial Vehicles Permit Agreement. Notices 11.1 Any notice, document, statement, report, demand to be given or made under this Commercial Vehicles Permit Agreement, will be in writing and may be given or made by personal delivery, by courier service, by mail in Canada, or by facsimile transmission, to the following addresses: (a) if to the Province or the Minister (or both of them): Ministry of Transportation and Infrastructure Rocky Mountain District Office th Avenue South Cranbrook, BC V1C 2N1 Telephone: (250) Attention: District Manager, Transportation with a copy to: Schedule 12 Commercial Vehicles Permit Agreement R5.5 SA11

233 6 Ministry of Transportation and Infrastructure Rehabilitation and Maintenance Branch 4C-940 Blanshard Avenue Victoria, BC V8W 3E6 Attention: Manager, Maintenance Contracts Procurement (b) if to the Any such notice, document, statement, report, or demand so mailed will be deemed given to and received by the addressee on the third business day after the mailing of the same except in the event of disruption of postal services in Canada in which case any such notice, document, statement, report, demand or payment will be deemed given to and received by the addressee when actually delivered to the particular address set out above Any notice, document, report, statement or demand transmitted by facsimile will be conclusively deemed validly given to and received by the intended recipient when confirmed by transmission confirmation report Either party may, from time to time, advise the other by notice in writing of any change of address or facsimile number of the party giving such notice and, from and after the giving of such notice, the address or facsimile number therein specified will, for purposes of this Commercial Vehicles Permit Agreement, be deemed to be the address or facsimile number of the party giving such notice. Miscellaneous 12.1 The Contractor will treat as confidential and will not, without the prior written consent of the Province, publish, release, or disclose, or permit to be published, released or disclosed either before or after the expiration or sooner termination of this Commercial Vehicles Permit Agreement, any information supplied to, obtained by, or which comes to the knowledge of the Contractor as a result of this Commercial Vehicles Permit Agreement, except insofar as such publication, release or disclosure is required by law or is necessary to enable the Contractor to fulfill the obligations of the Contractor under this Commercial Vehicles Permit Agreement This Commercial Vehicles Permit Agreement constitutes the entire agreement between the parties in respect of the subject matter of this Commercial Vehicles Permit Agreement and no understandings, representations, contracts, or agreements, oral or otherwise, exist between the parties with respect to the subject matter of this Commercial Vehicles Permit Agreement except as expressly set out in this Commercial Vehicles Permit Agreement. The Contractor agrees that in entering into this Commercial Vehicles Permit Agreement the Contractor has not and does not rely upon any previous representation of the Province, or of servants, employees, agents, or representatives of the Province, whether expressed or implied, or upon any inducement or agreement of any kind or nature. All prior understandings, negotiations, representations, contracts or agreements are hereby canceled. Schedule 12 Commercial Vehicles Permit Agreement R5.5 SA11

234 The Contractor will not assign, sub-permit, or sub-contract, either directly or indirectly, this Commercial Vehicles Permit Agreement or any rights or exemptions of the Contractor under this Commercial Vehicles Permit Agreement Each of the parties will, upon the reasonable request of the other, make, do, execute or cause to be made, done or executed all further and other lawful acts, deeds, things, devices, documents, instruments and assurances whatever for the better or more perfect and absolute performance of the terms and conditions of this Commercial Vehicles Permit Agreement Public disclosure of this Commercial Vehicles Permit Agreement and any documents or other records pertaining to this Commercial Vehicles Permit Agreement which are in the custody or under the control of the Province, will be governed by the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c Time will be of the essence of this Commercial Vehicles Permit Agreement All provisions of this Commercial Vehicles Permit Agreement in favour of the Province and all rights and remedies of the Province, either at law or in equity, will survive the expiration or sooner termination of this Commercial Vehicles Permit Agreement No waiver by either party of a breach or default by the other party in the observance, performance or compliance of any of its obligations under this Commercial Vehicles Permit Agreement will be effective unless it is in writing and no such waiver will be deemed or construed to be a waiver of any other breach or default and failure or delay on the part of either party to complain of an act or failure of the other party or to declare such other party in default, irrespective of how long such failure or delay continues, will not constitute a waiver by such party of any of its rights against the other party If any provision of this Commercial Vehicles Permit Agreement or the application thereof to any person or circumstance is invalid or unenforceable to any extent, the remainder of this Commercial Vehicles Permit Agreement and the application of such provision to any other person or circumstance will not be affected or impaired thereby and will be valid and enforceable to the extent permitted by law This Commercial Vehicles Permit Agreement may only be amended by a further written agreement executed by both parties. Interpretation 13.1 A reference in this Commercial Vehicles Permit Agreement: (a) to a statute whether or not that statute has been defined, means a statute of the Province of British Columbia unless otherwise stated and includes every amendment to it, every regulation made under it and any enactment passed in substitution therefor or in replacement thereof; and (b) to any other agreement between the parties means that other agreement as it may be amended from time to time by the parties Unless the context otherwise requires, any reference to "this Commercial Vehicles Permit Agreement" means this instrument and any reference in this Commercial Vehicles Permit Agreement to any article, section, subsection or paragraph by number is a reference to the appropriate article, section, subsection or paragraph in this Commercial Vehicles Permit Agreement The headings or captions in this Commercial Vehicles Permit Agreement are inserted for convenience only and do not form a part of this Commercial Vehicles Permit Agreement and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Commercial Vehicles Permit Agreement. Schedule 12 Commercial Vehicles Permit Agreement R5.5 SA11

235 In this Commercial Vehicles Permit Agreement, "person" includes a corporation, firm, association and any other legal entity and wherever the singular or masculine is used it will be construed as if the plural, the feminine or the neuter, and wherever the plural or the feminine or the neuter is used it will be construed as the singular or masculine, as the case may be, had been used where the context or the parties so require In this Commercial Vehicles Permit Agreement, the words "including" and "includes", when following any general term or statement, are not to be construed as limiting the general term or statement to the specific items or matters set forth or to similar items or matters, but rather as permitting the general term or statement to refer to all other items or matters that could reasonably fall within the broadest possible scope of the general term or statement No provision of this Commercial Vehicles Permit Agreement is intended to derogate from or be inconsistent with or in conflict with any applicable laws and should not be interpreted in a manner as to result in any derogation, inconsistency or conflict and if any such provision is found by a court of competent jurisdiction to be inconsistent with or in conflict with any applicable laws, the applicable laws will prevail and such provision will be read down or rendered inoperative (either, generally or in such particular situation, as appropriate), to the extent of such conflict or inconsistency, as the case may be, and if any such provision is found by a court of competent jurisdiction to derogate from any applicable laws, then such provision will be read down or rendered inoperative (either, generally or in such particular situation, as appropriate) to the extent of the derogation This Commercial Vehicles Permit Agreement will be governed by, construed and interpreted in accordance with the laws of the Province of British Columbia and the courts of competent jurisdiction, within the province of British Columbia, will have exclusive jurisdiction with respect to any legal actions commenced to enforce the provisions of this Commercial Vehicles Permit Agreement. The parties have executed this Agreement by their duly authorized representatives or officers as follows: SIGNED on behalf of Her Majesty the Queen in Right of the Province of British Columbia by a duly authorized representative of the Minister Responsible for the Transportation Act on the For the Minister Responsible for the Transportation Act ) ) ) ) ) ) ) ) THE COMMON SEAL was hereunto affixed on the day in the presence of: SIGNATURE TITLE ) ) ) ) ) ) ) ) (C/S) Schedule 12 Commercial Vehicles Permit Agreement R5.5 SA11

236 SCHEDULE 13 INSURANCE REQUIREMENTS 1. ISSUANCE OF INSURANCE All insurance coverage will be issued with insurers acceptable to the Minister, and issued by companies licensed to transact business in the Province of British Columbia or Canada. 2. EVIDENCE OF COVERAGE The Contractor shall file evidence of insurance to comply with no less than the minimum requirements outlined in these insurance specifications and in this Agreement at Article 9 prior to starting work and before any payments by the Province are made under this Agreement. The first evidence of coverage will be supplied to the Province prior to the Commencement Date as follows: a) For all policies, except Automobile Liability, by way of a duly completed and signed Certificate of Insurance. b) For Automobile Liability insurance, a duly executed I.C.B.C. APV250L form, provided that if excess limits are purchased through private insurers, evidence will be provided by way of signed, certified copies of these policies. The second evidence of coverage will be supplied to the Province no later than 120 days from the Commencement Date and will be the originals or signed, certified copies of all current policies and any endorsements necessary to comply with these insurance specifications and any other requirements outlined elsewhere in this Agreement. 3. LIABILITY POLICIES 3.1 THIRD PARTY LIABILITY INSURANCE Commercial General Liability insurance including non-owned automobile and contractual liability insurance will be arranged with inclusive limits of not less than TEN MILLION DOLLARS ($10,000,000.00) for bodily injury, death, and property damage arising from any one accident or occurrence. The insurance policy will pay on behalf of the named insureds, additional named insureds and the additional insureds under the policy for any sum or sums which the insured may become liable to pay or shall pay for bodily injury, death or property damage or for loss of use thereof, arising out of or resulting from the work or operations of the Contractor or subcontractors, including all persons, firms or corporations who perform any of the work, in connection with the Maintenance Agreement, anywhere within Canada and the United States of America. In addition to the above limits, such liability insurance will also pay all costs, charges, and expenses in connection with any claims that may require to be contested by the insureds anywhere within Canada and the United States of America. Schedule 13 Insurance Requirements R5.5 SA11

237 EXTENSION OF COVERAGE 2 Such liability insurance will cover liability assumed by the Contractor in connection with and applicable to the Maintenance Agreement and will include the following coverage extensions applicable to the following liability policies: Coverage Extensions Applicable to the Commercial General Liability Policy * Canada and United States coverage territory * Products/Completed Operations * Occurrence Property Damage * Broad Form Property Damage * Contingent Employers Liability * Medical Payments * Incidental Medical Malpractice * Blanket Written Contractual * Cross Liability * Attached Machinery * Non Owned Automobile * Legal Liability for damage to hired automobiles * Hazardous Operations (XCU) * Sudden and Accidental Pollution with coverage of not less than $2,000, (IBC Form #2313) if the Maintenance Agreement includes an Agreement to Lease or Sublease a Yard from the British Columbia Buildings Corporation ( BCBC ) * 30 days notice of Cancellation or Limitation of cover (as more fully outlined under Section 6.1 of this Schedule) INCLUSIONS/EXCLUSIONS NOT PERMITTED Hazardous operations, including excavation pile driving, shoring, blasting, underpinning, or demolition work or any other operation or work to be performed will not be excluded from insurance coverage. Claims arising out of the legal liability upon the Insured at common law and extended by Statute for bodily injury or death to employees of the Insured will not be excluded. However, exclusions applicable to liability imposed upon or assumed by the Insured under any Workers Compensation Statutes or for assessment by any Workers Compensation Board will be permitted. Liability assumed by the insureds under contract with railroad companies for the use and operation of railway sidings or crossings will not be excluded. Liability assumed by the Contractor under and applicable to any Gravel Licenses will not be excluded. Liability arising out of all products where the Contractor supplies the material will not be excluded. Tort liability assumed by the Contractor under the Maintenance Agreement will not be excluded. Exclusion of joint venture projects will not be permitted. Other types of services not listed above, to be performed by the Contractor under the Maintenance Agreement will not be excluded. Schedule 13 Insurance Requirements R5.5 SA11

238 3 If vessels owned, leased or operated in the course of the Maintenance Agreement are covered under the Commercial General Liability policy for all bodily injury or death and property damage, then the Contractor will ensure that at all times during the term of the Maintenance Agreement the minimum limits and amounts as required by the Marine Liability Act and or regulations to the Marine Liability Act are maintained. The Contractor will be responsible for ensuring that any changes to the requirements of the Marine Liability Act and/or the regulations of the Marine Liability Act are reflected in the insurance coverage provided. Notwithstanding the requirements of the Marine Liability Act, the limits under the Commercial General Liability insurance must not be less than $10,000,000 (TEN MILLION). DEDUCTIBLE A maximum deductible on the primary insurance policy will be allowed for any one accident or per occurrence of up to FIFTY THOUSAND DOLLARS ($50,000.00) on the primary insurance policy. Payment of any deductible will be the responsibility of the Contractor. SELF-INSURED RETENTION A maximum self-insured retention of up to FIFTY THOUSAND DOLLARS ($50,000.00) for any one accident or per occurrence will be permitted for Contractors providing umbrella/excess liability insurance subject to having a minimum primary insurance policy of TWO MILLION DOLLARS ($2,000,000.00) underlying the umbrella/excess PROTECTION AND INDEMNITY INSURANCE IF vessels are owned, leased or operated in the course of the Maintenance Agreement by the Contractor, and are not covered under the general liability policy, then the Contractor will provide Protection and Indemnity insurance for all bodily injury or death and property damage with limits of not less than TEN MILLION DOLLARS ($10,000,000.00) for such vessels. Such Protection and Indemnity insurance will include four-fourths collision liability insurance. The Contractor will be responsible for ensuring that any changes to the requirements of the Marine Liability Act and/or the regulations of the Marine Liability Act are reflected in the insurance coverage provided. Notwithstanding the requirements of the Marine Liability Act, the limits must not be less than TEN MILLION DOLLARS ($10,000,000.00) AERIAL TRAMS AND/OR FERRIES IF aerial trams or ferries operated in the course of the Maintenance Agreement are not covered under the Commercial General Liability policy, then the Contractor will obtain and maintain insurance applying to all aerial trams or ferries operated in the course of the Maintenance Agreement. The Contractor shall ensure that at all times during the term of the Maintenance Agreement the minimum limits and amounts of not less than TEN MILLION DOLLARS ($10,000,000) are maintained AUTOMOBILE INSURANCE Automobile Liability coverage with inclusive limits of not less than TEN MILLION DOLLARS ($10,000,000.00) providing third party liability and accident benefits insurance and automobile physical damage insurance including collision and comprehensive coverage must be provided for all vehicles required by law to be licensed that are owned, leased or rented by the Contractor, and that are used in the performance of the Maintenance Agreement. Schedule 13 Insurance Requirements R5.5 SA11

239 AIRCRAFT INSURANCE IF aircraft (including helicopters) are used in the performance of the Maintenance Agreement and are owned, leased or rented by the Contractor, then third party liability coverage with inclusive limits of not less than TEN MILLION DOLLARS ($10,000,000.00) must be provided. 4. ADDITIONAL CONDITIONS FOR ALL LIABILITY POLICIES (except Owned Automobile Liability Insurance) Contractual Liability - the insurance provision set out above is the minimum coverage required by the Province under the Maintenance Agreement. Each Liability Policy will (except Owned Automobile Liability Insurance) be endorsed as follows: Notwithstanding any other terms, conditions, or exclusions elsewhere in this policy, it is understood and agreed that this policy is extended to include insurance coverages and clauses as follows: Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Transportation and Infrastructure, together with the employees, agents, and servants of the Minister, hereinafter referred to as the Additional Named Insured, is added as an Additional Named Insured, in respect of liability arising from the work or operations of the Insured and the Additional Named Insured in any way relating to maintenance of Highways within the Service Area including under the Maintenance Agreement. The unqualified word insured also includes Contractors and subcontractors including all persons, firms, or corporations who perform any part of the work under this Maintenance Agreement. The insurance as is afforded by this policy shall apply in the same manner and to the same extent as though a separate policy had been issued to each insured. Any breach of a condition of the policy by any Insured shall not affect the protection given by this policy to any other insured. The inclusion herein of more than one Insured shall not operate to increase the limit of liability under this policy. Hazardous operations such as excavation, pile driving, shoring, blasting, under-pinning, or demolition work or any other operation or work to be performed by the Province, Contractor or subcontractors, including all persons, firms or corporations who perform any of the work in connection with the Maintenance Agreement, will not be excluded from insurance coverage, where such type of work or operation is to be performed by any such party under the Maintenance Agreement subject to prior notification to the insurer by the Contractor. 5. PROPERTY POLICIES 5.1 EQUIPMENT INSURANCE The Contractor will obtain, maintain and provide evidence of "ALL-RISKS" insurance coverage, satisfactory to the Province, covering all equipment utilized in the performance of the services under Schedule 13 Insurance Requirements R5.5 SA11

240 5 the Maintenance Agreement that is owned, rented, or leased by the Contractor, or for which the Contractor may be responsible. Policies must include the following Waiver of Subrogation: In the event of any third party loss or damage or any physical loss or damage to the work, or Contractor's equipment, the settlement or payment of the subsequent claim shall be made without the right of subrogation against her Majesty the Queen as represented by the Minister or any employees, servants or agents of the Minister. 6. ADDITIONAL REQUIREMENTS FOR ALL POLICIES 6.1 NOTICE OF CANCELLATION, ETC. The required insurance will not be cancelled, removed, reduced, materially changed or altered except upon written consent of the Minister, and in this connection thirty (30) days prior notice in writing must be given by Registered Mail to: The Manager, Insurance and Bonds, Ministry of Transportation, PO Box 9850 STN Prov Govt, 4 th Floor, 940 Blanshard Street, Victoria, B.C. V8W 9T PRIMARY INSURANCE All the foregoing insurance will be primary and not require the sharing of any loss by any other insurer of the Province EVIDENCE OF RENEWAL The Contractor will furnish evidence of the renewal or extension at least thirty (30) days prior to the expiry date of the policy by way of a duly completed Ministry Certificate of Insurance (H0111), subject to the condition that originals or signed, certified copies of all current policies and necessary endorsements shall be forwarded within one hundred and twenty (120) days of the date of issuance of the Ministry Certificate of Insurance to: The Manager, Insurance and Bonds, Ministry of Transportation and Infrastructure, PO Box 9850 STN Prov Govt, 4 th Floor, 940 Blanshard Street, Victoria, B.C. V8W 9T5. THE PROVINCE ASSUMES NO RESPONSIBILITY FOR THE ADEQUACY OF THE INSURANCE EFFECTED IN FAVOUR OF THE CONTRACTOR OR THE PROVINCE UNDER THE MAINTENANCE AGREEMENT. Schedule 13 Insurance Requirements R5.5 SA11

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242 SCHEDULE "14" COST PLUS RATES 1. Cost Plus Rates are calculated in accordance with this Schedule. 2. Payment by the Minister to the Contractor for Additional Maintenance Services pursuant to subsection 5(a) of Schedule 18 ( Additional Maintenance Services ) will be calculated in accordance with this Schedule and will constitute full and final payment for all costs and expenses incurred by the Contractor in connection with providing the Additional Maintenance Services. 3. Conditional upon the Minister making payment to the Contractor on the Cost Plus Rates basis is the Minister s receipt of the following supporting documentation: (a) (b) (c) (d) (e) (f) for labour: include time cards showing employee name, rate, hours worked, location of work and activity (type of work); for purchased materials: include invoices from the supplier that include the item description, quantity, unit cost, and total cost; for materials from own inventory: include 3 quotes for same/similar material to determine market price, including shipping and delivery charges; for hired equipment: invoices include the type, make, model, size, year, attachments, rate (as defined in the Equipment Rental Rate Guide, B.C. Road Builders & Heavy Construction Association), and hours worked; for subcontracts: include a copy of the agreement; and for living out allowance payable only at the Group 1 provincial government per diem rates: include the name of employees, hours worked, location of work and receipt for accommodation. Meal receipts are not required. Labour 4. Cost Plus Rates for labour will, subject to the terms of this Agreement, be an amount equal to the total of subsections 4(a) and 4(b): (a) the actual wages paid or incurred directly by the Contractor in respect of the Contractor s labour and supervisory personnel who are actively and necessarily engaged on the particular item of work performed by the Contractor, which is based on: (i) where applicable, the collective agreement in force between the Contractor and the trade union representing the employees of the Contractor that is in effect, voluntarily recognized, or certified pursuant to the Labour Relations Code of British Columbia; or Schedule 14 Cost Plus Rates R5.5 SA11

243 2 (ii) where there is no collective agreement, the Contractor s actual costs for wages and salaries certified in writing by the Contractor to the satisfaction of the Minister; and (b) 60% of the total costs calculated under subsection 4(a) of this Schedule to cover the Contractor s payroll burden, profit, and any and all other costs of the Contractor, including without limitation, the Contractor s overhead, supervision, administration, insurance and bonding costs and other expenses. For clarity, payroll burden includes, but is not limited to, the following costs paid by the employer: vacation pay, sick leave, statutory holidays, training, employment insurance, group life insurance, BC Medical, group medical plan, WorkSafe BC, pension plan, CPP and union contributions. 5. The Cost Plus Rates for labour will not include: (a) (b) (c) any payment or costs incurred by the Contractor for operators of hired equipment, as described in the Ministry s Hired Equipment Policy; labour costs incurred by the Contractor in connection with or under subcontracts; or costs incurred by the Contractor for general supervision, administration, or management time spent on the item of work. Equipment 6. Cost Plus Rates for equipment will, subject to the terms of this Agreement, be an amount equal to the total of subsections 6(a), 6(b) and 6(c): (a) costs for equipment owned or leased by the Contractor will be an amount equal to the applicable All Found Less Operator rate plus the fuel surcharge set out in the Equipment Rental Rate Guide published by the B.C. Road Builders & Heavy Construction Association and authorized by the Province, in effect when that item of work was performed, or, if the Equipment Rental Rate Guide is silent as to the applicable rate, the rate will be agreed upon by the Province and the Contractor prior to the use of the equipment in the performance of the applicable item of work, being full payment and reimbursement for all fuel, oil, lubrication, repairs, maintenance, and other costs incidental to owning and operating the equipment; (b) costs for hired equipment will be an amount equal to the applicable All Found rate plus the fuel surcharge set out in the Equipment Rental Rate Guide described in subsection 6(a) above, in effect when that item of work was performed, or, if the Equipment Rental Rate Guide is silent as to the applicable rate, the rate will be agreed upon by the Province and the Contractor prior to the use of the equipment in the performance of the applicable item of work, being full payment and reimbursement for the operator, and for all fuel, oil, lubrication, repairs, maintenance, and other costs incidental to owning and operating the equipment; and Schedule 14 Cost Plus Rates R5.5 SA11

244 3 (c) 15% of the total costs calculated under subsections 6(a) and 6(b) of this Schedule to cover the Contractor s profit, and any and all other costs of the Contractor, including without limitation, the Contractor s overhead, supervision, administration, insurance and bonding costs and other expenses. 7. The Cost Plus Rates for equipment will not include fees for equipment incurred by the Contractor in connection with or under subcontracts. Materials 8. The Cost Plus Rates for materials purchased or supplied from stock that are necessary to carry out the work will subject to the terms of this Agreement, be an amount equal to the total of subsections 8(a) and 8(b): (a) (b) the actual costs incurred by the Contractor for materials supplied in the performance of the applicable item of work at invoice costs (which includes all freight and express charges, all taxes excluding GST, and all other costs incurred by the Contractor to supply the materials delivered and used to perform the applicable item of work, at the site) or the market price for materials from the Contractor s own inventory (as evidenced by 3 quotes); and 10% of the total costs calculated under subsection 8(a) of this Schedule to cover the Contractor s profit, and any and all other costs of the Contractor, including without limitation, the Contractor s overhead, supervision, administration, insurance and bonding costs and other expenses. 9. Cost Plus Rates for materials will not include fees for materials incurred by the Contractor in connection with or under subcontracts; Subcontracts 10. Cost Plus Rates for subcontracts necessary to carry out the work will, subject to the terms of this Agreement, be an amount equal to the total of subsections 10(a) and 10(b): (a) (b) the actual costs incurred by the Contractor for subcontracts with subcontractors in the performance of the applicable item of work at invoice costs (which includes all taxes paid by the subcontractor and the Contractor); and 10% of the total costs calculated under subsection 10(a) of this Schedule to cover the Contractor s profit, and any and all other costs of the Contractor including without limitation, the Contractor s overhead, supervision, administration, insurance and bonding costs and other expenses. 11. For the purpose of this Schedule, a 'subcontract' is a contract between the Contractor and a third party for the purpose of the third party performing Additional Maintenance Services pursuant to this Agreement and does not include an equipment lease or hiring of equipment. Schedule 14 Cost Plus Rates R5.5 SA11

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246 SCHEDULE "15" AUTOMATED WEATHER STATIONS PART 1 1. General Terms 1.1 In this Schedule: (a) (b) (c) (d) "Automated Weather Stations" means the automated weather stations described in Appendix A of this Schedule; "Automated Weather Stations Fees" means the fees described section 2.2 of this Schedule; "Road Temperature and Conditions Forecasts" means the daily weather, road temperature and conditions forecasts available on the RWIS Website for each Automated Weather Station during the period commencing on the first day of November and ending on the last day of March for each Contract Year; "RWIS Information" means: (i) (ii) the atmospheric and road information that includes data on precipitation, snow accumulation, pavement temperatures, and conditions gathered at each Automated Weather Station and uploaded to the RWIS Website; and the Road Temperature and Conditions Forecasts uploaded to the RWIS Website for that Automated Weather Station; (e) "RWIS Website" means the Provincial Road Weather Information System website. 1.2 In consideration of the Automated Weather Stations Fees, the Province will provide the Contractor with access to the RWIS Website. 1.3 The RWIS Information is provided as is, and the Province does not, expressly or impliedly, give or make any representation, guarantee, or warranty, including without limitation any warranty of fitness for any particular purpose, and assumes no duty or obligation whatsoever, in contract or tort in connection with the RWIS Website or the RWIS Information and the availability of the RWIS Website or the RWIS Information. The RWIS Website may be interrupted or unavailable from time to time for any reason. 1.4 The RWIS Information: (a) is not to be interpreted as directions or instructions to the Contractor regarding the performance of the Maintenance Services; Schedule 15 Automated Weather Stations R5.5 SA 11

247 2 (b) (c) is one source of information and is not to be relied upon exclusively, or in substitution for atmospheric, climatological, and road conditions data, statistics, information, and forecasts that may be available from other sources; and is not a substitute for the Contractor s own inspections, patrols, monitoring, investigations, and assessments, opinions, and conclusions. 1.5 The Contractor remains fully responsible to undertake and perform any and all inspections, patrols, monitoring, investigations and assessments of any and all circumstances and road conditions in the Service Area. PART 2 2. Automated Weather Stations Fees 2.1 The total of the Automated Weather Stations Fees is due and owing from the Contractor to the Province on the Commencement Date and every Anniversary Date of the Term. 2.2 The total of the Automated Weather Stations Fees may be annually amended or adjusted by the Province, if the Province deletes or adds any Automated Weather Stations, by the Province giving written notice prior to the Anniversary Date of a new Appendix A of the Automated Weather Stations and Automated Weather Stations Fees that will be effective for the next Contract Year. Furthermore, the Automated Weather Stations Fees are subject to an annual adjustment pursuant to Schedule 2 ( Annual Adjustment Process ). 2.3 For greater clarity, if the Province deletes or adds to any of the Automated Weather Stations, the total of the Automated Weather Stations Fees due on the next Anniversary Date will be reduced or increased (as the case may be) by the applicable fee established for each deleted Automated Weather Station or as established by the notice from the Province for each added Automated Weather Station. Furthermore, if an Automated Weather Station is added or deleted during a Contract Year, the total of the Automated Weather Stations Fees will not be prorated up or down for the remainder of that Contract Year. 2.4 The Automated Weather Stations Fees are expressed as an amount that is exclusive of all applicable taxes. Schedule 15 Automated Weather Stations R5.5 SA 11

248 3 APPENDIX A (TO SCHEDULE 15) AUTOMATED WEATHER STATIONS FEES Subject to any Automated Weather Stations being added or deleted by the Province during the Term in accordance with the terms of this Schedule, the Automated Weather Stations and the Automated Weather Stations Fees are: Station Name Canal Flats Station Number Station Location Annual Fee Hwy 93/95 north of Cranbrook $9, Moyie Hwy 3 approx 5 km north of Moyie at Jones Corner $9, Morissey Hwy 3 approx 10 km south of Fernie at Morrissey Junction $9, Vermillion Pit Hwy 93 at Kindersley Creek approx. 12 km north of Radium $9, Line Creek West side of Hwy 43 at Line Creek Rd intersection $9, Crowsnest North side of Hwy 3 at the Sparwood inspection $9, station AUTOMATED WEATHER STATIONS TOTAL FEE: $54, Schedule 15 Automated Weather Stations R5.5 SA 11

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250 SCHEDULES 16 and 17 GLOSSARY OF TERMS FOR MAINTENANCE SPECIFICATIONS AND LOCAL AREA SPECIFICATIONS In these Maintenance Specifications and Local Area Specifications, unless the context otherwise requires, the following terms will have the following meanings ascribed to them: Abutment Acrow Agreement or Maintenance Agreement Alligatored Anchor Bolt Ancillary Facilities Anti-Icing Armour Backfill Backslope Bailey Bearing a wall supporting the end of a Bridge or Span and retaining the approach Fill. a proprietary name for a modular steel Panel Bridge similar to a Bailey Bridge. the Agreement between the Contractor and the Province to which this Schedule is attached. an area of pavement identified by a checkerboard of cracks giving an alligator hide appearance that may or may not be accompanied by surface distortion. a Foundation bolt (including hardware), drift spike, or any other device used for holding any mechanism or structure down. It may or may not be threaded. Any facilities that forms part of the highway system, including trails, driveways, fences, shoulder, parking facilities, etc. whether privately or publicly owned but entitled to be used by the public by legislation. activity involving the direct application of liquid or solid materials to bare or plowed pavement carried out in advance of a Weather Event to prevent the bonding of snow or ice to the roadway surface. metal covering used at joints or around Piles, including rigidly affixed anchorages, to protect the underlying material. earth or other material used to replace material removed during construction, such as in culvert trenches, and behind Bridge Abutments and Retaining Walls. Also refers to material placed in Binwalls and between an old structure and a new lining. the slope at the opposite side of a Highway ditch from the Shoulder, and extending up to the natural ground level. a modular Bridge made of interchangeable latticed steel Panels coupled with pins. Used primarily as an emergency or temporary Bridge. Superstructure support elements between the Bridge Seats and the Bridge Superstructure. Composed of steel, rubber, etc. separated into two general categories as follows: a) fixed allows only rotational movements. b) expansion allows longitudinal as well as rotational movements. Note: Refer to drawings for specific Bridges. Bent Bleeding Box Beam Boxed Heartwood Braces a line of columns built as a structural unit, transverse to the Bridge and supporting the load of the Superstructure. an area where the asphalt mix is too rich, leading to the asphalt oozing to the surface in puddles and leaving a slick and slippery area. concrete box Stringers which are precast for quick assembly at a Bridge site. When placed side by side these form the Deck as well and are often temporarily used as-is for a traffic Wearing Surface. refers to timber cuts that enclose (box) the heart of the tree within the edges of the timber and as defined by the National Lumber Grades Authority. a diagonal, or sometimes horizontal, structural member used to stiffen a structure. Schedules 16 and 17 Glossary of Terms R 5.5 SA11 Page 1

251 Bridge Bridge Abutment Fills Bridge Deck(s) Bridge Deck System(s) Bridge Joints Bridge Joint Armour Brow Log CGSB Camber Cap Cementitious Chord Class and Classification Commencement Date Compact Contract Year Counter Brace Crack Filling Crack Sealing Crook Crown Danger Tree Debris Debris Torrent Structure a structure providing a means of transit for pedestrians and/or vehicles above the land and/or water surface of a valley, arroyo, gorge, river, stream, lake, canal, tidal inlet, gut or strait, above a Highway, railway or other obstruction, whether natural or artificial. The essential parts of a Bridge are: (1) the Substructure consisting of its Abutments and Pier or Piers supporting the Superstructure, (2) the Superstructure slab, girder, Truss, arch or other span or spans supporting the Highway loads and transferring them the Substructure, and (3) the Highway and its incidental parts functioning to receive and transmit traffic loads. see Backfill. together, the structural components related to corrosion protection and wearing surface elements of a Bridge, including but not limited to: steel plates, steel grid, membranes and asphalt and polymer wearing surfaces. is comprised of the components that support the roadway portion of the bridge and other components that make up the deck such as concrete slab, steel, wood, overlays and membranes. includes expansion joints, sealed joints, Finger Joints, Sliding Plate Joints and all other Deck joints. steel plating conforming to the deck slab designed to support and/or protect Bridge Joints. a log placed above the Deck surface used as a Wheelguard. May act as an additional load-carrying Stringer if tied to the structure via Needle Beams. Canadian General Standards Board. CGSB specifications may be obtained from the Canadian General Standards Board, Ottawa, Ontario, K1A 1G6. slight arch built into the longitudinal profile of a beam to accommodate deflections due to Dead Loads and Live Loads. a horizontal member on an Abutment or Pier to distribute the loads of the Bridge. The Stringers or Bearings rest on the Cap. having the properties of cement; essentially composed of cement. the upper and lower longitudinal members of a Truss. has the same meaning as defined in Article 1 of the Maintenance Agreement the first day of the Term, as described in the Maintenance Agreement. a smooth winter driving surface of packed snow and ice that is free of potholes, rutting, washboard and Accumulation. has the same meaning as defined in Article 1 of the Maintenance Agreement. a Truss diagonal member inclined in the opposite direction to the Main Brace. Smaller than the Main Brace. an activity intended to reduce the amount of water infiltrating into the pavement and to reinforce the adjacent pavement involving the placement of a crack filler, generally a cold-pour bituminous emulsion, into the crack without affecting the crack geometry. an activity intended to prevent water from penetrating the pavement structure involving thorough crack preparation (routing) and followed by the placement of high-quality materials in a specific configuration. a deviation edgewise from a straight line drawn from end to end of a piece of lumber, whereas twist is a deviation flatwise including a curl, and bow is a deviation flatwise only. the vertical rise in elevation from the outside edge to the centerline on straight sections of Highway, used to ensure run-off drainage. any tree assessed as hazardous using a recognized assessment methodology such as that recognized by the Wildlife Tree Committee of British Columbia or the International Society of Arboriculture. litter, rubbish, vegetation, fallen rocks, dead animals, spilled materials, brush, branches or other tree components and other items, which are not part of the Highway by intention. any structure which by design and/or function acts to control the flow of, or contain, Debris or Debris Flows, including but not limited to Debris impound basins, avalanche berms, avalanche deflector mounds, basins associated with snowsheds. Schedules 16 and 17 Glossary of Terms R 5.5 SA11 Page 2

252 Deck Decking De-Icing Density Dirt and Gravel Highway Distortions Drainage Appliance Ekki Wood End Post Engineer Fill Slopes Finger Joints Flashing Floor Beams Flume Flyover Footing the portion of a Bridge that supports the Highway, from the top of the major structural members to the Wearing Surface, and designed to distribute loads evenly across the Bridge. timber planking used as a Wearing Surface on the Deck of a timber Bridge. activity involving the direct application of liquid or solid materials to Compact to facilitate removal of Compact from the roadway during or after a Weather Event. has the same meaning as defined in the Pavement Surface Condition Rating Manual. unpaved Highway, including the following components: the top surface of the Highway and the area between the outside edge of the top surface and the bottom of the ditch, known as the side slopes. Furthermore, the Dirt and Gravel Highway edge is the breakpoint between the extreme outside edge of the top surface and the side slopes. has the same meaning as defined in the Pavement Surface Condition Rating Manual. together, all components facilitating the movement of water off of or under a Highway including manholes, catch basins, inlets and outlets, drain pipes, french drains, flumes, box culverts and culverts less than 3 meters in size. (lophira procera) a tropical hardwood species used for timber Decking on Bridges. the last diagonal member at the end of a Truss, or the vertical member at the end of a Bailey or Acrow Bridge. an engineer licensed to practice in the Province of British Columbia pursuant to the Engineers and Geoscientists Act, R.S.B.C. 1996, c. 116; earth and/or rock slopes usually created from cut and fill road construction methods or fill used to elevate a road from the original ground surface to aid drainage. an expansion Joint in which the opening is spanned by meshing steel fingers or teeth. sheet metal used as waterproofing or Armour for timber or log members. transverse members which support the Stringers and transmit the load to the main Girders or load carrying members. Steel Pier Caps on reinforced concrete Pier columns are a special type of Floor Beam. an open channel or conduit of metal, concrete, or wood used to direct water away from a drain. a structure carrying one-way traffic over a Highway. the portion of the Substructure resting on the ground. Foundation a) the supporting soil material upon which the structural portion of the Bridge is placed. b) portions of the Bridge (usually below ground) which distribute the pressure to the soil or artificial supports. Similar to Footing. Freeway Galvanized Gradation Grading Grout Gusset Hard Surfaced Highways Heart-Side multi-lane Highway with fully controlled access. steel or iron item which has a coating of zinc applied for rust protection. the distribution of size of material particles from coarse to very fine, determined by quantities retained on screens of decreasing mesh size or spacing. the machine blading of dirt or gravel Highway surfaces to remove Raveling and Rutting and establish proper cross-section. a fluid mixture of cement, sand, and water that can be poured or pumped easily. a plate serving to connect the elements of a member or the members of a structure and to hold them in the correct alignment and/or position at a joint. all Highways which do not have a dirt or gravel surface. the face of a timber that was closest to the centre of the tree. Growth rings are concave on the heart-side. Schedules 16 and 17 Glossary of Terms R 5.5 SA11 Page 3

253 Heartwood Highways Highway User Laminated Lateral Rod Longitudinal Cracking Lower Mainland Major Event Major Event Site Main Brace Maintenance Agreement Maintenance Services Maintenance Specification(s) Median Ministry Multiplate Needle Beam Number 1 Number 2 Off-take Overhead Overlay Patch Overpass Panel timber members that contain the center annual rings of the original tree, or the soft central core. has the meaning ascribed to it in the Maintenance Agreement. any person or persons, regardless of form of transportation, that use any lands or facilities within the jurisdiction of the Ministry of Transportation and Infrastructure. transverse members of a laminated Bridge Deck having the same function as cross-ties. Usually preservative treated two-inch nominal sized lumber tightly placed perpendicular to the traffic direction and vertically on edge over the Stringers, then nailed to the Stringers and each other. May also be parallel to the traffic (longitudinally laminated). a horizontal, transverse tension rod. means Longitudinal Wheel Path Cracking and Longitudinal Joint Cracking as defined in the Pavement Surface Condition Rating Manual. the area to the south of a straight line from Horseshoe Bay east to Hope and then proceeding due south to the Canada-USA border and then proceeding west along the Canada-USA border to the Strait of Georgia. includes a flood, landslide, land subsidence, ice jam, wind event, dam failure, earthquake, tsunami or volcanic eruption. area affected by a Major Event, separated by 1 km of clear distance from another area affected by a Major Event for a 24 hour period; a site that had been restored to a state where the Province determines no further work was required by the Contractor, will generate a new site when further damage/disturbance occurs. a primary diagonal member in a Truss. see Agreement. the same meaning as described in Article 1 of the Maintenance Agreement. the Maintenance Specification(s) of the Province for the particular maintenance activity described in this Maintenance Specifications. the portion of a divided Highway separating the traveled ways for traffic in opposing directions. means the Ministry of Transportation and Infrastructure. a steel culvert, three metres or more in diameter, fully or partially factory assembled or field assembled by bolting together a number of corrugated steel plates. When less than three metres in diameter it will be considered to be a culvert. a transverse log, timber, or steel beam placed under the Stringers and fastened to them to make them act as a unit. Used to join the Stringers and trussing system. lumber grading in accordance with the National Lumber Grades Authorities Standard Grading Rules for Canadian Lumber. lumber grading in accordance with the National Lumber Grades Authorities Standard Grading Rules for Canadian Lumber. the extension of ditches away from the line of the Highway and toward the Right-of-way boundary or low ground for the purpose of de-watering a Highway road base or eliminating excessive Roadside water flow and erosion. a Bridge carrying a Highway over a railway, or a railway and another facility. a Permanent patch that consists of a layer of new asphalt over an existing asphaltic pavement, or a new layer of asphalt or concrete on a Bridge deck. a grade separated structure where the Highway passes over another feature including a Highway of less traffic volume the main load carrying member in a Bailey or Acrow Bridge structure. Panels are pinned together end to end and connected side by side where necessary to form continuous Girder Trusses from bank to bank. A traffic surface Deck is mounted between the bottom Chords of the Panels. Schedules 16 and 17 Glossary of Terms R 5.5 SA11 Page 4

254 Parapet Permanent patch Pier Pile Piling Pin Ponding Portal Pot-hole Province Quantified Maintenance Services Railway Authority Railway Crossing Railway Crossing Approach Rakers Ravelling Re-decking Refurbish Reinforcing Steel Re-shaping a wall-like member of reinforced concrete integrally connected to the sidewalk portion of a Bridge to serve as a protective barrier for vehicular or pedestrian traffic. a patch that lasts as long as the adjacent surface. an intermediate vertical support (Substructure) used to join and support the two Spans. a structural column driven deep into the ground (at least two metres) to provide support for structures built on soft ground. Piles are used for Abutments and Piers and for protective dolphins and retaining walls. a structure or group of Piles. a cylindrical bar used as a means of connecting, holding in position, and transmitting the stresses of the members forming a Truss or framed Joint. large puddles of water pooling on the Highway surface. the clear unobstructed space of a through Bridge forming the entrance to the Bridge. The entire Portal member of the top Chord bracing which fixes the uppermost limit of the vertical clearance. on a paved or Sealed Highway, an area where a piece of pavement has broken free and been removed, leaving a hole, usually the depth of the asphalt pavement layer and on a gravel Highway, a hole in which water puddles. means Her Majesty the Queen in right of the Province of British Columbia as represented by the Minister Responsible for the Transportation Act and her agents, servants, representatives, contractors and employees. one of the Maintenance Services, as defined in Article 1 of the Maintenance Agreement and in the Introduction to these Maintenance Specifications. a company which, under the Railway Act, has control of and is responsible for the rail portion of a Railway Crossing. Highway surface common to both the Railway Authority and the Province bounded by a length equal to the length from end of tie to end of tie and a width equal to the Highway width from Shoulder point to Shoulder point plus one-half metre each side. the Highway prism including ditches on the Railway Authority s property from the Railway Crossing outward to the edge of the Railway Authority s Right-of-way. these members, in Bailey and Acrow Bridges structures, are the stabilizers that connect between Transoms and the top hole in a Panel vertical section. on a paved Highway, an area where the asphalt mix is too lean, leading to the aggregate popping out of the mix or breaking away under wear and on a gravel Highway, where the coarse aggregate is loose and there are not enough Fines to allow compaction to a tight surface. the replacement of a Bridge wearing surface. On timber structures this includes: planking, wheelguards and shims, rail posts, post braces and railing, and may include cross ties. Minor Re-decking involves no replacement of cross-ties; Major Re-decking involves the replacement of cross-ties. for the purposes of the Maintenance Specification Sign System Maintenance only, it means the removal of the Sign from the field to a Sign shop, stripped of the old Sign face by a chemical or grinding process, and an addition of a new face to the Sign blank. Sign overlaying done at the Sign shop is also considered as being Refurbished. steel bars embedded in concrete structures during forming and manufacture. These bars add tension strength to concrete and resist contraction or expansion due to temperature change. the machine blading of Dirt and Gravel Highways from ditch line to ditch line, to re-establish the proper shape of the Highway including Shoulder edges and Crown. This process also brings aggregate and Fines back onto the surface from Shoulders and ditches and involves a deeper cut than Grading. Retaining Structure Return Period a vertical structure designed to resist the horizontal earth pressures of a Fill or other material and/or a structure designed to prevent material from spilling onto the Highway. maximum repeated interval of time at which Accumulation must be removed at any point on the Highway. Schedules 16 and 17 Glossary of Terms R 5.5 SA11 Page 5

255 Right-of-way Rip-rap Road Base Roadside Routine Rutting S4S Safety Device Sapwood Scour the legally defined property on which the Highway is situated. protective cover of large stone, rock or concrete of various sizes placed compactly or irregularly to prevent and protect stream banks, sides of fills around Abutments or Piers, the Travelled Lanes and other Highway features from Scour, Debris and erosion. the portion of Highway subsurface on which the traveling surface or wearing surface is placed. that part of the public Highway between the edge of Shoulder and the Highway Right-of-way boundary, including the sidewalk. It does not include the Shoulder. one of the Maintenance Services, as defined in Article 1 of the Maintenance Agreement and in the Introduction to these Maintenance Specifications. deformation of the surface of the road in the vehicle wheelpath due to repetitive passes of vehicle tires. a timber surfacing designation meaning Surfaced Four Sides. devices that improve the safety of the travelling public and include but are not limited to anti-glare screens, impact attenuators, and median and roadside delineation devices. outer layers of growth of a tree between the bark and the Heartwood which contains the sap. the local lowering of the streambed by the erosive action of water. a) general scour occurs in a waterway opening as a result of obstruction of the flow. b) local scour occurs at a Pier or Abutment as a result of local obstruction of the flow. c) natural scour is the scour of a streambed resulting from natural phenomena, such as channel meandering. Sealed a gravel Highway surface on which emulsified oil and aggregate has been alternatively spread, including compaction for particle set, building up an asphaltic pavement layer. or/ a paved Highway surface on which asphaltic products have been used to seal cracks, extend life expectancy of the paved Highway and create a skid resistant surface. Services Severity Shim Shoulder Shoving has the same meaning as defined in Article 1of the Highway Maintenance Agreement. has the same meaning as defined in the Pavement Surface Condition Rating Manual. to support, level, or adjust the fit by using thin, often tapered pieces of material. the area between the edge of the outside traffic lane and the ditch, including the following components: Shoulder top, Shoulder edge, and Shoulder side slope. Furthermore, the Shoulder edge is the breakpoint between the Shoulder top and the Shoulder side slope. a longitudinal displacement of a localized area of a pavement surface, generally caused by braking or accelerating vehicles and usually located on hills and at intersections. Schedules 16 and 17 Glossary of Terms R 5.5 SA11 Page 6

256 Sight Distance driver visibility of the Highway, Signs and intersections at minimum distance to safely drive the Highway at these locations. a) for the purposes of removing all movable obstructions (i.e. brush, tall grass, abandoned vehicles, etc.) from the Highway Right-of-way, the following minimum Sight Distances will be met: i) for vehicles traveling on any traveled portion of a Highway: Highway Classification Minimum Highway Sight Distance 1, 2, m 4 & m 6 & 7 75 m ii) for vehicles stopped at an intersection a distance of 2 metres behind the applicable legal stopping location for the highway at that point and intersection, visibility in both directions to the traveled portion of the Highway will be: Highway Classification Minimum Highway Sight Distance 1, 2, m 4 & m 6 & m iii) or vehicles on the traveled portion of the Highway the minimum Sight Distance to Highway signs will be: Highway Classification Minimum Highway Sight Distance m 2 & m 4 & m 6 & 7 75 m b) Sight Distance for traffic control requirements will be defined as the length of unobstructed Highway visible to the driver and the following values (as a function of the posted speed limit) will be the minimum distances acceptable to the Province. Sight Distance less than set out below will require additional control as defined in the Traffic Management Manual for Work on Roadways (TMM): kilometres per hour 100 metres kilometres per hour 170 metres kilometres per hour 250 metres 120 kilometres per hour 300 metres Sign(s) Sign Bridge(s) Sign Face Overlay Sign System Sill a lettered board, message or other display which includes all regulatory, warning, guide or informational, advisory, construction and maintenance, route markers and all special or other messages/displays under the Provincial jurisdiction as defined by the Province but excluding electronically controlled messages/displays; a sign includes the Sign Face Overlay. an overhead sign support structure, typically of truss construction, with the horizontal member either supported at both ends or cantilevered over the Traveled Lanes. Type L, M, or H Galvanized post davits are not considered to be sign bridges. the layer of the Sign which contains the message, and which is applied to the aluminum, wood or steel sign. includes all regulatory, warning, guide or informational, advisory, construction and maintenance, route marker Signs, Sign Bridges, avalanche gates, delineators, hazard markers, Signs, Sign Face Overlay, posts, hardware (i.e. nuts, bolts, washers, rivets, etc.) and all special Signs, under other Provincial jurisdictions, as defined by the Province but excluding electronically controlled signage. horizontal structural member set directly on the ground surface, or embedded only to a firm surface level. Usually a temporary base for a temporary support (see False Bent) or bracing. Schedules 16 and 17 Glossary of Terms R 5.5 SA11 Page 7

257 Sliding Plate Joints Slippery Slough Slope Of Grain Slump Snow Avalanche Technician Sod Spall Specialty Fences Split Stringer Structure Substructure Highway Classification Superelevation Superstructure Sway Brace Temporary Patch Traffic Delay: an expansion Joint in which the opening is covered by a steel plate attached to only one side of the joint. any road condition which causes an increase in normal dry surface stopping distances as a result of a buildup of frost, ice, slush or snow. collapse or slide of soil or rock into a hole or depression. the deviation of the line of fibres in a timber member from a straight line parallel to the sides of the piece. a measure of the workability and flowability of concrete. Slump varies with water, air, and admixture content and the temperature of the concrete. a snow avalanche technician designated by the Province as such. a mat of grass roots and fibres containing earth and granular aggregate. circular or oval depression in concrete resulting from separation of a portion of the surface, at a fracture. Usually part of the rim is perpendicular to the surface. all fences other than those installed on Highways listed in Schedule 1 or Schedule 2 of the Motor Vehicle Regulation, B.C. Reg. 26/58 for which the Province is responsible, e.g., fences in Rest Areas, at bridge ends, etc. a through longitudinal separation of the wood cells at the end of a piece of lumber. longitudinal beams supporting the Bridge Deck, and in large Bridges or Trusses, framed into or upon the Floor Beams. has the same meaning as defined in Article 1 of the Maintenance Agreement. Abutments, Piers, their Foundations and protective works which form the Substructure supporting the Superstructure above. has the same meaning as defined in Article 1 of the Maintenance Agreement. this is the vertical rise in elevation from the outside edge of a Highway surface, to the inside edge on a curving section of Highway. the entire structure of a Bridge resting on the Piers and Abutments, consisting of Stringers, Decking, Trusses, sidewalks, Wearing Surface and railing. (i) a piece bolted or otherwise secured in an inclined position upon the side of a Pile or frame Bent between the Cap and Sills to add rigidity to the assemblage. (ii) a component of Bailey or Acrow Bridges, used to square each bay of the Bridge and prevent sway movements of the Bridge. a temporary correction of pavement deficiencies to address safety issues. total stop time and travel time through the site. Traffic Management: one of the Maintenance Services, as described in Specification Transom Clamps Transoms Transverse Cracking Trash Rack these are vise-type clamps with a swinging bolt at one end, used on Bailey and Acrow Bridge structures to hold the Transom securely to the bottom Chord of Panels. the Deck supporting cross member in a Bailey or Acrow Bridge structure, spanning between the bottom Chords of the Panels in these Bridges. has the same meaning as defined in the Pavement Surface Condition Rating Manual. a pervious barrier constructed to catch Debris and prevent blockage of a Bridge or the inlet of a culvert or Multiplate. Schedules 16 and 17 Glossary of Terms R 5.5 SA11 Page 8

258 Travelled Lane the surface of a Highway: a) between the painted shoulder line on one side and the painted Shoulder line on the other side, or b) in the absence of Shoulder lines - from asphalt edge to asphalt edge, or c) in the absence of hard surfacing refer to the definition of Dirt and Gravel Highway. The travellable portions of Rest Areas, pullout areas, parking areas, Weigh Scale Areas, and any other vehicleaccessible portions within the Right-of-way are included. Truss Truss Rod Underpass Urban Wane Wash-boarding Wearing Surface Weather Event Abrasive Accumulation Chemicals Highway Classification a jointed Bridge structure having an open built web construction so arranged that the frame is divided into a series of triangular figures with its component straight members primarily stressed axially only. a vertical Tension Rod. a Bridge carrying a Highway beneath another feature including a Highway of less traffic volume. within a Municipality as the term is defined in the Local Government Act, or within a distance of 3 kilometres of a municipal boundary, or extending out to the limit of residential or commercial development, whichever comes first. bark or lack of wood from any cause, except eased edges, on the edge or corner of a piece of lumber. transverse ridges, ripples or small bumps on a gravel/dirt Highway surface (right angles to travel), usually on hills or steeper sections, leading to very rough, vibrating or chattering ride. the surface portion of a Bridge Deck directly in contact with the wheels of vehicles. any meteorological condition that permits the development of Slippery surface conditions which requires the application of Abrasive, anti-icing or De-icing Chemicals and/or snow removal procedures to maintain or re-establish safe winter driving conditions. the sand or fine gravel applied to Highway surfaces during winter snow and ice conditions to provide traction for vehicles. May or may not contain De-Icing Chemicals. loose snow, slush, loose or broken compact snow and ice on the highway surface. material used to remove or assist the removal of ice and compacted snow from the pavement surface by chemical means. has the same meaning as described in Article 1 of the Maintenance Agreement. Schedules 16 and 17 Glossary of Terms R 5.5 SA11 Page 9

259 SCHEDULE 16 MAINTENANCE SPECIFICATIONS Schedule 16 Maintenance Specifications R5.5 SA 11

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261 MINISTRY OF TRANSPORTATION & INFRASTRUCTURE Maintenance Specifications TABLE OF CONTENTS Introduction...I-1 Background Purpose of the Maintenance Specification User Information A. Maintenance Services...I-1 B. Standard Format...I-2 C. Interpretation...I-3 D. Warranty...I-3 E. Maintenance Services Completion...I-3 F. Referenced Manuals...I-3 PAGE CHAPTER 1 Surface Maintenance Highway Pavement Patching and Crack Sealing Highway Surface Aggregate Sealcoating Highway Surface Grading and Re-shaping Dust Control and Base Stabilization Highway Surface and Shoulder Gravelling Road Base Maintenance Surface Cleaning Debris Removal Cattleguard Maintenance Curb, Island, Barrier and Safety Device Maintenance Railway Crossing Maintenance Drainage Maintenance Ditch Maintenance Drainage Appliance Maintenance Shore, Bank and Watercourse Maintenance Maintenance Highway Anti-Icing and Snow Removal Snow and Ice Bonding Prevention and Control Roadside Snow and Ice Control Snow Avalanche Response Roadside Maintenance Mowing and Vegetation Control Brush, Tree and Danger Tree Removal Litter Collection and Graffiti Removal Rest Area Maintenance Fence Maintenance Traffic Maintenance Sign System Maintenance Temporary Line Marking and Eradication Traffic Management SA11 Highway Maintenance Agreement Maintenance Specifications Table of Contents - Page i

262 6 Bridge and Structure Maintenance Bridge Deck Maintenance Bridge Washing and Cleaning Bridge Drain and Flume Maintenance Bridge Joint Maintenance Bridge Bearing Maintenance Bailey and Acrow Bridge Maintenance Minor Painting of Bridge Structures Concrete Structure Maintenance Steel and Aluminum Structure Maintenance Bridge Piling Maintenance Retaining Structure Maintenance Multiplate Structure Maintenance Bridge Railing Maintenance Incident and Major Event Response Highway Incident Response Major Event Response Highway Condition Assessment and Communications Highway Inspection Highway Patrol Structure Inspection Public & Stakeholder Communications SA11 Highway Maintenance Agreement Maintenance Specifications Table of Contents - Page ii

263 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification INTRODUCTION Background Maintenance is key to keeping the Province s Highway network safe, reliable and in good repair for Highway Users. Regular maintenance of the network also adds years of life before rehabilitation or reconstruction needs to be considered. Throughout the Province the Highway network is maintained under service contracts with privately owned maintenance contractors with the Province retaining responsibility to set performance specifications and monitor service delivery. Purpose of the Maintenance Specifications The purpose of Maintenance Specifications is twofold: User Information a) to establish the performance and service delivery requirements of Highway Maintenance Agreements reflecting the levels of safety and reliability that the Ministry requires; and b) to establish the auditable requirements of Contractor performance by the Province. The Maintenance Specifications are described in this document under the following Chapters: Chapter 1: Surface Maintenance Chapter 2: Drainage Maintenance Chapter 3: Maintenance Chapter 4: Roadside Maintenance Chapter 5: Traffic Maintenance Chapter 6: Bridge and Structure Maintenance Chapter 7: Incident and Major Event Response Chapter 8: Highway Condition Assessment and Communication A. MAINTENANCE SERVICES Maintenance Services are generally comprised of two types of activities: Routine Maintenance Services Consists generally of the maintenance and repair of the Infrastructure: 1. to a condition that is safe for Highway Users; 2. that is of an unpredictable and/ or non-quantifiable and/ or non-measurable nature, e.g., winter maintenance; and 3. of such a predictable and/ or cyclical nature that the quantity of work is determined by the frequency specified, e.g., bridge washing and cleaning. SA11 Highway Maintenance Agreement Maintenance Specifications Introduction - Page 1

264 Routine Maintenance Services Cap The basis of the Routine Maintenance Services Cap is the Contractor s calculation (that is then confirmed by the Ministry) of the Cost Plus Rates for a specific Routine Maintenance Service in one Contract Year. 1. If, pursuant to Routine Maintenance Services with a Routine Maintenance Services Cap, the Contactor estimates that the cost to maintain the Infrastructure exceeds the Routine Maintenance Services Cap or if the Contractor encounters a previously unknown condition that causes the maintenance costs to exceed the Routine Maintenance Services Cap, then the Contractor must notify the Province and provide a written estimate of the work required to complete the work in accordance with section 5 of Schedule 18 ( Additional Maintenance Services ); 2. If the Contractor was already engaged in that work at the time that the Contractor knew or should have known that the Routine Maintenance Services Cap was to be exceeded, work activities will continue until the Contactor reaches the limit of the Routine Maintenance Services Cap unless otherwise directed in writing by the Province to cease that work and make the site safe for Highway Users. 3. The Province will, if it approves the estimate pursuant to paragraph 1, direct the Contractor, in writing, to proceed with that work, with the basis of payment to the Contractor for that work in excess of the Routine Maintenance Services Cap being determined pursuant to section 5 of Schedule 18 ( Additional Maintenance Services ). 4. If the Province: (a) does not approve the estimate or revised estimate of the work, (b) determines that the work should not proceed, or (c) determines that it will do the work itself or utilize the services of another contractor, then the Province will direct the Contractor not to commence that work or cease performing that maintenance, as the case may be, and make the site safe for Highway Users. Quantified Maintenance Services Consists generally of the maintenance, repair and/or replacement of the Infrastructure or its components: 1. to a condition that is safe for Highway Users; 2. that is of a reasonably predictable or seasonal in nature; 3. that is of a minor restorative nature affecting the life cycle of the Highway and Bridge infrastructure; or 4. that is quantifiable and measurable; and 5. that is to be planned within the Contract Year to the limit of the identified quantities. B. STANDARD FORMAT A standard format has been adopted for Maintenance Specifications; Section 1: Objective Section 2: Scope Section 3: Performance Specifications Section 4: Materials, Procedures and Warranty Notes Describes the expected results of the Contractor maintaining the Highway according to the Maintenance Specification. Summarizes the work to be performed by the Contractor as being either Routine, Quantified or both and if Materials, Procedures and/or Warranty requirements are applicable. Also identifies if a Routine Maintenance Services Cap applies. Describes the detailed requirements of the work to be performed by the Contractor including the maximum time within which the Contractor must perform the work expressed in either minutes, hours, days, weeks or months. Sets out the requirements for the Contractor to use materials and procedures, if applicable, and the provision of warranties if required. Notes are used as supplementary information and to reference other documents. SA11 Highway Maintenance Agreement Maintenance Specifications Introduction - Page 2

265 C. INTERPRETATION Words in these Maintenance Specifications will bear the meaning assigned to them in the Glossary of Terms of these Maintenance Specifications and in Article 1 of the Highway Maintenance Agreement. In the event of a conflict between the meaning of a word assigned by the Glossary of Terms of these Maintenance Specifications and the meaning assigned by Article 1 of the Highway Maintenance Agreement, the latter meaning will prevail. Whenever more than one Maintenance Specification or more than one part of a Maintenance Specification applies to a particular Highway location, condition, circumstance or activity, the Contractor will comply with each and every applicable Maintenance Specification or part of a Maintenance Specification. D. WARRANTY The Contractor warrants to the Province that all work provided by or on behalf of the Contractor will comply with its obligations pursuant to the Maintenance Agreement, will conform and comply with the Specifications and will be performed in a professional and workmanlike manner, free from any defects or deficiencies in materials and workmanship (the Standard ). This warranty will be in effect for a one year period from completion of the Maintenance Services (the Warranty Period ). The warranty will survive the expiration or termination of the Maintenance Agreement. The Contractor will be available at all times and at its expense to assist the Province with its questions, problems and concerns about the Maintenance Services. If, during the Warranty Period, any part of the Maintenance Services is discovered or asserted by either party not to conform to the Standard, the parties will: (a) determine the extent of the defects or deficiencies and the corresponding extent of the correction or remediation through the Contractor s investigation and testing; (b) the Province may obtain additional investigation and testing at its expense and in the event the Province s investigation and testing indicates the defects or deficiencies require greater remediation or correction than what was proposed by the Contractor, the Province s costs for the investigation and testing will be reimbursed by the Contractor; (c) only when the parties are in agreement concerning the appropriate remediation and correction, the Contractor will, at its own expense, repair and correct the work (notwithstanding that the work may have been accepted by the Province) and provide the Province with all relevant information with respect to such repaired or corrected work. The remediation or correction of the work will be performed within a month from the date of detection of the defect or deficiency, or as otherwise noted in the individual Specification or as otherwise agreed by the parties in writing. For greater certainty, where the Maintenance Services under warranty is Quantified Maintenance Services, the Contractor is not entitled to claim the work performed under this warranty as an additional quantity of work performed by the Contractor for any purpose in Schedule 5 ( Quantified Maintenance Services ). Any Additional Maintenance Services performed that has a warranty item will have the conditions of this paragraph applied to that item. All disputes arising out of or in connection with the warranty will be governed by Section 19.4 of the Maintenance Agreement. E. MAINTENANCE SERVICES COMPLETION Wherever the time within which work must be performed by the Contractor under these Maintenance Specifications exceeds the time remaining in the Term, the Contractor will, notwithstanding any other provision of these Maintenance Specifications, perform the work prior to the end of the Term. F. REFERENCED MANUALS Several manuals are referenced throughout these Maintenance Specifications and are required by the Contractor to perform the Maintenance Services. It is the Contractor s obligation to obtain and use these manuals, and any updated materials related to these manuals, according to their intended application and maintain them current throughout the term of the Maintenance Agreement. SA11 Highway Maintenance Agreement Maintenance Specifications Introduction - Page 3

266 B.C. MINISTRY OF TRANSPORTATION & INFRASTRUCTURE Maintenance Specification Chapter HIGHWAY PAVEMENT PATCHING AND CRACK SEALING 1. OBJECTIVE To ensure Hard Surfaced Highway surfaces are smooth, stable, sealed, and to prevent moisture from penetrating the surface. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 2.2 Not applicable to this Specification: a) Routine Maintenance Services Cap 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) construct Temporary Patches to correct pavement deficiencies such as, but not limited to Pot-holes, Bleeding and/or Distortions; and b) ensure finished patches are consistent with the line, grade, and crossfall of the adjacent pavement Performance Time Frames The Contractor must: a) from the time the deficiency was detected by or reported to the Contractor, complete repairs to each deficiency listed below, based on the Severity rating in the Pavement Surface Condition Rating Manual: Pavement Deficiency Pot-hole on Travelled Lane or inner Shoulder of curved Highway sections Pot-hole on outside Shoulder of curved Highway sections and tangents Pot-hole on right edge of divided Highway in the direction of travel Severity Highway Classification 1 & & 7 high 24 h 2 d 3 d 7 d 14 d high 3 d 7 d 10 d 21 d 45 d high 24 h 2 d 3 d 7 d 14 d Pot-hole on left edge of divided Highway in the direction of travel Bleeding on Travelled Lane, or inside Shoulder of curved Highway sections high 3 d 7 d 10 d 21 d 45 d high 24 h 2 d 3 d 7 d 14 d Distortions presenting a safety hazard high 24 h 2 d 3 d 7 d 14 d Legend: h hours, d days SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

267 3.2 Quantified Maintenance Services The Contractor must: a) ensure the root cause of the failure is determined and reasonable attempts are made to deal with the failure before commencing repairs; b) construct Permanent patches on Hard Surfaced Highways and bicycle and/or pedestrian paths; c) ensure finished patches are smooth, stable, sealed and consistent with the line, grade and crossfall of the adjacent hard surface; d) ensure the edges of the patch that tie in elevation to existing hard surfaces are feathered to an angle of no less than 30 degrees from a line perpendicular to the centreline; e) ensure Shoulders are built up and compacted to match the hard surface elevation and are consistent with the line, grade, and crossfall of the adjacent Shoulders; f) ensure Overlay Patches are constructed to a depth of 50 mm; g) ensure replacement patches are constructed to a depth equal to that of the distressed surface but never less than 60 mm; h) perform Crack Sealing on cracks that are less than 25 mm in width; i) perform Crack Filling on cracks that are greater than 25 mm in width; and j) remove the residual blinding sand after performing Crack Sealing. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

268 3.2.1 Performance Time Frames The Contractor must: a) from the time the deficiency was detected by or reported to the Contractor and weather conditions are conductive to performing the work, complete repairs to each deficiency listed below, based on the Severity and Density rating in the Pavement Surface Condition Rating Manual: Highway Classification Pavement Deficiency Severity Density 1 & Shoving high frequent 21 d 21 d 21 d 21 d 1 m Distortion high frequent 21 d 21 d 1 m 3 m 6 m Alligatored areas without Distortion moderate frequent 21 d 1 m 3 m 6 m 1 y Alligatored areas with Distortion, broken or missing materials high frequent 21 d 21 d 1 m 3 m 6 m Pot-holes moderate to high throughout 21 d 21 d 1 m 3 m 6 m Bleeding moderate frequent 21 d 21 d 1 m 3 m 6 m Ravelling high extensive 21 d 1 m 3 m 6 m 1 y Rutting moderate extensive 21 d 21 d 1 m 3 m 6 m All longitudinal cracking moderate frequent 1 y 1 y 1 y 1 y 1 y Pavement edge cracking moderate frequent 1 y 1 y 1 y 1 y 1 y Transverse Cracking moderate any 1 y 1 y 1 y 1 y 1 y Legend: d days, m months, y - years Note: For the purposes of calculating Density in the above table, the length of the section to be rated will be 20 meters and will start at the beginning of the deficiency and continue in the direction of the traffic flow. b) remove residual blinding sand within 1 day of completing the Crack Sealing; and c) complete patching on bicycle and/ or pedestrian in accordance with the timeframes for the adjacent or nearest Highway. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must, when constructing Permanent patches meet the requirements in section 502 of the Standard Specifications for Highway Construction for: 4.2 Warranty a) density, aggregate gradation, asphalt content and segregation; and b) for smoothness when patches are greater than 1 lane km in length; unless otherwise approved in writing by the Province. The Contractor must, when performing Crack Sealing and Crack Filling, use materials and procedures in accordance with the Standard Specifications for Highway Construction and the most recent version of the Recognized Products List, or as approved in writing by the Province. Permanent patches are warrantied in accordance with the Introduction, paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 3

269 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter HIGHWAY SURFACE AGGREGATE SEALCOATING 1. OBJECTIVE To extend the life of the Highway. 2. SCOPE 2.1 Applicable to this Specification:. a) Quantified Maintenance Services b) Materials and procedures requirements c) Warranty requirements 2.2 Not applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap 3. PERFORMANCE SPECIFICATIONS 3.1 Quantified Maintenance Services The Contractor must: a) ensure the surface is smooth, stable, compacted, crowned and Superelevated; and/or free of loose aggregates and/or Debris; b) ensure the sealed surface is uniformly textured, impervious to moisture, skid-resistant and has good riding quality; and c) remove residual aggregate used in sealcoating operations Performance Time Frames a) perform sealcoating within 2 days of having prepared the surface, or as weather conditions dictate; and b) remove residual aggregate used in sealcoating operations immediately once the asphalt emulsion has cured, and again within 7 days of completion. 4. MATERIALS PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must: a) meet the requirements in section 508 of the Standard Specifications for Highway Construction; and b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. Note: If no procedures are specified, the approach and standard of workmanship must be in accordance with normally accepted best practice and approved in writing by the Province. 4.2 Warranty Highway surface treatments are warrantied in accordance with the Introduction, paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

270 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter HIGHWAY AND SHOULDER GRADING AND RE-SHAPING 1. OBJECTIVE To maintain Dirt and Gravel Highways and Shoulders in a safe, smooth, stable condition and to promote efficient drainage. 2. SCOPE 2.1 Applicable to this Specification: a) Quantified Maintenance Services 2.2 Not applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap c) Materials and procedures requirements d) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Quantified Maintenance Services The Contractor must: a) perform Re-shaping on Dirt and Gravel Highways and ensure: i) the surface is smooth, stable and compacted; ii) iii) the surface has a Superelevation and a Crown with a vertical rise of 4 centimeters for every 1 meter of Highway or as approved by the Province; and lost materials are retrieved from the Shoulder side slopes. b) perform surface Grading on Dirt and Gravel Highways and ensure the surface is smooth and stable; c) perform surface Grading on Shoulders and ensure the surface is smooth, stable and compacted; d) perform Grading in areas where there is a Median, Roadside barrier or curbing between the pavement and the gravel Shoulder top, unless otherwise directed by the Province; e) remove vegetation from the Shoulder tops, except at locations where vegetation is not harmful, or where it is effective and necessary to prevent erosion and to stabilize the Shoulders; and f) dispose of waste vegetation and related materials in accordance with provincial legislation and regulations and in accordance with the terms and conditions of Local Area Specification #9 (Control of Invasive Plants) and the Gravel License in Schedule 10; and at locations approved by the Province. Note: The Contractor must not undertake Grading where owners of property adjacent to Highways maintain a lawn up to the edge of the pavement provided the lawn does not impede the drainage of the Highway surface. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

271 3.1.1 Performance Time Frames The Contractor must: a) from the time the deficiency was detected by or reported to the Contractor, complete the repair of the following deficiencies: Gravel Highway Surface Deficiencies i) Pot-hole (average more than 1 per 25 metres of road), Rutting, Ponding and Wash-boarding (exceeding 30 mm depth) Highway Classification 3 & d 3 d 6 d 15 d ii) loss of aggregates (needs reclaimed material) 4 d 5 d 15 d 30 d iii) 1) lack of uniform Shoulder edge 2) loose material (exceeding 50 mm depth) 5 d 15 d 1 m 2 m Legend: d days, m months b) from the time the deficiency was detected by or reported to the Contractor, complete the repair of the following deficiencies: Shoulder Surface Deficiency i) pavement edge drop-off 5 cm or more in depth on the inside edge of curving Highways Highway Classification 1& &7 24 h 24 h 3 d 7 d 14 d ii) iii) iv) pavement edge drop-off 5 cm or more in depth other than a) above settled and eroded sections more than 5 cm in depth presenting a potential safety hazard loose or soft Shoulders presenting a potential safety hazard 3 d 3 d 6 d 14 d 14 d 3 d 3 d 6 d 14 d 14 d 3 d 3 d 6 d 14 d 14 d v) loss of line, grade, and crossfall presenting a potential safety hazard 3 d 3 d 6 d 14 d 14 d vi) vii) removal of vegetation presenting a potential safety hazard loss of line, grade and crossfall not presenting a potential safety hazard but requiring gravelling 3 d 3 d 6 d 14 d 14 d 3 m 3 m 9 m 1 y 1 y viii) removal of turf, sod and other vegetation 6 m 6 m 6 m 1 y 1 y ix) prevent vegetation growth 1 y 1 y Legend: h hours, d days, m months, y years 4. MATERIALS PROCEDURES AND WARRANTY Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

272 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter DUST CONTROL AND BASE STABILIZATION 1. OBJECTIVE To maintain Dirt and Gravel Highway surfaces in a stable condition with minimal dust to facilitate the safe and efficient movement of traffic and to minimize the impact on adjacent properties and watercourses. 2. SCOPE 2.1 Applicable to this Specification: a) Quantified Maintenance Services b) Materials and procedures requirements c) Warranty requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap 3. PERFORMANCE SPECIFICATIONS 3.1 Quantified Maintenance Services The Contractor must: a) carry out base stabilization on a smooth, stable, compacted, crowned and Superelevated surface; b) treat the entire surface, except for one metre on each side; c) maintain Dirt and Gravel Highway surfaces in a stable condition with minimal dust by applying a dust palliative product for widths, distances and at locations established in the following table: SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

273 Highway Classification i) Width 3 & minimum application width 4.5 metres 3.5 metres 3.5 metres (total) ii) Location for Control 3 & (A) residences, commercial businesses, community halls, hospitals and churches a strip not less than 100 metres long, 50 metres each side of a point perpendicular to a building within 100 metres of the Travelled Lane a strip not less than 100 metres long, 50 metres each side of a point perpendicular to a building within 75 metres of the Travelled Lane a strip not less than 100 metres long, 50 metres each side of a point perpendicular to a building within 50 metres of the Travelled Lane (B) school zone Sign, playground Sign, stop Sign, Railway Crossing Sign and Bridge approaches Sign strip 60 metres along the Highway(s) in all directions of the Sign strip 60 metres along the Highway(s) in all directions of the Sign strip 60 metres along the Highway(s) in all directions of the Sign (C) school zones, school bus pullouts, playgrounds, Rest Areas, lay-bys, stops of interest and cemeteries strip through identified area and extending 40 metres either side strip through identified area and extending 40 metres either side strip through identified area and extending 40 metres either side (D) Bridge approaches and cattleguards strip extending 30 metres in every direction of the Bridge approach strip extending 30 metres in every direction of the Bridge approach strip extending 30 metres in every direction of the Bridge approach (E) orchards (more than 10 trees) and vineyards within 50 metres of the Highway strip extending 20 metres either side of the adjacent Highway frontage strip extending 20 metres either side of the adjacent Highway frontage strip extending 20 metres either side of the adjacent Highway frontage (F) Highways with 40 or more commercial and industrial-type vehicles per day with 3 or more axles entire Travelled Lanes curves and alongside lakes and rivers curves and alongside lakes and rivers (G) other dust sites designated by the Province continuous application for entire length of dust site continuous application for entire length of dust site Notes: 1) Each of the locations identified in the above table is considered a dust site. continuous application for entire length of dust site 2) Use continuous application if 8 or more dust sites per kilometre. 3) Where there is doubt as to locations requiring dust control, the Province will make the final determination. 4) Dust control must be applied at locations on Class 7 Highways as directed by the Province Performance Time Frames The Contractor must start dust control applications within 5 days from the time the dust problem was detected by or reported to the Contractor. 4. MATERIALS PROCEDURES AND WARRANTY 4.1 Materials and Procedures: The Contractor must use materials: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. 4.2 Warranty All base stabilization is warrantied in accordance with the Introduction, paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

274 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter HIGHWAY SURFACE AND SHOULDER GRAVELLING 1. OBJECTIVE To provide a uniform, smooth, gravel surface to facilitate the safe and efficient movement of Highway Users and to strengthen Dirt and Gravel Highways and Shoulders. 2. SCOPE 2.1 Applicable to this Specification: a) Quantified Maintenance Services b) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap c) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Quantified Maintenance Services The Contractor must: a) ensure surface is smooth, stable, compacted, crowned and Superelevated before applying gravel; b) apply gravel to Dirt and Gravel Highways to correct deficiencies such as Pot-holes, softening, loss of traction; and ensure surfaces remain smooth, stable and compacted; and the crown and Superelevation of the Highway have been restored; c) apply gravel to Shoulders to correct deficiencies such as softening, loss of line, grade and crossfall, or to widen or reconstruct Shoulders; and ensure surfaces remain smooth, free-draining, stable and consistent in width, line, grade and crossfall; Note: The Contractor must provide the Province with information necessary to support the volume of aggregate hauled Performance Time Frames The Contractor must: a) from the time the deficiency was detected by or reported to the Contractor, start addressing Dirt and Gravel Highway deficiencies as follows: Highway Classification Highway Surface Deficiency deficiencies causing a safety hazard 2 d 2 d 3 d 6 d 15 d b) apply gravel to correct all Dirt and Gravel Highway deficiencies within 2 days of having prepared the surface, or as weather conditions dictate; c) from the time the deficiency was detected by or reported to the Contractor, apply gravel to correct the following Shoulder deficiencies: Highway Classification Shoulder Surface Deficiency 1 & & 7 i) loose or soft Shoulders 14 d 30 d 45 d 3 m 6 m ii) loss of line, grade, and crossfall 3 m 6 m 9 m 1 y 1 y Legend: h- hours, d days, m months, y - years SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

275 4. MATERIALS PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use: a) materials and procedures in accordance with the Standard Specification for Highway Construction; or b) materials and procedures as approved in writing by the Province. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

276 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter ROAD BASE MAINTENANCE 1. OBJECTIVE To provide a smooth, stable, compacted, crowned, Super-elevated and free draining Road Base for Highways. 2. SCOPE 2.1 Applicable to this Specification: a) Quantified Maintenance Services b) Materials and procedures requirements c) Warranty requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap 3. PERFORMANCE SPECIFICATIONS 3.1 Quantified Maintenance Services The Contractor must: a) identify and correct the source of the failure; b) remove unsuitable materials, provide for free drainage and complete Backfill with suitable materials; and c) ensure the Road Base is smooth, stable, compacted, crowned, Super-elevated and free draining Performance Time Frames Not applicable to this Specification. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must: a) use materials and procedures in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) use materials and procedures as approved in writing by the Province. 4.2 Warranty Road Base repairs are warrantied in accordance with the Introduction, paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

277 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter SURFACE CLEANING 1. OBJECTIVE To provide safe, clean surface conditions and to facilitate drainage. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Materials and procedures requirements c) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) clean Hard Surfaced Highways by sweeping accumulations of dirt, Debris and/or Abrasive from the: i) Travelled Lanes; ii) pavement markings; iii) Shoulders; iv) bicycle paths and pedestrian walkways; v) intersections; vi) on and along curbs and traffic islands, and vii) along Roadside and Median barriers Performance Time Frames The Contractor must: a) complete the cleaning of Travelled Lanes, pavement markings, Shoulders, bicycle paths and pedestrian walkways and intersections each year in advance of the repainting of pavement markings; the Province will provide to the Contractor a general painting schedule in the spring of each year and a detailed schedule at least one week in advance of the planned painting activities for specific Highways; b) notwithstanding a), complete cleaning of Travelled Lanes, pavement markings, Shoulders, bicycle paths and pedestrian walkways and intersections on Hard Surfaced Highways by May 15 th of each year, unless otherwise agreed to in writing by the Province; c) complete the cleaning on and along curbs and traffic islands and along Roadside and Median barriers by June 21 st of each year; d) notwithstanding a) b) and c) above, within 7 days from the time the accumulation was detected by or reported to the Contractor, clean Hard Surfaced Highways where dirt and/or Debris have accumulated and: i) obscure line visibility; or ii) create a visibility problem for Highway Users; or iii) create an air quality problem that conflicts with local by-laws; SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

278 e) notwithstanding a) b) c) and d) the above, immediately clean Hard Surfaced Highways where: i) Debris or Abrasive has accumulated adjacent to curbing or barriers which impairs the free flow of drainage paths; or ii) Debris or Abrasive poses a hazard to Highway Users. 3.2 Quantified Maintenance Services The Contractor must perform surface cleaning over and above the frequencies stated in 3.1.1, when requested by the Province Performance Time Frames Not applicable to this Specification. 4. MATERIALS PROCEDURES AND WARRANTY Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

279 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter DEBRIS REMOVAL 1. OBJECTIVE To make sure Highways are cleared of Debris. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) remove Debris from the Highway; b) if the Debris is too large for immediate removal, secure the area; c) clean and remove Debris from Bridge surfaces where free drainage of the surface is impaired or cause moisture retention d) dispose of Debris in a manner acceptable to local regulatory agencies and at locations approved by the Province Performance Time Frames The Contractor must: a) from the time the Debris was detected by or reported to the Contractor, start removing Debris in accordance with the following: Highway Classification Obstruction 1& &7 a) Debris over 1000 cc on the Travelled Lanes and sidewalks 60 min 60 min 3 h 5 h 24 h b) Debris equal to or less than 1000 cc on the Travelled Lanes and sidewalks 60 min 3 h 5 h 24 h 2 d c) dead animals on the Travelled Lanes, Shoulders and sidewalks d) dead animals on the Right-of-way, excluding Travelled Lanes, Shoulders and sidewalks 60 min 3 h 5 h 24 h 2 d 3 h 5 h 24 h 2 d 3 d e) Debris more than 1000 cc on the Shoulders 5 h 24 h 2 d 3 d 7 d f) Debris equal to or less than 1000 cc on the Shoulders 24 h 2 d 3 d 7 d 14 d Legend: min minutes, h hours, d days SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

280 b) clean and remove Debris from Bridge surfaces where free drainage of the surface is impaired or cause moisture retention within 14 days from the time the deficiency was detected by or reported to the Contractor. 4. MATERIALS, PROCEDURES AND WARRANTY Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

281 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter CATTLEGUARD MAINTENANCE 1. OBJECTIVE To provide a safe operating environment for Highway Users; and to maximize the functional life of cattleguards. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) repair, clean and restore to a fully functional condition cattleguards and gates that have been damaged or have deteriorated to a state that is unsafe or has the potential to become unsafe for Highway Users; b) remove dirt, Debris and vegetation from cattleguards to a minimum depth of 45 cm measured from the top of the cattleguards; Performance Time Frames The Contractor must, from the time the deficiency was detected by or reported to the Contractor, repair of the following deficiencies as follows: Maintenance Requirement Highway Classification 1 & & 7 i) broken, bent or damaged cattleguards 24 h 2 d 3 d 5 d 10 d ii) mismatched grades on cattleguard crossings 24 h 2 d 3 d 5 d 10 d iii) cleaning of cattlegurds 15 d 15 d 30 d 30 d 30 d Legend: h hours, d days, m months 3.2 Quantified Maintenance Services The Contractor must replace and/or install new cattleguards Performance Time Frames The Contractor must, from the time requested by the Province, replace and/or install new cattleguards as follows: Highway Classification Maintenance Requirement 1 & & 7 i) replace and/or install new cattleguards 15 d 15 d 30 d 30 d 30 d Legend: h hours, d days, m months SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

282 4. MATERIALS PROCEDURES AND WARRANTY 4.1 Materials and Procedures 4.2 Warranty The Contractor must use materials: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

283 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter CURB, ISLAND, BARRIER AND SAFETY DEVICE MAINTENANCE 1. OBJECTIVE To maintain curbs, islands, barriers and Safety Devices so that they are clean, highly visible, free of Debris obstructing drainage and properly connected and positioned. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) maintain and repair all curbs, traffic islands, Roadside and Median barriers and Safety Devices; b) remove drainage obstructions; c) re-align barriers as required to ensure safety of the Highway Users; and d) maintain painted surfaces on curbs, traffic islands, Roadside and Median barriers and Safety Devices; Performance Time Frames The Contractor must: a) start repair of concrete barriers with damage of less than 900 square centimetres of surface area within 3 days from the time the deficiency was detected by or reported to the Contractor; b) undertake maintenance of areas chipped or scarred by snowplows, other equipment or vandalism within 90 days from the time the deficiency was detected by or reported to the Contractor; c) repair or replace all wood and steel components if posts are rotted, broken, settled or damaged and/or if steel guardrail is bent, rusted or damaged, within 6 months from the time the deficiency was detected by or reported to the Contractor; d) restore a smooth, stable condition to broken or Pot-holed traffic island surfaces within 15 days from the time the deficiency was detected by or reported to the Contractor; e) clean all drainage holes once annually to ensure the free passage of water; f) notwithstanding b) above: i) when a blockage is causing Ponding in the Travelled Lanes, clean affected drainage holes of Debris within 12 hours from the time the deficiency was detected by or reported to the Contractor; ii) when a blockage is causing a situation that is unsafe or has the potential to become unsafe to the Highway User, clean affected drainage holes of Debris immediately; SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

284 g) complete the realignment of curbs, islands and barriers as required to restore the designed alignment within 3 days from the time the deficiency was detected by or reported to the Contractor; h) treat or paint all wood components every 2 years; i) notwithstanding h), treat or paint wood components where wood is exposed or paint is cracked within 9 months from the time the deficiency was detected by or reported to the Contractor; and j) repaint all previously painted non-wood components once each year or, with prior written approval of the Province, initiate a planned program to eradicate paint on these components as they deteriorate. 3.2 Quantified Maintenance Services The Contractor must: a) construct new asphalt and/or concrete curb as directed by the Province; b) install new barriers at locations as directed by the Province; c) replace all curbs, traffic islands, Roadside and Median barriers, spillways, and Safety Devices that fail to function as originally designed; and d) replace concrete barriers with damage in excess of 900 square centimetres or where there is structural damage including cracking and/or breakage Performance Time Frames The Contractor must: a) repair or replace cracked or broken curbs within 15 days from the time the deficiency was detected by or reported to the Contractor, or from the time directed by the Province; b) replace damaged, destroyed and missing impact attenuators, supports or fasteners within a 3 days from the time the deficiency was detected by or reported to the Contractor; c) replace damaged, destroyed and missing Safety Devices other than impact attenuators within 7 days from the time the deficiency was detected by or reported to the Contractor; 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures Notes: The Contractor must use materials: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. (1) The Contractor must use materials of the same type and quality as the existing installation. (2) Epoxy repair products must be approved in writing by the Province. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

285 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter RAILWAY CROSSING MAINTENANCE 1. OBJECTIVE 2. SCOPE To keep vehicular crossings of railway tracks in a smooth, safe condition for Highway Users. 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap c) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Quantified Maintenance Services b) Warranty requirements The Contractor is responsible for the maintenance of the Railway Crossings and Approaches. The Contractor is not responsible for signal maintenance. 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) advise the Railway Authority immediately, from the time any deficiency was detected by or reported to the Contractor and respond immediately to safeguard Highway Users and railway traffic; b) repair/re-set Railway Crossings when: i) the difference in elevation between the rail and the adjacent Highway surface is 25 mm or greater and requires re-setting the surface to matching grade; or ii) iii) when a crossing component is loose or presents a condition that is unsafe for either Highway Users or rail traffic. water or Debris accumulates at the Railway Crossing; c) maintain Railway Crossing Approaches in accordance with the following:. i) when maintenance work is required within three (3) meters of a rail, obtain a permit from the Railway Authority and make a copy of the permit available at the work site and at the local Ministry district office upon commencement of the work; and ii) when maintenance work is required within ten (10) meters of a rail, inform the Railway Authority, arrange for a mutually agreeable work schedule, and ascertain the level of protection the Railway Authority considers necessary; d) where applicable, ensure the wear limits on public sidewalks, paths or trails designated for use by persons using assistive devices are in accordance with the following: i) maximum distance of the top of the rail above crossing surface is 13 mm; ii) maximum distance of the top of the rail below crossing surface is 7 mm. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

286 3.1.1 Performance Time Frames The following table establishes the time, from the time the deficiency was detected by or reported to the Contractor, within which the Contractor must complete the repair of the following deficiencies: Highway Classification Railway Crossing Deficiency 1& &7 a) repair of broken, loose or damaged Railway Crossings 24 h 2 d 3 d 5 d 10 d b) repair of mismatched grades on Railway Crossing 24 h 2 d 3 d 5 d 10 d c) removal of water and/or Debris accumulation 24 h 2 d 3 d 5 d 10 d Legend: h hours, d days Note: The Contractor must seek approval of the Railway Authority so that repairs are completed within the time frames listed above. If the Railway Authority does not permit this scheduling, the Contractor must reschedule the repairs in accordance with the Railway Authority s requirements Routine Maintenance Services Cap If the Contractor estimates that, at any particular site, the cost to maintain and/or repair a Railway Crossing, or if the Railway Authority s invoice for maintenance and/or repair of a Railway Crossing exceeds $100,000 (the Routine Maintenance Services Cap), the Contractor must notify the Province. The provisions of Article A of the Introduction will apply. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use materials and procedures in accordance with Transport Canada s Grade Crossings Standards. The Contractor must provide all materials of at least equal quality to the materials that exist at the Railway Crossing and of a quality acceptable to the Railway Authority. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

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288 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter DITCH MAINTENANCE 1. OBJECTIVE 2. SCOPE To provide safe, unobstructed drainage for all Highways. 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Materials and procedures requirements c) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must remove Debris from ditches where earth moving equipment is not required Performance Time Frames The Contractor must, from the time the deficiency was detected by or reported to the Contractor, complete the removal of Debris as follows: Highway Classification Time Period 1& &7 during high water flow 60 min 90 min 2 h 3 h 4 h at other times 2 m 3 m 4 m 6 m 6 m Legend: min minutes, h hours, d days, m months SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

289 3.2 Quantified Maintenance Services The Contractor must: a) remove Debris from ditches; b) construct new or reconstruct ditches; c) remove obstructions preventing the free flow of water, including obstructions which may be a considerable distance upstream from the Highway, adjacent to the Highway or immediately downstream; d) restore the capacity and/or correct the cross section and grade of the ditch; e) repair damage to embankments and stabilize Backslopes as required; f) restore ditch elevations to the sub-base elevations for free drainage of the Highway; g) widen and deepen ditches at culvert entrance locations, other Drainage Appliance or structure locations, to provide a collection area and prevent the culvert or other Drainage Appliance or structure from becoming obstructed; h) clean Off-takes and drainage easements for efficient drainage of the Right-of-way; i) make sure that Shoulder width is not reduced; j) make sure the Shoulder or Backslope are not undermined; and k) dispose of waste material from ditching operations in accordance with provincial legislation and regulations and in accordance with the terms and conditions of Local Area Specification #9 (Control of Invasive Plants) and the Gravel License in Schedule 10; and at locations approved by the Province.. Notes: 1) The Contractor is not required to establish new ditches in solid rock under this Maintenance Specification. 2) The Contractor will not get credit from the Quantified Plan under this Maintenance Specification for removing snow and ice from ditches Performance Time Frames The Contractor must, from the time the deficiency was detected by or reported to the Contractor, complete Ditch Maintenance as follows: Highway Classification Time Period 1& &7 during high water flow 60 min 90 min 2 h 3 h 4 h at other times 2 m 3 m 4 m 6 m 6 m Legend: min minutes, h hours, m months 4. MATERIALS, PROCEDURES AND WARRANTY Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

290 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter DRAINAGE APPLIANCE MAINTENANCE 1. OBJECTIVE To ensure that Highway surfaces are safe and efficiently drained; water is efficiently channelled, contained and/or carried to ditches and watercourses; to prevent any erosion of Highways; and to make sure that drainage appliances will accommodate peak runoff. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) remove Debris, Abrasive, sedimentation and any other obstructions affecting flow from Drainage Appliances; b) maintain all Drainage Appliances, Trash Racks and related hardware in working condition; c) repair any worn, bent, broken, folded, disconnected, unravelled or damaged Drainage Appliances Performance Time Frames The Contractor must: a) from the time the deficiency was detected by or reported to the Contractor, start the removal of obstructions and repair to Drainage Appliances as follows: Highway Classification 1& &7 during high water flow 2 h 4 h 8 h 16 h 32 h at other times 3 m 4 m 6 m 6 m 6 m Legend: h hours, m - months b) notwithstanding a), remove any obstruction or repair a damaged Drainage Appliance having a reduction in water flow capacity of 50 percent or more, or where there is a history of drainage problems, within seven days from the time the deficiency was detected by or reported to the Contractor. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

291 3.2 Quantified Maintenance Services The Contractor must: a) replace any missing Drainage Appliances and/or any worn, bent, broken, or damaged Drainage Appliances including related parts, if repair is not practicable; b) re-set or replace Drainage Appliances when correcting the Ditch profile; c) install culvert inserts when appropriate; d) replace Trash Racks if repair is not practicable; e) install new Drainage Appliances at new locations; and f) place Rip-rap to fill Scour and erosion of foundation material and to prevent future erosion at the inlet and/or outlet of the Drainage Appliance as approved in writing by the Province Performance Time Frames The Contractor must: a) from the time the deficiency was detected by or reported to the Contractor, start to replace Drainage Appliances as follows: Highway Classification 1& &7 during high water flow 2 h 4 h 8 h 16 h 32 h at other times 3 m 4 m 6 m 6 m 6 m Legend: h hours, m - months b) notwithstanding the a), the Contractor must replace a damaged Drainage Appliance having a reduction in water flow capacity of 50 percent or more, or where there is a history of drainage problems, within seven days from the time the deficiency was detected by or reported to the Contractor. 4. MATERIALS PROCEDURES AND WARRANTY 4.1 Materials and Procedures Unless directed by the Province, the Contractor must use: a) materials and procedures: in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) materials and procedures as approved in writing by the Province. Note: If no procedures are specified, the approach and standard of workmanship must be in accordance with normally accepted best practice and approved in writing by the Province. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

292 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter SHORE, BANK AND WATERCOURSE MAINTENANCE 1. OBJECTIVE 2. SCOPE To prevent damage to Highways and Structures. 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) remove all obstructions including obstructions which may be a considerable distance upstream from the Highway, adjacent to the Highway or immediately downstream that threaten to potentially damage Highways or Structures; and b) remove leaning trees threatening drainage Performance Time Frames The Contractor must: a) remove obstructions immediately; and b) remove leaning trees immediately. 3.2 Quantified Maintenance Services The Contractor must: a) prepare areas to receive Rip-rap; b) place Rip-rap of (class) 50 kg or greater and sufficient to withstand a water flow where there has been or there is potential for scour and erosion of natural or man-made shores and banks; and c) provide for adequate catchment areas for future material containment Performance Time Frames The Contractor must: a) prepare areas to receive Rip-rap and place Rip-rap required for locations identified in Section 3.2 a) within 2 hours from the time the deficiency was detected by or reported to the Contractor, and after determining that it is safe to proceed with the work; and b) complete maintenance repairs to shores, banks and watercourses within 5 days of the elimination of the obstruction. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

293 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use materials: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. 4.2 Warranty Shore, Bank and Watercourse Maintenance Services are warrantied in accordance with the Introduction, paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

294 B.C. MINISTRY OF TRANSPORTATION & INFRASTRUCTURE Maintenance Specification Chapter HIGHWAY ANTI-ICING AND SNOW REMOVAL 1. OBJECTIVE 2. SCOPE To anticipate and remove Accumulation from Highways for the safety of Highway Users and to facilitate the efficient movement of traffic. 2.1 Applicable to this Specification: a) Routine Maintenance Services 2.2 Not applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty Requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) proactively and continuously monitor Highway surface temperatures and conditions by use of the Contractor s own patrols and observations, utilizing RWIS Information (as described in Schedule 15 of the Maintenance Agreement) and by reviewing and monitoring weather forecasts; b) acquire and utilize Road Temperature and Condition (RTC) forecasts to determine if a Weather Event is likely to develop that would create Slippery surface conditions; c) utilize other available methodologies and technologies such as but not limited to thermal mapping, in conjunction with RTC forecasts, to better identify locations and areas that may develop Slippery surface conditions as a result of a Weather Event; d) increase the frequency of the activities in subsections 3.1(a), (b) and (c) as the information gathered by or otherwise available to the Contractor indicates that a Weather Event is forecasted; e) anticipate local Highway conditions from the information gathered by or otherwise available to the Contractor pursuant to subsections 3.1(a), (b) and (c) and mobilize and deploy resources according to the forecast of impending Weather Event conditions in order to minimize the development of Slippery surface conditions in accordance with the performance time frame requirements in this Specification; f) remove and continuously undertake the removal of Accumulation on Highways and at the full width of the Travelled Lane in accordance with the Accumulation trigger in Section 3.2(b) and the performance time frames with sufficient resources at initial deployment to accomplish same as follows: i. remove Accumulation from super-elevated curves and other locations where the Shoulder edge is higher than the Travelled Lane so that snowmelt does not drain onto or across the Travelled Lane.; ii. iii. iv. plow Overpasses and interchanges without throwing snow onto underlying Highways or railways; remove Accumulation from Rest Areas, pull-outs and parking areas at one Class lower than the adjacent Highway, to an initial minimum of 2.5 metre pass width; remove Accumulation from brake check areas, chain up/off areas and inspection stations (to an initial minimum of 5.5 metre pass width for inspection stations) at the same Class as the adjacent Highway, and; v. remove Accumulation from other areas designated by the Province in writing by Notice to the Contractor at the same Class as the adjacent Highway. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

295 3.2 Performance Time Frames The Contractor must: a) in advance of a forecasted or anticipated Weather Event, mobilize and deploy resources to apply Abrasives and/or Anti- Icing materials to minimize the development of Slippery surface conditions and prevent snow or ice bonding to the road surface; b) ready sufficient resources in advance of a forecasted Weather Event, and commence removal of Accumulation once the Accumulation trigger is reached which is defined as follows: i. a 4mm water equivalent precipitation mixed snow-rain measured at the nearest RWIS station (as described in Schedule 15 of the Maintenance Agreement); or ii. 3cm of Accumulation on the Highway surface. c) continuously remove Accumulation at the full width of the Travelled Lanes from the time of the Accumulation trigger in Section 3.2(b), ensuring that Accumulations remain below the Maximum Allowable Accumulations shown in Table 300A below: Table 300A. Highway Classification Maximum Allowable Accumulation A B C D E One Travelled Lane Each Direction 4.0cm 6.0cm 10.0cm 15.0cm 25.0cm Second Travelled Lane 8.0cm 10.0cm n/a n/a n/a All Other Lanes 12.0cm 16.0cm 20.0cm n/a n/a d) notwithstanding subsection 3.2 (c), plowing of slush and removal of broken Compact snow from the Travelled Lanes must be completed within the timeframes shown in Table 300B below: Table 300B. Highway Classification Maximum Timeframe to Remove slush and A B C Paved C Unpaved & D E broken Compact All Travelled Lanes 90 min 2 h 6 h n/a n/a e) after the Weather Event, complete removal of Accumulation as per the requirements in Table 300C below: Table 300C. Road Surface Condition and Timeframes after the Weather Event ends i) Road surface condition ii) Time to achieve conditions stated in Table 300C (i) A Warmer than -9 0 C: bare pavement Colder than -9 0 C: bare or Compact B Warmer than -9 0 C: bare pavement Colder than -9 0 C: bare or Compact Highway Classification C Paved* Warmer than -9 0 C: bare pavement Colder than -9 0 C: bare or Compact C Unpaved D E Compact Compact Compact 24 h 36 h 48 h 48 h 72 h 7 d * Excludes sealcoated gravel roads f) after the Weather Event, remove Accumulation from paved Shoulders, including pushing snow and ice beyond the paved Shoulder edge or, where guardrail prevents the complete removal of the snow to the shoulder edge, dealing with any resulting condition that is unsafe or has the potential to be unsafe and remove Accumulation from the balance of all remaining Accumulation at Rest Areas, pullouts parking areas and inspection stations after the initial removal per Sections 3.1(f)(iii) and 3.1(f)(iv), no later than the times specified in Table 300D: Table 300D. Maximum Highway Classification Timeframe to remove Accumulation for Paved A B C D E Shoulders i) Paved Shoulders 4 days 6 days 10 days 24 days n/a SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

296 g) when detected by or reported to the Contractor, manage the condition of Compact and complete repairs within the following timeframes specified in Table 300E: Table 300E. Performance Timeframes to Manage Compact: i) Maintain thickness of the Compact surface no greater than 40 mm ii) Pot-hole in Compact (averaging more than 1 per 25metres of road) exceeding 30 mm depth iii) Rutting in Compact in excess of 25 mm iv) Removal of Compact when temperature is -9 0 C and warming Highway Classification A B C D E 48 h 48 h 48 h 48 h n/a 24 h 24 h 48 h 7 d n/a 72 h 72 h 4 d 7 d n/a 24h 36h 48h n/a n/a 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must, when materials are required to meet the requirements of this specification: a) use De-Icing products and chemicals from the most recent version of the Recognized Products List; or b) use Anti-Icing, De-Icing or pre-wetting materials recognized on the Pacific Northwest Snowfighters (PNS) Qualified Products List; or c) as approved in writing by the Province; d) use materials in accordance with the maximum allowable particle size for Abrasive and the mean Gradation limits when tested according to ASTM Designations C136 and C117, and as shown in Tables 300F and 300G below: Table 300F Abrasives Gradation Abrasives Type Type A Type B (i) maximum particle size 9.5 mm 12.5 mm (ii) metric screen size 12.5 mm (1.2 inch) mm( 3/8 inch) mm (1/4 inch) 4.75 mm, #4 Sieve mm, #8 Sieve mm, #10 Sieve mm mm, #40 Sieve mm mm, #100 Sieve mm Note: The figures shown in the above table represent the percent of material which passes through that particular screen size. Table 300G Abrasive Application per Highway Classification Class A and B Class C, D and E Abrasives Type Type A Type A or B 4.2 Warranty Not applicable to this specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 3

297 B.C. MINISTRY OF TRANSPORTATION & INFRASTRUCTURE Maintenance Specification Chapter SNOW AND ICE BONDING PREVENTION AND CONTROL 1. OBJECTIVE 2. SCOPE To facilitate the safe and efficient movement of traffic on Highways in winter conditions through the anticipation of Slippery Highway conditions and the use of chemical snow and ice control applications and Abrasives applications, and to make sure that the Contractor utilizes and deploys those resources that are required to comply with this Specification, in a manner which anticipates and responds in advance of a Weather Event as defined in the Maintenance Specifications. 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Materials and procedures requirements 2.2 Not applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Warranty Requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) proactively and continuously monitor Highway surface temperatures and conditions by use of the Contractor s own patrols and observations, utilizing RWIS Information (as described in Schedule 15 of the Maintenance Agreement) and by reviewing and monitoring weather forecasts; b) acquire and utilize Road Temperature and Condition (RTC) forecasts to determine if a Weather Event is likely to develop that would create Slippery surface conditions; c) utilize other available methodologies and technologies such as but not limited to thermal mapping, in conjunction with RTC forecasts, to better identify locations and areas that may develop Slippery surface conditions as a result of a Weather Event; d) increase the frequency of the activities in subsections 3.1(a), (b) and (c) as the information gathered by or otherwise available to the Contractor indicates that a Weather Event could occur; e) mobilize and deploy resources in advance of a forecasted Weather Event to pre-treat the Highway surface with Chemicals or Abrasive as appropriate for the location in order to minimize the development of Slippery surface conditions and to facilitate the removal of Accumulation; f) utilize RWIS data and RTC forecasts or other alternative technologies when Anti-Icing to apply appropriate and sufficient chemical concentrations on the road surface to prevent re-freeze; g) utilize RWIS data and RTC forecasts or other alternative technologies to determine and apply an appropriate application of Chemicals and/or Abrasives to be used to minimize the development of Slippery surface conditions; h) utilize RWIS data and RTC forecasts or other alternative technologies when De-Icing to determine and apply appropriate application of Chemicals to achieve the road surface condition stipulated in Table 300C. i) deploy resources to restore surface traction by applying Chemicals and/or Abrasive when a non-forecasted event occurs and Slippery conditions are detected by or reported to the Contractor; SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

298 3.2 Performance Time Frames The Contractor must: a) in advance of a forecasted Weather Event mobilize and deploy resources to pre-treat the Highway surface with Chemicals or Abrasive as appropriate for the location in order to minimize the development of Slippery surface conditions and to facilitate the removal of Accumulation; b) in advance of a Weather Event utilize RWIS data and RTC forecasts or other alternative technologies when Anti-Icing to determine and apply appropriate and sufficient chemical concentrations on the road surface to prevent re-freeze; c) during a Weather Event, utilize RWIS data and RTC forecasts or other alternative technologies to determine and apply appropriate application of winter chemicals and/or Abrasives to be used to minimize the development of Slippery surface conditions; d) after a Weather Event, utilize RWIS data and RTC forecasts or other alternative technologies when De-Icing to determine and apply appropriate application of Chemicals to achieve the road surface condition stipulated in Table 300C; e) immediately restore surface traction when Slippery conditions are encountered during patrol; f) restore traction within the response times, from the time the deficiency was detected by, or reported to the Contractor, as specified in Table 310A: Table 310A. Response Time Frames for Restoring Traction i) At the following locations once the Weather Event commences: hills greater than 5% curves with posted or advisory speeds under 60 km per hour curves on a hill school zones intersection black ice prone locations accident prone locations bridge decks shady areas other areas as designated by the Minister Highway Classification A B C D E 60 min 90 min 2 h 4 h n/a ii) At all Other Locations 2 h 3 h 4 h 6 h n/a g) during a freezing rain Weather Event, restore traction within the response times, from the time the deficiency was detected by, or reported to the Contractor, as specified in Table 310B: Table 310B. Response Times Highway Classification for Restoring Traction A B C D E i) Freezing Rain, all locations 2 h 3 h 5 h 6 h n/a h) when polished Compact road conditions are encountered such that the Travelled Lanes are not able to effectively retain Abrasive, modify the surface using ice blading or some other method so that the surface will retain Abrasive and then apply Abrasive within the response times specified in Table 310C: Table 310C. Response Times Highway Classification for Restoring Traction on polished Compact: A B C D E i) at all locations 24 h 24 h 48 h 5 d n/a SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

299 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must, when materials are required to meet the requirements of this specification: a) use De-Icing products and chemicals from the most recent version of the Recognized Products List; or b) use Anti-Icing, De-Icing or pre-wetting materials recognized on the Pacific Northwest Snowfighters (PNS) Qualified Products List; or c) as approved in writing by the Province; d) use materials in accordance with the maximum allowable particle size for Abrasive and the mean Gradation limits when tested according to ASTM Designations C136 and C117, and as shown in Tables 310D and 310E below: Table 310D Abrasives Gradation Abrasives Type Type A Type B (i) maximum particle size 9.5 mm 12.5 mm (ii) metric screen size 12.5 mm (1.2 inch) mm( 3/8 inch) mm (1/4 inch) 4.75 mm, #4 Sieve mm, #8 Sieve mm, #10 Sieve mm mm, #40 Sieve mm mm, #100 Sieve mm Note: The figures shown in the above table represent the percent of material which passes through that particular screen size. Table 310E Abrasive Application per Highway Classification Class A and B Class C, D and E Abrasives Type Type A Type A or B 4.2 Warranty Not applicable to this specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 3

300 B.C. MINISTRY OF TRANSPORTATION & INFRASTRUCTURE Maintenance Specification Chapter ROADSIDE SNOW AND ICE CONTROL 1. OBJECTIVE 2. SCOPE Maintain the Roadside free of accumulated snow and ice that is unsafe for Highway Users and properties; or threatens the integrity of the Highway. 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Materials and procedures requirements 2.2 Not applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Warranty Requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) Maintain ditches and Drainage Appliances to prevent the flooding of the roadway or Ancillary Facilities caused by snow and ice within ditches and Drainage Appliances; b) clear snow and ice accumulations from: i) intersections; ii) in front of roadside barriers; iii) around median barriers; iv) around traffic islands; and v) around sign systems. c) clear snow and ice and restore traction on pedestrian facilities; d) remove sight distance obstructions due to snow and ice accumulations; e) remove snow and ice from overhead features, including rock faces, tunnel walls, pedestrian overpasses, bridges and Signs; f) remove snow and ice encroaching, overhanging or otherwise accumulating above the Travelled Lanes and Shoulder tops; g) remove snow and ice from Structures and dispose of in an appropriate location; h) remove snow and ice from pedestrian or wheel chair facilities at intersections, sidewalks, stairways and walkways on Highways, Pedestrian Overpasses and pedestrian tunnels; i) remove snow and ice from overhead structures, such as Bridges and pedestrian overpasses in a manner that will not endanger vehicles, pedestrians, property, railways or other facilities below and where snow removal is restricted; j) remove snow and ice wedge deposits in excess of 30 cm out from the curb or barrier towards the Travelled Lane; k) remove snow and ice from information kiosks and other tourist information facilities, as directed by the Province; l) provide ongoing snow storage requirements for continuing winter maintenance operations; m) restore overhead clearances to utility lines reduced by Highway snow removal operations; n) clear bridge sidewalks; o) remove snow and ice to facilitate unimpeded drainage flow, and; p) remove snow and ice from cattle guard structures. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

301 3.2 Performance Time Frames The Contractor must: a) prevent flooding of the Highway and Ancillary Facilities caused by snow and ice within ditches and Drainage Appliances by the early removal of the snow and ice once winter melt is forecast or by the continual reduction of snow during the winter season; b) restore vertical clearances to overhead utilities reduced by snow removal operations as required; c) commencing from the time the deficiency was detected by or reported to the Contractor, respond within the response times in Table 320A to undertake the stated roadside-clearing maintenance activities: Table 320A. Response Times for Roadside Clearing i) remove snow and ice from overhead features ii) remove snow and ice from cattle guards Highway Classification A B C D E 8 h 8 h 8 h 8 h n/a 8 h 8 h 8 h 8 h n/a d) after the Weather Event, ends and the road surface conditions as per Table 300C are met, complete the clearing of Accumulation on Highways and Roadsides, and restore traction on pedestrian facilities within the response times in Table 320B: Table 320B. Performance Time Highway Classification Frames for Roadside Clearing A B C D E i) Bridge sidewalks and railings, 24 h 24 h 24h 72 h n/a ii) Pedestrian Overpasses or 24 h 24 h 24 h 72 h n/a Underpasses iii) sidewalks, walkways, and 24h 24 h 24 h 72 h n/a sidewalk approaches to structures, and wheel chair crossings, facilities iv) Sight Distance Obstructions 36 h 36 h 36 h 72 h n/a v) information kiosks, and other 48 h 48 h 48 h 3 d n/a tourist information facilities vi) Intersections, Medians, 48 h 72 h 8 d 12 d 20 d Railway Crossings and Railway Crossing Approaches vii) Roadside Barrier and railings Median Barriers railings 48 h 72 h 8 d 12 d 20 d 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must, when materials are required to meet the requirements of this specification: a) use De-Icing products and chemicals from the most recent version of the Recognized Products List; or b) use Anti-Icing, De-Icing or pre-wetting materials recognized on the Pacific Northwest Snowfighters (PNS) Qualified Products List; or c) as approved in writing by the Province; SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

302 d) use materials in accordance with the maximum allowable particle size for Abrasive and the mean Gradation limits when tested according to ASTM Designations C136 and C117, and as shown in Tables 320C and 320D below: Table 320C Abrasives Gradation Abrasives Type Type A Type B (i) maximum particle size 9.5 mm 12.5 mm (ii) metric screen size 12.5 mm (1.2 inch) mm( 3/8 inch) mm (1/4 inch) 4.75 mm, #4 Sieve mm, #8 Sieve mm, #10 Sieve mm mm, #40 Sieve mm mm, #100 Sieve mm Note: The figures shown in the above table represent the percent of material which passes through that particular screen size. Table 320D Abrasive Application per Highway Classification Class A and B Class C, D and E Abrasives Type Type A Type A or B 4.2 Warranty Not applicable to this specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 3

303 B.C. MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE Maintenance Specification Chapter SNOW AVALANCHE RESPONSE 1. OBJECTIVE To safeguard Highway Users against avalanches and to minimize Highway closures. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Materials and procedure requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) respond to snow avalanches in accordance with the Snow Avalanche Safety Measures for Highways Manual; b) consider the following while planning and carrying out the work: i) the safety of Highway Users who travel through or within designated avalanche hazard areas; and ii) the minimization of avalanche related Highway closures; c) ensure that operational personnel working within a designated avalanche area have complete and current training in and awareness of snow avalanche response procedures including the following: i) One Day Avalanche Safety Training; ii) iii) iv) Search and Rescue Procedures; Explosive Spill Plan; Avalanche Personnel Check-in Procedures; v) Mock Rescue Practice; and vi) Familiarity of Avalanche Terrain within Service Area; d) maintain and replace lost or stolen avalanche safety equipment supplied by the Ministry, unless otherwise specified in writing by the Province and as defined in the following: i) Snow Avalanche Safety Measures for Highways Manual; ii) Sign Manuals; f) comply with Highway maintenance restrictions as per the Five Level Avalanche forecasts and specific operational procedures, as provided by the local avalanche technicians; SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

304 g) notify local Ministry avalanche personnel of any significant avalanche occurrences either above or on the Highway and report any changes in weather conditions associated with rising avalanche hazard conditions; h) ensure vehicle access to snow avalanche facilities, including but not limited to Gun Platforms, Rescue Caches and Explosive Magazines; i) ensure access to and relocate avalanche gates as required; j) remove avalanche Debris and snow from the Highway including Debris from any adjacent avalanche catchment areas and static avalanche defence structures; and k) initiate as required and participate in snow avalanche search and rescue efforts to recover vehicles and/or Highways Users buried in a snow avalanche; Performance Time Frames The Contractor must: a) respond to snow avalanche conditions as follows: Condition (i) initiate Avalanche Search and Rescue Plan (as necessary), and prepare for and participate in search and rescue effort Performance Time Frame immediately (ii) provide access to avalanche gates and vehicle access to snow avalanche facilities 30 minutes, from the time notified by Ministry Snow Avalanche Technician (iii) start clearing snow avalanche deposits from the Highway immediately, on approval from the Ministry Snow Avalanche Technician (iv) start with intent to completely remove clearing adjacent catchment areas and snow avalanche safety structures within 24 hours, from time approval is obtained from the Ministry Snow Avalanche Technician 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedure The Contractor must supply materials and equipment necessary to support avalanche safety measures. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

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306 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter MOWING AND VEGETATION CONTROL 1. OBJECTIVE To improve visibility for Highway Users and facilitate effective drainage. 2. SCOPE 2.1 Applicable to this Specification: a) Quantified Maintenance Services b) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap c) Warranty requirements 3. PERFORMANCE SPECIFICATION 3.1 Quantified Maintenance Services The Contractor must: a) perform mowing along Class 1-5 Highways to a width of 1.8 metres; b) perform area mowing at Rest Areas and other locations as determined by the Province; c) mow to the lowest possible height given the terrain; and d) remove vegetation from traffic islands Performance Time Frames The Contractor must: a) perform mowing when the grass reaches 25 cm; b) perform area mowing when grass reaches 15 cm; and c) remove vegetation from traffic islands when it reaches 10 cm. 4.0 MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use materials: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

307 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter BRUSH, TREE AND DANGER TREE REMOVAL 1. OBJECTIVE 2. SCOPE To improve visibility, ensure the safety of Highway Users, facilitate effective drainage and access to Structures. 2.1 Applicable to this Specification: a) Quantified Maintenance Services 2.2 Not Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap c) Materials and procedures requirements d) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Quantified Maintenance Services The Contractor must: a) partially or completely remove brush and/or trees along Highways and over Travelled Lanes that i) cause Sight Distance obstructions; ii) create shaded areas on the Highway surface causing winter icing problems; and iii) impede drainage. b) remove overhanging limbs above Highways; c) assess trees that are leaning and/or appear to be unsafe or have the potential to become unsafe to Highway Users and/or adjacent lands to determine if they are Danger Trees; d) remove Danger Trees identified in 3.1 c); e) partially or completely remove brush and/or trees around Structures to facilitate inspection and maintenance; f) dispose of loose brush and/or tree cuttings that represent a hazard or obstruct drainage; Performance Time Frames The Contractor must: a) remove brush and/or trees above the Travelled Lane as specified below: Highway Classification Distance from Shoulder edge Maximum height Medians and interchanges 0 to 15 metres 2 metres Class 1-6 Highways 0 to 2 metres.5 metres Class 1-3 Highways 2-7 metres 3 metres Class 4-6 Highways 2 to 5 metres 4 metres Class 7 Highways 0-2 metres 4 metres Note: This table is not applicable when ground elevation is more than 3 metres above or below the Travelled Lanes. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

308 b) remove brush and/or trees as described in 3.1 a) i) and iii) immediately, from the time the issue was detected by or reported to the Contractor and remove brush and/or trees as described in 3.1 a) ii) annually; c) remove overhanging limbs that are at an elevation of between 0 and 8 meters above the Highways: i) within 3 meters of the Shoulder edge on Class 1 to 3 Highways; and ii) within 2 meters of the Shoulder edge on Class 4 to 7 Highways; d) assess trees to determine if they are Danger Trees immediately from the time the issue was detected by or reported to the Contractor; e) remove Danger Trees identified in 3.1 c) within 7 days from the time of the assessment; f) remove brush and/or trees within a 5 meter perimeter of Structures to facilitate inspections and maintenance annually; and g) dispose of brush cuttings within 5 days of cutting. 4. MATERIALS, PROCEDURES AND WARRANTY Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

309 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter LITTER COLLECTION AND GRAFFITI REMOVAL 1. OBJECTIVE To keep Highways clean and tidy. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Materials and Procedures Requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) Collect and dispose of litter from Highways; b) empty litter receptacles at roadside facilities and dispose of the litter; c) remove graffiti from natural features and Infrastructure or, if the graffiti cannot be removed, paint over the graffiti; and d) report abandoned vehicles or equipment to the appropriate authorities and arrange for disposal of the vehicles if required, all in accordance with the Province s Abandoned Vehicle Process Performance Time Frames The Contractor must: a) collect and dispose of litter within the following timeframes: Highway Classification Highways with traffic volumes over 50,000 vehicles per day Highway 1 and other Lower Mainland multi-lane Highways, 4-lane Highways on Vancouver Island and other Urban Freeways other Urban Highways other Class 1 Highways other Class 2 Highways and designated routes to garbage disposal sites other Class 3 Highways all Class 4-7 Highways Legend: d days, m months Minimum Frequency every 7 d every 14 d every 21 d every 30 d every 60 d every 90 d every 6 m b) empty litter receptacles at roadside facilities and dispose of the litter every three days or when they become full, whichever occurs first; SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

310 c) remove or cover graffiti on natural features and Infrastructure within the following timeframes: Highway Classification 1& &7 3 d 6 d 9 d 15 d 30 d Legend: d days e) report abandoned vehicles or equipment and arrange for disposal of the vehicles, if required, in accordance with the time frames outlined in the Province s Abandoned Vehicle Process. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures 4.2 Warranty The Contractor must use paint in accordance with the most recent version of the Recognized Products List and apply it in accordance with the manufacturer s specifications. The paint must be of an appropriate colour to cover graffiti and minimize the effect of the repair. Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

311 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter REST AREA MAINTENANCE 1. OBJECTIVE To provide clean and sanitary Rest Areas for Highway Users. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap c) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Quantified Maintenance Services b) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) repair any failure of heating, water supply or sewer system; b) repair any structural components such as broken doors, broken or missing roof vents or roof leaks; c) install and remove interior winter vent covers; and d) keep the facilities clean and tidy Performance Time Frames The Contractor must: c) repair any failure of heating, water supply or sewer system at a Rest Area within two hours from the time the deficiency was detected by or reported to the Contractor; d) repair any structural components such as broken doors, broken or missing roof vents or roof leaks within 2 hours from the time the deficiency was detected by or reported to the Contractor; and, immediately respond to any major repairs, as determined by the Contractor and approved in writing by the Province, completing those agreed to major repairs within 14 days of receiving approval; e) install interior winter vent covers before October 15 of each year and remove the covers before April 1 of each year; SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

312 f) keep the facilities clean and tidy, as follows: Maintenance April 1 to Oct. 14 of each year (inclusive) Oct. 15 to March 31 each year (inclusive) clean and maintain fixtures and the interior and exterior of structures daily or more often if required daily remove litter, empty garbage receptacles, and dispose daily or more often if required daily make sure all required supplies are in place as required as required remove marks and graffiti daily or more often if required daily empty, recharge and maintain toilets as required as required clear and clean walkways year-round and, during winter, restore daily or more often if traction required daily repair and/or replace fixtures and the interior and exterior components of structures as required as required monitor sewage level of disposal systems and ensure proper functioning monthly monthly seal/varnish picnic tables yearly yearly Routine Maintenance Services Cap If the Contractor estimates that, at any particular time, the cost to repair or replace fixtures/structural components (e.g.,heating system, water system, sewer system, roof, fixture or appliance) exceeds the $15,000 ( the Routine Maintenance Services Cap), the Contractor must notify the Province. The provisions of Article A ( Maintenance Services ) Routine Maintenance Service Cap of the Introduction will apply. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use materials: a) in accordance with the Standard Specification for Highway Construction; or b) from the most recent version Recognized Products List; or c) as approved in writing by the Province. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

313 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter FENCE MAINTENANCE 1. OBJECTIVE Restore the functionality of fences. 2. SCOPE 2.1 Applicable to this Specification: a) Quantified Maintenance Service b) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap c) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Quantified Maintenance Services The Contractor must: a) repair fences along those Highways listed as Schedule 1 and Schedule 2 Highways in the Motor Vehicle Act Regulations, B.C. Reg. 26/58 ( Schedule 1 and Schedule 2 Highways ) to restore the functionality of any section of fence that has been damaged as a result of the following: i) motor vehicle accidents; ii) acts of vandalism; iii) fallen trees from the Right-of-way; iv) slides, fire, flood; and v) other natural occurrences; and b) repair and/or construct new Specialty Fences Performance Time Frames The Contractor must: a) start temporary repairs within 1 hour, from the time the deficiency was detected by or reported to the Contractor, to fences along Schedule 1 and Schedule 2 Highways; b) start temporary repairs to Specialty Fences, when the repair is of a safety-related nature, within 1 hour from the time the deficiency was detected by or reported to the Contractor; and c) complete permanent repairs to fences within 7 days from the time the deficiency was detected by or reported to the Contractor. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

314 4. MATERIALS PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use materials: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. Note: The Contractor must repair fences with the existing type of material. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

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316 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter SIGN SYSTEM MAINTENANCE 1. OBJECTIVE To regulate and facilitate the safe and orderly movement of traffic. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Warranty requirements In addition to regular static signs, the Contractor is responsible for the cleaning of any electronically controlled signs (lighted chevrons, lighted curve warning signs, variable speed zone signs Wildlife Detection Systems etc.) to maintain sign visibility. The Contractor is NOT responsible for maintenance of the electrical components, sign replacement or sign relocation. The Contractor will notify the Province immediately when an electronically controlled sign is detected by or reported to the Contractor as being damaged or not functioning properly. 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) keep all Sign Systems clean, repaired, legible, adequately reflective, erect and correctly located in accordance with the Province s Sign manuals and Appendix "A" to this Maintenance Specification, or as otherwise specified by the Province; b) repaint all untreated wood posts; treated posts do not require painting; c) relocate Sign Systems that are required to be removed and re-installed due to seasonal requirements; d) remove, store and be responsible for any illegal or unauthorized Signs or Sign Systems from the Highways. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

317 3.1.1 Performance Time Frames The Contractor must: a) from the time the deficiency was detected by or reported to the Contractor, address the deficiencies in 3.1 a) as follows: Type of Sign Highway Classification 1&2 3&4 5,6&7 (i) regulatory and warning 24 h 24 h 24 h (ii) school and pedestrian 24 h 2 d 3 d (iii) delineators 24 h 2 d 3 d (iv) parking and stopping 24 h 2 d 3 d (v) direction (guide) 2 d 3 d 7 d (vi) parking and stopping 24 h 2 d 3 d (vii) direction (guide) 2 d 3 d 7 d (viii) information 2 d 3 d 7 d (ix) service and attraction 2 d 3 d 7 d (x) all other Signs 7 d 7 d 7 d Legend: d days, h hours c) notwithstanding a), make temporary repairs immediately, from the time the deficiency was detected by or reported to the Contractor; to any regulatory or warning Sign that is determined to be a Damaged Sign as described in Appendix A of this Maintenance Specification; d) notwithstanding a), immediately, from the time the deficiency was detected by or reported to the Contractor, initiate installation of temporary signage and ensure the site is safe, when a stop or yield Sign is missing; e) re-paint untreated Sign and delineator wood posts when the surface is discoloured or damaged and re-paint all wood posts a minimum of once every three years; f) relocate Sign Systems required to be removed and reinstalled due to seasonal requirements or changing needs or conditions within 7 days from receiving direction from the Province; and g) remove illegal or unauthorized Signs or Sign Systems from the Highways immediately, from the time they are detected by or reported to the Contractor; and store the signs until claimed by the owner or as directed by the Province. 3.2 Quantified Maintenance Services The Contractor must: a) replace all reflectors; b) replace or install new Sign Face Overlays, Signs and Sign Systems; c) relocate Signs and Sign Systems as required by the Province because of policy changes. Note: The Contractor must not mount Signs on poles or structures without the prior approval of the Province. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

318 3.2.1 Performance Time Frames The Contractor must: a) replace surface and barrier reflectors that are missing or no longer effective within 10 days from the time the deficiency was detected by or reported to the Contractor; b) replace or install new regulatory, warning or school and pedestrian Sign Face Overlays, Signs and/or Sign Systems within 24 hours from receiving direction from the Province; c) install new or replacement guide or information Sign Face Overlays, Signs and/or Sign Systems within 24 hours of delivery; and d) install all other Sign Face Overlays, Signs and/or Sign Systems and delineators within 7 days as requested the Province. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must ensure that: a) Sign Face Overlays, Signs and Sign Systems must be as specified in the Specifications for Standard Highway Sign Materials, Fabrication and Supply; and in the Sign Pattern Manual; b) metal posts and battens are made of perforated, Galvanized steel square tubing or of other material as approved in writing by the Province; c) all wooden posts and battens are pressure-treated wood S4S, with dimensions, colour and shape as specified in the Standard Specifications for Highway Construction; d) metal or concrete posts for delineators are as specified in the Sign Manuals and that plastic or fiberglass delineator posts are in accordance with the Standard Specifications for Highway Construction; e) oil-base, solid colour stain or oil-base exterior paint, compatible primer paint and standard paint colours are as specified in the Sign Manuals, with all materials meeting the CGSB specifications as to quality, coverage and colour in accordance with the Standard Specifications for Highway Construction; f) all hardware is of non-corrosive material to avoid discolouration of Sign and delineator faces; g) delineator and reflective sheeting are in accordance with the Sign Manuals; h) concrete and other materials used for production and fabrication of Sign bases are in accordance with the Sign Manuals, Standard Specifications for Highway Construction or as otherwise approved in writing by the Province; i) barrier reflectors are as specified in the Standard Specifications for Highway Construction; and j) installation of posts and bases are undertaken in accordance with the Standard Specifications for Highway Construction and Sign manuals listed in Section I of the Introduction to these Maintenance Specifications including T- Circulars and amendments issued by the Province from time to time. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 3

319 BC MINISTRY OF TRANSPORTATION Maintenance Specification SIGN SYSTEM MAINTENANCE APPENDIX "A" Policy for Highway Signs Poorly maintained Signs and other Sign Systems reduce Highway safety and spoil the appearance of an otherwise well maintained Highway. To be respected by Highway Users and to be useful and effective, Sign Systems must be correctly used and correctly placed. Effective Signing requires: a) selection of the correct Sign System for a particular situation; b) correct location of the Sign System; and c) ongoing maintenance to ensure that the Sign and its post(s) are in good condition. In order to meet the requirements of this policy, the Contractor must engage in practices that ensure that all Signs and other Sign Systems are correctly placed, clearly display the necessary messages to ensure the safe and orderly movement of traffic, and meet other safety, aesthetic and economic benefits. This requires that the Contractor carry out its obligations in accordance with this Maintenance Specification in a manner that minimizes the overall deterioration of Signs and other Sign Systems. The following descriptions of "Sign Deterioration" and "damaged Sign" must be referred to in this Maintenance Specification: "Sign Deterioration" Each Sign face will be kept visible and legible under both day and night time conditions. It should be noted that all Signs will gradually deteriorate to a point where the Signs must be Refurbished or replaced. The retro-reflective sheeting of Signs deteriorates from the effects of sunlight, weather, airborne particles, and air pollution. Dirt from road spray, snow and ice removal from the roadway, and air pollution may collect on the Sign sheeting, and, if unchecked, will severely affect the night time visibility of the Sign. A Sign face is considered to have lost its retro-reflectivity for night time display when the area of limited retro-reflectivity or blotchy reflectiveness exceeds 25% of the Sign face area. A Sign face is also considered to have lost its retro-reflectivity when the reduced retro-reflectivity, as determined by the Province, overrides the ability of the Sign text, colour, or legend to be effectively presented to the travelling public or other intended audience. "Damaged Sign" A Sign is considered to be a damaged Sign where: a) the Sign is not flat (planar) and properly oriented to the travelling public or other intended audience; b) either 10 square cm or 1% (whichever is greater) of the Sign face area is damaged, dented, vandalized or otherwise not as new; or c) in the opinion of the Province, the intended message to the travelling public or other intended audience is unclear or confusing. Managing Sign and Other Sign Systems Maintenance The Province does not currently have a comprehensive or consolidated "Sign Maintenance Manual". It is therefore expected that the Contractor will develop an integrated process to accomplish an effective Sign maintenance program. Contractors will base their program on the contents of the following publication or other sources as approved by the Province: Maintenance Management of Street and Highway Signs NCHRP Synthesis 157 ISSN ISBN available from: Transportation Research Board National Research Council 2101 Constitution Avenue, N.W. Washington, DC SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 4

320 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter TEMPORARY LINE MARKING AND ERADICATION 1. OBJECTIVE To facilitate the safe and orderly movement of traffic. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Service c) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) place temporary line marking tape on all existing and new pavement surfaces required as a consequence of the Contractor s provision of the Maintenance Services; and ensure temporary line markings are: i. well-defined, clear and distinct; ii. effective until the permanent markings are applied; b) remove or completely eradicate line markings which are superfluous or obsolete or as directed by the Province; and ensure the surface is not damaged as a result of any grinding or other eradication technique used; and c) remove and dispose paint or other pavement marking materials. Note: The Contractor is not responsible for placing temporary line markings to replace lines that have disappeared due to wear Performance Time Frames The Contractor must: a) within 3 hours of completing Maintenance Services, place temporary line markings and/or eradicate superfluous line markings; and b) on a daily basis, remove and dispose paint and other pavement marking materials. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use materials in accordance with the most recent version of the Recognized Products List and apply them in accordance with the Traffic Management Manual for Work on Roadways, Draft Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

321 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter TRAFFIC MANAGEMENT 1. OBJECTIVE 2. SCOPE To keep Highway Users safe and to minimize Traffic Delays. 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap 2.2 Not applicable to this Specification: a) Quantified Maintenance Services b) Materials and procedures requirements c) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) provide traffic control in accordance with the Traffic Control Manual for Work on Roadways (1999) (TCM) and the Traffic Management Guidelines for Work on Roadways (Sept 2001) (TMG) from the Commencement Date until November 30, 2019 as the primary reference for the placement and use of traffic control devices and for traffic control procedures; b) commencing December 1, 2019 until the Expiry Date, provide traffic control in accordance with the Traffic Management Manual for Work on Roadways (TMM), currently in draft form as version Interim 2015, as the primary reference for the placement and use of traffic control devices and for traffic control procedures; c) manage traffic queues and vehicle parking/storage; d) maintain clear zones (e.g., avalanche areas, rockfall/slide areas, debris torrent areas, blind corners, horizontal and vertical curves, etc.); e) advise Highway Users in traffic queues at key decision making points; f) proactively manage Highways by taking into consideration planned or unplanned impacts to traffic as a result of the Contractor s own actions, or actions taken by others (the Province, other contractors, utilities, municipalities, etc.); g) perform Traffic Management beyond the Service Area boundaries, if required; h) make sure Traffic Delays are kept to less than 20 minutes for all planned activities; i) calculate and document anticipated Traffic Delays; j) perform Traffic Management upon detection or notification of a condition that is ineffective or has the potential to be ineffective; this includes acting as stewards of the Province with respect to Highway safety, making sure other parties are operating effectively on the Highway and are minimizing Traffic Delays; k) advise tow truck operators when it is appropriate to remove vehicles from the Highway; l) remain at the site until traffic flow is restored and the site(s) are safe for Highway Users; m) obtain the prior written approval of the Province to use automated flagging assistance devices or temporary signals and if approved by the Province, the Contractor must monitor traffic flows and adjust the timing of the devices to ensure optimum traffic flow and safety. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

322 n) notwithstanding the TMM, perform the following in connection with traffic control for working personnel and equipment: i. TMM Section 2.5 Establishing Work on Roadways and TMM Section 3 - Traffic Management Plans shall be replaced with these requirements: 1. Using the principles in Section 3 to develop site or work specific traffic plans for routine work. a. Using a basic form, such as the Category 1 Traffic Management Plan form, for recording traffic control activities, including site specific layouts or sketches of the work. ii. Advance warning signage requirements in the TMM shall be replaced with these requirements: 1. Bridges, tunnels or other structures which require the use of stand-by emergency towing or assistance vehicles, will be exempt from using advance warning signage during peak hours. o) perform lane closures as required in the Lane Closure Local Area Specification, if applicable Performance Time Frames The Contractor must perform Traffic Management: a) as required, when performing the Services; and b) immediately from the time the Highway Incident or Major Event was detected by or reported to the Contractor Routine Maintenance Services Cap When Traffic Management is required for Specification (Highway Incident Response) the Contractor will be limited to providing, as Routine Maintenance Services, all equipment and devices required as per the appropriate layout in the TCM or TMM as applicable, 4 portable changeable message signs and a maximum of 4 traffic control persons (TCP) and 1 traffic control supervisor at each Site, regardless of the amount of time required. If the Contractor estimates the personnel required to perform Traffic Management relating to Specification (Highway Incident Response) will exceed 4 TCPs and 1 traffic control supervisor at each Site, the provisions of Article A ( Maintenance Services ) Routine Maintenance Service Cap in the Introduction will apply. If requested by the Province, the Contractor must provide the additional personnel under Additional Maintenance Services. If the Province requires pilot vehicle services, food, beverages, washroom facilities and additional portable changeable message signs (over and above the 4 required under Routine Maintenance Services), the provisions of Article A ( Maintenance Services ) Routine Maintenance Service Cap in the Introduction will apply. For greater certainty, there is no Routine Maintenance Services Cap on Traffic Management when the Contractor is performing any of the other Maintenance Services except for Specification (Major Event Response). 4. MATERIALS, PROCEDURES AND WARRANTY Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

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324 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter BRIDGE DECK MAINTENANCE 1. OBJECTIVE To provide safe, uniform, smooth, stable, and durable surfaces on Bridge Decks and to maximize the functional life of the structure. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must complete temporary repairs to all Bridge Deck Systems to a safe, durable, even and free-draining condition and ensure the deck is securely fastened or bonded to the support structure Performance Time Frames The Contractor must, from the time the deficiency was detected by or reported to the Contractor, complete temporary repairs as follows: Deck Deficiency Highway Classification 1&2 3&4 5,6 &7 8 Pot-holes in concrete and asphalt Decks - Travelled Lane 4 h 6 h 24 h 16 d - remainder of Deck 2 d 3 d 5 d 30 d loose, broken or rotted timber Deck planks - Travelled Lane 4 h 6 h 24 h 16 d - remainder of Deck 2 d 3 d 5 d 30 d loose sections, broken welds on steel Decks - Travelled Lane - remainder of Deck 4 h 2 d 6 h 3 d 24 h 5 d 16 d 30 d welding, repair, and tightening of steel Deck systems 7 d 15 d 2 m 6 m Legend: h hours, d days, m months 3.2 Quantified Maintenance Services The Contractor must: a) complete permanent repairs to the Bridge Deck systems; and SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

325 b) restore the Bridge Deck Systems to the following requirements: i) smooth and safe Wearing Surface; ii) repaired area is not to be restricted to visibly deteriorated area; iii) concrete Deck repairs, using concrete materials, are to be sound, durable and well bonded to the prepared surface; iv) concrete patch finish is to be tined or broomed; v) concrete Bridge Deck cracks are to be cleaned and sealed; vi) patch or crack repair is to match existing Deck profile; vii) timber Deck repair is to be structurally sound, tight-fitting and securely fastened; and viii) timber planks replaced when wear or deterioration exceeds 25% of cross-section Performance Time Frames The Contractor must: a) complete the permanent repair of the deficiencies within 6 months from the time the deficiency was detected by or reported to the Contractor; and b) apply linseed oil/mineral spirits in accordance with the following frequencies: i) first re-application one-year-old concrete surface treatment; ii) second re-application two-year-old concrete surface treatment; iii) third re-application four-year-old concrete surface treatment; and iv) fourth re-application six-year-old concrete surface treatment; Note: If no procedures are specified for concrete surface treatment, the approach and standard of workmanship must be in accordance with normally accepted good practice and approved by the Province. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures a) The Contractor must use materials: i) in accordance with the Standard Specifications for Highway Construction; or ii) from the most recent version of the Recognized Products List; or iii) as approved in writing by the Province. b) The Contractor must use timber Deck materials in accordance with the following: i) cross-ties must be number 1 or better grade, S2S Douglas Fir, cross-ties must be a minimum of 150 mm X 150 mm (6 inch by 6 inch) by the full width the Bridge Deck. Size tolerance is plus or minus 3 mm and maximum Wane allowed must be 10 mm on any surface and cross-ties must be preservative-treated; ii) laminated Decking material must be preservative-treated; iii) re-decking planks must be of number 1 grade and Wane free, SIS2E, Heart-Side surfaced, 100 mm X 250 mm (4 inch by 10 inch) Douglas Fir, in minimum 4.9 metre (16 foot) lengths laid Heart-Side down; iv) all fasteners must be hot-dip Galvanized; v) Ekki Wood, where specified for use by the Province, is normally ordered by actual dimensions and must be in accordance with the following requirements: 1) minimum modulus of rupture in static bending must be 150 MPa; 2) minimum crushing strength will be 70 MPa; 3) timbers must be free of Heartwood, Sapwood, and Wane except members larger than 350 mm by 350 mm which may contain Boxed Heartwood; 4) sound, tight and well-spaced knots not larger than 50 mm are permitted at a maximum of one knot per linear metre of board length; 5) maximum Crook must be 25 mm. Surface checks and Splits must have a maximum length of 150 mm. Slope of Grain will be 1:10 maximum; 6) size tolerance must be plus or minus 3 mm; and 7) Galvanized lag bolts must be used on Ekki Wood Decking. 4.2 Warranty Bridge Deck maintenance is warrantied in accordance with the Introduction to the Maintenance Specifications, paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

326 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter BRIDGE WASHING AND CLEANING 1. OBJECTIVE To preserve Bridges. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) wash and/or clean all Bridges to remove dirt, surface contaminants, chemicals and Abrasive; b) clean all horizontal and vertical surfaces of Bridges and their components; clean Truss members to a minimum height of 3 metres above the Deck surface; and c) ensure that cleaning of Underpasses, Overpasses, Flyovers and Overheads is performed without damage to property or cause injury to Highway Users. Notes: 1. The Contractor must not perform Bridge and structure cleaning when temperatures are 0 degrees Celsius or less, or when such temperatures are anticipated within 24 hours. 2. Contractor applications for drawing water permits for the purpose of bridge washing are available free of charge from provincial environmental agencies when applied for on behalf of the Ministry Performance Time Frames The Contractor must: a) clean all Bridges in the spring of each year when reasonable assessment indicates no further Abrasive or chemicals will be applied and within the earliest allowable environmental window, as specified by the appropriate environmental agencies, or by June 30th of each year, whichever comes first; and b) notwithstanding a), where there is dirt, Debris and/or deleterious materials on the Bridge causing a condition that is unsafe or has the potential to be unsafe, immediately wash/clean the Bridge when it is detected by or reported to the Contractor. 4. MATERIALS, PROCEDURES AND WARRANTY Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

327 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter BRIDGE DRAIN AND FLUME MAINTENANCE 1. OBJECTIVE To provide effective drainage for Bridge Decks, Substructures and Foundations. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) perform Bridge Drain and Flume maintenance; b) remove trapped or Ponding water to prevent damage to Bridge Decks, Bearings and Substructures; c) clear catchment areas that have become clogged; d) maintain Flumes to carry water from drain pipes down Fill Slopes and away from Bridge Abutment Fills and Wing Walls; e) ensure that steel grills are securely anchored; and f) clear, repair or replace all grills, Drain pipes, Flumes and funnels that are clogged, rusted, damaged, separated or missing Performance Time Frames The Contractor must: a) complete cleaning and unplugging of any clogged steel grill or Drain pipe that causes Ponding on Bridge Decks within one hour from the time the deficiency was detected by or reported to the Contractor; b) complete unplugging of any grills, Drain pipes or Flumes that are plugged, but do not cause Ponding on Bridge Decks, within 14 days from the time the deficiency was detected by or reported to the Contractor; c) inspect Drains and Flumes monthly, or more frequently if required, to identify drainage problems in areas that historically have frequently plugged drains; and d) complete repair or replacement of damaged or missing grills, Drain pipes or Flumes within 14 days from the time the deficiency was detected by or reported to the Contractor, or commence immediate repairs or replacements when the deficiency is detected by or reported to the Contractor if they are unsafe or have the potential to become unsafe. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

328 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures Unless directed by the Province, the Contractor must use materials and procedures: a) in accordance with the Standard Specification for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. Note: If no procedures are specified, the approach and standard of workmanship must be in accordance with normally accepted best practices and approved in writing by the Province. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

329 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter BRIDGE JOINT MAINTENANCE 1. OBJECTIVE To provide a safe, smooth and stable surface condition for Highway Users and to maximize the functional life of the Bridge. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) maintain, re-seal and repair components of Bridge Joints and Bridge Joint Armours considered unsafe or have the potential to become unsafe; b) repair or re-seal Bridge Joints that are not aligned, cracked, worn, shrivelled, leaking, separated from joint walls or abraded; c) repair joint Anchor Bolts that are damaged, rusted or loose; d) repair Armour that is bent, gouged, loose or separated from the concrete Deck; and e) repair steel Finger Joints and Sliding Plate Joints that are loose, cracked, have broken welds or have missing components Performance Time Frames The Contractor must: a) commence maintenance and repairs immediately to Bridge Joints, Bridge Joint Armours and joint Anchor Bolts that are considered unsafe or have the potential to become unsafe, from the time the deficiency was detected by or reported to the Contractor and complete that maintenance and repair forthwith; and b) complete all maintenance and repairs to Bridge Joints, Bridge Joint Armours and joint Anchor Bolts which have the potential to reduce the functional life of the structure as follows: Highway Classification Maintenance and Repair 1 & & 7 a) repair damaged Bridge Joint components 2 m 90 d 6 m 6 m 6 m b) repair concrete and Armour 4 m 6 m 6 m 6 m 6 m Legend: d days, m months SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

330 3.2 Quantified Maintenance Services The Contractor must replace Bridge Joints, seals and Bridge Joint Armours. Notes: 1. The Contractor will not be required to perform complete replacement of Finger Joints under this Maintenance Specification. 2. a) The area of strip Bridge Joint seals will be determined by using the maximum rated gap according to the manufacturer s specifications, and multiplying that width by the length of seal installed; and b) The area of compression Bridge Joint seals will be determined by using the nominal width of uncompressed seal and multiplying that width by the length of seal installed; and c) The area of poured-in-place Bridge Joint seals will be determined by using the nominal width of Bridge Joint gap as measured at the time of placement and multiplying that width by the length of Bridge Joint filled Performance Time Frames The Contractor must, from the time the deficiency was detected by or reported to the Contractor, complete the replacement of Bridge Joint seals and Armour as follows: Replacement Bridge Joint seal & Armour Legend: m - months Highway Classification 1 & 2 3,4,5,6,7 4 m 6 m 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and procedures Unless directed by the Province, the Contractor must use materials and procedures: a) in accordance with the Standard Specification for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. Note: If no procedures are specified, the approach and standard of workmanship must be in accordance with normally accepted best practices and approved in writing by the Province. 4.2 Warranty Bridge Joint replacements are warrantied in accordance with the Introduction to the Maintenance Specifications, paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

331 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter BRIDGE BEARING MAINTENANCE 1. OBJECTIVE 2. SCOPE To ensure that Superstructure loads are properly transmitted and distributed to the Substructure and that the Superstructure is free to undergo necessary movements without developing damaging stresses that may limit the functional life of the Bridge. 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 2.2 Not Applicable to this Specification a) Routine Maintenance Services Cap 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) clean, lubricate, re-align, re-grout and repair Bridge Bearings; b) maintain and clean all Bridge Bearings and associated components that are rusty, not aligned, or are covered with Abrasive, dirt or Debris; c) repair all pads that are damaged, crushed, cracked, split, bulging or torn; d) repair Anchor Bolts and Pins that are damaged; e) replace missing Anchor Bolts and Pins; and f) repair concrete pads and Bearing areas that are cracked or Spalled Performance Time Frames The Contractor must: a) start repairs immediately on Bridge Bearings that are considered unsafe or have the potential to become unsafe, as determined by the Province; b) complete re-aligning and repairing Bearings, repairing or replacing Anchor Bolts and re-grouting concrete pads and Bearing areas within 6 months from the time the deficiency was detected by or reported to the Contractor; and c) lubricate Bearings once annually or in accordance with the manufacturer s recommendation. 3.2 Quantified Maintenance Services The Contractor must: a) replace deteriorated Bearings and associated components; and b) use an installation and jacking procedure prepared by a Professional Engineer retained by the Contractor, and approved in writing by the Province. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

332 3.2.1 Performance Time Frames Not applicable to this Maintenance Specification 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use materials: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. The repair and replacement of Bearings must be in accordance with the manufacturer s specifications, the original design specifications or as deigned by the Province. 4.2 Warranty Bridge Bearing replacements are warrantied in accordance with the Introduction to the Maintenance Specifications paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

333 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter BAILEY AND ACROW BRIDGE MAINTENANCE 1. OBJECTIVE To maintain the structural integrity and a sufficient load-carrying capacity for the intended use of Bailey and Acrow Bridges. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap c) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Quantified Maintenance Services b) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) maintain, repair or replace all damaged or deteriorated Bailey and Acrow components; b) check and tighten Sway Braces, Transom Clamps, and Pins; and c) perform welding repairs only with the prior written approval of the Province Performance Time Frames The Contractor must: a) notify the Province immediately of any incidents of damage and report any indications of potential risk of structural failure; the Province may conduct an assessment; b) take immediate action if the Province directs the Contractor to: i) restrict allowable loading of the Bridge; ii) close the Bridge to all vehicular traffic; or iii) close the Bridge to all use; c) from the time the deficiency was detected by or reported to the Contractor, repair or replace any deficient components within 48 hours; d) notwithstanding c), where any component is damaged or deteriorated, but still allows the Bridge to remain structurally sound without a reduction in the load-carrying capacity and to remain safe for Highway Users, as determined by the Province, the components must be repaired or replaced by the Contractor within two months from the time the deficiency was detected by or reported to the Contractor; e) from the time the deficiency was detected by or reported to the Contractor, repair, replace and/or tighten Sway Braces, Transom Clamps, End Posts, Panel Pins or bolts within one day; f) from the time the deficiency was detected by or reported to the Contractor, replace or tighten any damaged, missing or loose bolts or Pins within two hours; and g) tighten Sway Braces, Transom Clamps, and bolts annually. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

334 3.1.2 Routine Maintenance Services Cap If the Contractor estimates that, at any particular time, the cost to repair or replace a Bailey or Acrow Bridge or components exceeds the $50,000 (the Routine Maintenance Services Cap), the Contractor must notify the Province. The provisions of Article A ( Maintenance Services ) Routine Maintenance Services Cap of the Introduction will apply. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must: a) provide Panels of the same steel section and steel grade as the Panels on the existing Bailey or Acrow Bridge. If an existing Bailey/Acrow Bridge contains Panels of differing steel section and/or steel grade, then replacement Panels must be at least equal to the strength of the damaged Panel as indicated on the attached list of Bailey/Acrow Panel Types ; b) ensure Bailey BB1 I section Panels and American BB1 channel section Panels are not used as a replacement component in any assembled structure; c) tighten Sway Braces, Transom Clamps, and Pins in accordance with the manufacturer s specifications. d) unless directed by the Province, use materials and procedures: i) in accordance with the Standard Specifications for Highway Construction; or ii) iii) from the most recent version of the Recognized Products List; or as approved in writing from the Province. Note: If no procedures are specified, the approach and standard of workmanship must be in accordance with normally accepted best practices and approved in writing by the Province. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

335 BAILEY/ACROW PANEL TYPES (i) - Bailey (BB1) with "l" section verticals and diagonals. - Production pre-war to approximately 1979 by two manufacturers. - Earliest panels have smaller 6" x 6" mid-panel Gusset plates vs. more common 9" x9" plates. Post 1970 panels have reinforcements at sway brace slots to improve fatigue resistance. Some panels TSBB1 circa 1970 had built-in Transom Clamps. - Strength: - steel grade 50C yield 51.5 ksi - allowable single-storey shear 33.6 kips (ii) - Bailey (BB1) Wartime AMERICAN Panels - These panels have channel-section verticals and diagonals. Steel members may have "U.S. Steel" rolling stamps or "Carnegie U.S.A." - The chord channels are 4" x 1 3/4", which are different than all other Bailey Panels which have 4" x 2" chord channels. - Strength data is unavailable. They are assumed to be as strong as the "l" section panels. (iii) Bailey MJBB1Super Panel circa 1966 chords 4" x 2" channel diagonals/verticals 3" x 1½" channel - strength: - steel grade 50C yield 51.5 ksi - allowable single-storey shear 45 kips Note: The "super" does not designate high strength steel; it merely designates that it is not a "l" section panel. (iv) (v) (vi) (vii) - - (viii) - - (ix) Bailey MJBB1001 Superlife Panels circa 1970 same as MJBB1 but with improved fatigue details. strength: - steel grade 50C yield 51.5 ksi - allowable single-storey shear 45 kips Bailey TSBB475 - Shear panels 1970 to 1976 Bailey TSBB1 - Low strength circa 1979 Tubular verticals and diagonals; otherwise same as BB1 Strength: - steel grade 50C yield 51.5 ksi - allowable single-storey shear 54 kips Bailey TSBB1 High strength after 1980 or 1982 identical to low-strength model - only way to distinguish is if panels/chords were marked or if a paper trail exists Strength: - steel grade 55C yield 65 ksi - allowable single-storey shear 54 kips Compact Bailey These panels come in standard and high shear strength models. Transoms are located adjacent to verticals. No Rakers are used. Chord reinforcing comes in light and heavy sizes and need not be placed on all Truss lines. Strength: - steel grade 55C yield 65 ksi - allowable single-storey shear 50 kips standard Acrow Series 100 or 300 These panels are unique. Transoms are located 2 per bay inside the diamonds. Rakers are used. Panel height is traditional 5 feet. Strength: - steel grade 55C yield 65 ksi - allowable single-storey shear 56 kips Acrow Series 700 similar to series 100 except panel height is 7.5 feet Chord reinforcing comes in light and heavy sizes and need not be placed on all Truss lines. (x) Universal Bridging Similar to Compact Bailey except panel height is 8 feet. Legend: BB Bailey Bridge, TS Thomas Storey Ltd., MJ Mabey & Johnson Ltd. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 3

336 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter MINOR PAINTING OF BRIDGE STRUCTURES 1. OBJECTIVE To prevent corrosion and rot in components of Structures and to maintain a neat and tidy appearance. 2. SCOPE 2.1 Applicable to this Specification: a) Quantified Maintenance Services b) Materials and procedures requirements c) Warranty requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap 3. PERFORMANCE SPECIFICATIONS 3.1 Quantified Maintenance Services The Contractor must: a) maintain previously coated surfaces or apply new coated surfaces by undertaking minor painting of Structures and associated components; b) prepare and coat all surfaces of Structures and steel rail systems where the coating system is deteriorated, broken or damaged and/or the steel is corroding and rust is apparent; and c) prepare and coat surfaces of timber rail systems, where the coating system is deteriorated, broken or damaged. Note: treated wood components do not require painting Performance Time Frames Not applicable to this Maintenance Specification. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures Unless directed by the Province, the Contractor must use materials and procedures: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) in accordance with the same type and quality on the existing structure; or e) as approved in writing by the Province. Note: If no procedures are specified, the approach and standard of workmanship must be in accordance with normally accepted best practice and approved in writing by the Province. 4.2 Warranty Minor painting of Structures is warrantied in accordance with the Introduction to the Maintenance Specifications, paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

337 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter CONCRETE STRUCTURE MAINTENANCE 1. OBJECTIVE To maximize the functional life of concrete Structures. 2. SCOPE 2.1 Applicable to this Specification: a) Quantified Maintenance Services b) Materials and procedures requirements c) Warranty requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap 3. PERFORMANCE SPECIFICATIONS 3.1 Quantified Maintenance Services The Contractor must: a) perform all concrete repairs on concrete Structures in a manner that ensures a sound, durable, and well-bonded patch to the prepared surface; b) remove all deteriorated concrete at the repair site; c) finish concrete surfaces to match the adjacent finished concrete surface profiles; d) not allow tolerances or deviations of concrete to exceed the following limits, and only if they do not prevent the required fit of structural members: i) patches on other surfaces (excluding decks) 5 mm ii) cross-sectional dimensions 25 mm iii) cover to Reinforcing Steel minimum 50 mm iv) separation from other reinforcing minimum 25 mm e) seal non-structural cracks; f) repair structural cracks by pressure injection of an epoxy material; and g) remove excess epoxy to match existing surface profile. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

338 3.1.1 Performance Time Frames The Contractor must: a) notify the Province immediately, from the time the deterioration or damage to the concrete Structure was detected by or reported to the Contractor; b) take immediate action if the Province directs the Contractor to: i) restrict allowable loading on the structure; ii) close the structure to all vehicular traffic; iii) close the structure to all use; iv) start repairs immediately as instructed by the Bridge Structural Engineer; and c) complete repairs within three months, or within a time frame that is appropriate to the nature and urgency of the repair as determined by the Province; d) complete all other concrete repairs within 6 months, from the time the deficiency was detected by or reported to the Contractor; e) perform epoxy injection within 6 months, from the time the deficiency was detected by or reported to the Contractor. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures Unless directed by the Province, the Contractor must use materials and procedures: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) in accordance with the same type and quality on the existing Structure; or e) as approved in writing by the Province. If no procedures are specified, the approach and standard of workmanship must be in accordance with normally accepted best practice and approved in writing by the Province. The Contractor must: f) meet the following concrete mixes and patching material specifications: minimum compressive strength at 28 days maximum nominal size aggregate mm maximum water/cement ratio by weight air content % Parapet 35 MPa (+/-1) 50 slump maximum mm Abutments, Piers and Footings 30 MPa (+/-1) Warranty g) achieve minimum 28 day compressive strength of 35 MPa for Cementitious, non- shrink, non-metallic Grout which may be polymer-modified; and h). perform pressure injection of epoxy material in accordance with the manufacturer s specifications. Concrete structure repairs are warrantied in accordance with the Introduction to the Maintenance Specifications paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

339 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter STEEL AND ALUMINUM STRUCTURE MAINTENANCE 1. OBJECTIVE To maximize the functional life of steel and aluminum Structures. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap c) Materials and procedures requirements d) Warranty requirements 2.2 Not Applicable to this Specification: a) Quantified Maintenance Services 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) repair and/or replace lost, missing, deteriorated, or corroded rivets, bolts and associated components, including but not limited to, catwalks, ladders, working platforms and fall arrest systems; and b) replace deteriorated steel or aluminum members Performance Time Frames The Contactor must: a) notify the Province immediately, from the time the deterioration or damage to the steel and aluminum structure was detected by or reported to the Contractor; b) take immediate action when the Province directs the Contractor to: i) restrict allowable loading on the structure; ii) close the structure to all vehicular traffic; iii) close the structure to all use; iv) start repairs immediately as instructed by the Bridge Structural Engineer; c) complete repairs within three months, or within a time frame that is appropriate to the nature and urgency of the repair as determined by the Province; and d) complete all other maintenance within four months, from the time the deficiency was detected by or reported to the Contractor Routine Maintenance Services Cap If the Contractor estimates that, at any particular time, the cost to repair and/or replace steel and aluminum structures/components, exceeds $50,000 (the Routine Maintenance Services Cap), the provisions of Article A ( Maintenance Services ), in the Introduction will apply. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

340 4.0 MATERIAL, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use materials: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) in accordance with the same type and quality on the existing structure; or d) as approved in writing by the Province. 4.2 Warranty Steel and aluminum structure maintenance is warrantied in accordance with the Introduction to the Maintenance Specifications, paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

341 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter BRIDGE PILING MAINTENANCE 1. OBJECTIVE To ensure the structural strength, prevent Scour and to maintain the impact resistance of Bridge Pilings. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) maintain and repair damaged Bridge Pilings, and associated components; b) splice Piles only if the base of the Pile is sound; c) tighten loose cables and fasteners; d) replace broken or missing cables and fasteners; e) repair or replace damaged or missing Flashing and Armour; and install Flashing and Armour where previously none was in place; and f) remove accumulated Debris as soon as access permits and dispose of Debris in a manner acceptable to regulatory agencies Performance Time Frames The Contractor must: a) notify the Province immediately from the time a deficiency is detected by or reported to the Contractor that may affect the structure and/or safety of the Highway Users; the Province will assess the deficiency and risk of structural failure; b) take immediate action if requested by the Province to: i) restrict allowable loading on the Bridge; ii) close the Bridge to all vehicular traffic; or iii) close the Bridge to all use; c) commence repairs within 2 days for work that the Province determines there is risk of structural failure under loading, except where the damage will require complete re-construction as determined by the Province, unless mutually agreed by the Contractor and the Province; and d) complete maintenance and repair to Pilings and associated components within 6 months from the time the deficiency was detected by or reported to the Contractor. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

342 3.2 Quantified Maintenance Services The Contractor must replace Pilings and associated components where maintenance and repair will not restore the original design function as determined by the Province. Note: The Contractor is not responsible for replacing concrete Bridge Piles under this Maintenance Specification Performance Time Frames The Contractor must: a) commence emergency replacement of Bridge Piles and associated components within 2 days, from the time directed to do so by the Province, where the safety of Highway Users and structural integrity is compromised, except where the damage requires complete re-construction of the Pile Bent or Bridge structure, as determined by the Province; and b) complete non-emergency replacement of Piles and associated components within 6 months, from the time the deficiency was detected by or reported to the Contractor; 4. MATERIALS PROCEDURES AND WARRANTY 4.1 Materials and Procedures 4.2 Warranty Unless directed by the Province, the Contractor must use materials and procedures: a) in accordance with the Standard Specification for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. The Contractor must use Pile types and installation procedures, prepared by an Engineer retained by the Contractor, and approved in writing by the Province. Note: If no procedures are specified, the approach and standard of workmanship must be in accordance with normally accepted best practice and approved in writing by the Province. Pile replacements are warrantied in accordance with the Introduction to the Maintenance Specifications, paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

343 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter RETAINING STRUCTURE MAINTENANCE 1. OBJECTIVE To ensure the continued safe and stable condition of all Retaining Structures and associated components. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials requirements d) Warranty requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) repair or reinforce any portion of a Retaining Structure showing signs of deterioration, deflection or settlement; b) repair Retaining Structures showing signs of continued movements, as approved in writing by the Province; and c) clean out accumulations of Debris behind Retaining Structures when the Debris prevents the Retaining Structure from functioning as designed, and dispose of Debris in a manner acceptable to regulatory agencies Performance Time Frames The Contractor must: a) commence maintenance repairs within 24 hours from receiving written approval by the Province to proceed; b) maintain and repair Retaining Structure deficiencies, from the time the deficiency was detected by or reported to the Contractor, as follows: 1 & , 6 & 7 Maximum Response Time 1 m 2 m 4 m 6 m Legend: m months c) clean out accumulations of Debris behind Retaining Structures requiring cleaning annually, or as required to ensure the Retaining Structure functions as designed. 3.2 Quantified Maintenance Services The Contractor must replace components of Retaining Structures where maintenance and repair will not restore their original function; Performance Time Frames The Contractor must complete the replacement of Retaining Structure components within six months, from the time the deficiency was detected by or reported to the Contractor. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

344 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures a) The Contractor must use materials and procedures: i) in accordance with the Standard Specifications for Highway Construction; or ii) from the most recent version of the Recognized Products List; or iii) in accordance with the manufacturer s specifications; or iv) as approved or directed in writing by the Province; and b) the Contractor will supply and use timber material that is incised and preservative-treated Douglas Fir, Number 2, minimum size (150 mm x 200 mm), or the same size as existing. Note: If no procedures are specified, the approach and standard of workmanship must be in accordance with normally accepted best practice and approved in writing by the Province. 4.2 Warranty Retaining Structure maintenance is warrantied in accordance with the Introduction to the Maintenance Specifications, paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

345 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter MULTIPLATE STRUCTURE MAINTENANCE 1. OBJECTIVE To maximize the functional life of Multiplate Structures. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap c) Materials and procedures requirements 2.2 Not applicable to this Specification: a) Quantified Maintenance Services b) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) tighten or replace loose, damaged or missing bolts; b) protect the Multiplate Structure from Scour and erosion to the inlet, outlet and foundation; and c) protect the floor area Performance Time Frames The Contractor must: a) tighten or replace loose, damaged or missing bolts within 10 days, from the time the deficiency was detected by or reported to the Contractor, or as soon as conditions allow; and b) protect the Multiplate structure from Scour and erosion to the inlet, outlet and foundation, within 6 months from the time the deficiency was detected by or reported to the Contractor Routine Maintenance Services Cap If the Contractor estimates that, at any particular time, the cost to repair a Multiplate Structure exceeds the $50,000 (the Routine Maintenance Services Cap), the Contractor must notify the Province. The provisions of Article A ( Maintenance Services ) Routine Maintenance Services Cap, in the Introduction will apply. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

346 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures Unless directed by the Bridge Structural Engineer, the Contractor must use materials and procedures: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. Note: If no procedures are specified, the approach and standard of workmanship must be in accordance with the normally accepted best practice and approved in writing by the Province. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

347 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter BRIDGE RAILING MAINTENANCE 1. OBJECTIVE To maintain a structurally sound and safe barrier between pedestrians, vehicles and hazards and to maximize the functional life of the Bridge railing. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap c) Materials and procedures requirements d) Warranty requirements 2.2 Not Applicable to this Specification: a) Quantified Maintenance Services 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) install a temporary barrier or railing where required, to ensure the safety of Highway Users; and b) complete permanent repair and/or replacement of Bridge railings Performance Time Frames The Contractor must: a) immediately notify the Province of any deficiency of any Bridge railing which is unsafe or has the potential to become unsafe for Highway Users; and b) complete installation of temporary railing, as required, within 24 hours, from the time the deficiency was detected by or reported to the Contractor; and c) complete maintenance, repairs and/or replacement within 2 months from the time the deficiency was detected by or reported to the Contractor; Routine Maintenance Services Cap If the Contractor estimates that, at any particular time, the cost to repair or replace a Bridge railing exceeds the $50,000 (the Routine Maintenance Services Cap), the Contractor must notify the Province. The provisions of Article A ( Maintenance Services ) Routine Maintenance Services Cap of the Introduction will apply. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

348 4. MATERIALS, PROCEDURES AND WARRANTY 4.2 Warranty 4.1 Materials and Procedures The Contractor must use materials: a) in accordance with the Standard Specification for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province; and Timber must be Number 1 Douglas Fir species, with all fasteners hot-dip Galvanized. The size must be the same as existing unless otherwise approved by the Province. Bridge railing maintenance is warrantied in accordance with the Introduction to the Maintenance Specifications, paragraph D. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

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350 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification HIGHWAY INCIDENT RESPONSE 1. OBJECTIVE To protect Highway Users from conditions resulting from traffic incidents and/or dangerous goods incidents ( incidents ) considered unsafe or potentially unsafe; and to restore the Highway to safe operating conditions. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Material and procedures requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) respond to traffic incidents on Highways by: i) containing environmentally sensitive products (e.g., minor gas or oil spills) on Highways in conjunction with and cooperation with regulatory agencies, police authorities and the Province; ii) iii) iv) removing vehicles from the Travelled Lanes and Shoulders, as necessary (where this service is not provided by others); removing Debris from the Travelled Lanes and Shoulders; removing cargo and debris from the Travelled Lanes and Shoulders or displacing it until it can be removed safely (where this service is not provided by others); b) respond to dangerous goods incidents by: i) following the Canutec Emergency Response Guidebook (ERG); ii) contacting the appropriate regulatory agencies, police authorities and the Province and working with all parties to identify the material and to respond to the incident as appropriate and in accordance with all applicable laws and regulations. Note: Removing cargo and debris that is not removed by others (after it has been displaced from the Travelled Lanes and Shoulders) is not considered Routine Maintenance Services. If the Contractor discovers that others are not removing cargo and debris, the Contractor must immediately notify the Province and must provide an initial estimate, in writing, of the cost of removing the cargo and debris. If requested by the Province, the Contractor must perform the services under Additional Maintenance Services Performance Time Frames The Contractor must respond immediately, from the time the incident was detected by or reported to the Contractor, to all incidents. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

351 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use materials and procedures: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved by the Province. 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

352 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter MAJOR EVENT RESPONSE 1. OBJECTIVE To safeguard Highway Users; to restore traffic flow; to prevent further damage to the Infrastructure; and to repair damage caused by Major Events. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Routine Maintenance Services Cap c) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Quantified Maintenance Services b) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) monitor areas and/or Infrastructure suspected of being or are known to be unstable and/or at risk, or as directed by the Province; b) assess the situation; c) notify the Province, in accordance with the Provincial Incident Response and Travel Advisory Messaging Protocol; d) mobilize the required equipment and resources to the site; e) take all actions required to re-establish at least one lane of traffic initially; and then to re-establish all lanes of traffic; f) restore the Infrastructure to a condition acceptable to the Province; g) submit Major Event Notification Reports and Major Events Tracking Reports. Note: The Province will make an assessment of the damage and may prescribe the required repair. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

353 3.1.1 Performance Time Frames Before, during, and after a Major Event, the Contractor must respond immediately by monitoring areas and/or Infrastructure suspected of being or are known to be unstable and/or at risk and/or as directed by the Province. When a Major Event occurs, the Contractor must respond immediately by: a) assessing the situation; b) mobilizing the required equipment and resources to the site; c) take all actions required to re-establish at least one lane of traffic immediately; and re-establish all lanes of traffic as soon as possible; and d) restoring the Infrastructure as soon as possible. In certain situations, the Contractor may be required to work 24/7. The Contractor must make every effort to re-establish traffic flow and/or to restore the Infrastructure as soon as possible. The Contractor must also: e) submit a Major Event Notification Report the Province within 24 hours of the start of the Major Event; f) submit Major Events Tracking Reports monthly or as requested by the Province no later than the 10th Working Day of each month, for the prior month. If multiple Major Events occur priority will be determined in consultation with the Province in consideration of stakeholder needs Routine Maintenance Services Cap In each Contract Year, the Contractor s Routine Maintenance Services Cap is $15,000 for up to 4 Major Event Sites and $5,000 for every subsequent Major Event Site. In other words, in each Contract Year, the Province will pay the Contractor s documented costs in excess of the first $15,000 per Major Event Site for up to 4 Major Event Sites and the Ministry will pay the Contractor s documented costs in excess of the first $5,000 per Major Event Site, thereafter. In addition, in each Contract year, the Contractor s total financial risk for all Major Events will not exceed 2% of the Annual Price. The following occurrences will be credited towards the 2% cap: a) all occurrences greater than $10,000 before the 4 occurrences of $15,000; b) the 4 occurrences of $15,000 c) all occurrences up to $5,000 after the 4 occurrences of $15,000. If the Contractor estimates that the cost to restore the Infrastructure exceeds the Routine Maintenance Services Cap, the Contractor must immediately notify the Province and the provisions of Article A ( Maintenance Services ) Routine Maintenance Services Cap of the Introduction will apply. The cost of clean-up and Traffic Management will be included in the cost to restore the Infrastructure. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use: a) materials and procedures in accordance with the Standard Specifications for Highway Construction; or b) use materials and procedures as approved in writing by the Province. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

354 4.2 Warranty Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 3

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356 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter HIGHWAY INSPECTION 1. OBJECTIVE 2. SCOPE To develop a comprehensive knowledge of Highway conditions to support a work identification and planning program. 2.1 Applicable to this Specification: a) Routine Maintenance Services 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) inspect annually all Highways and document results to support a work identification program and setting of annual work priorities; b) conduct additional inspections in response to any condition reported by the public, regulatory agencies, police authorities and the Province, that is considered unsafe or has the potential to become unsafe; and c) report to the Province any hazardous or observable condition beyond the Right-of-way that is not covered by the Maintenance Agreement or this Maintenance Specification Performance Time Frames The Contractor must: a) inspect annually all Highways and components within the Service Area covered by the Maintenance Agreement and/or the Maintenance Specifications and document findings in a work identification planning and priorities program; b) inspect immediately any condition reported by the public, regulatory agencies, police authorities and the Province that is considered unsafe or has the potential to become unsafe; and c) immediately report to the Province any hazardous or observable condition beyond the Right-of way that is not covered by the Maintenance Agreement or the Maintenance Specifications. 4. MATERIALS, PROCEDURES AND WARRANTY Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

357 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter HIGHWAY PATROL 1. OBJECTIVE To monitor the condition of the Infrastructure and to identify and attend to existing or changing conditions that are unsafe, or have the potential to be unsafe. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) patrol all Highways; b) establish additional patrols during periods of heavy rainfall, high water flow or rapid melting to ensure watercourses are contained and shore and banks are not being Scoured or eroded; c) make sure patrol vehicles are prepared to deal with conditions as they are detected, by carrying and being capable of applying Abrasive or Chemicals and being capable of removing Debris on the Highway. d) The Contractor may patrol using vehicles not equipped with Abrasive or Chemicals if Highway surface conditions are bare and are expected to remain so. Under no circumstances, will the contractor use vehicles not equipped to apply Chemicals or Abrasive when a Weather Event is occurring, anticipated or forecasted, or when freeze-thaw situations are present, anticipated or forecasted. e) conduct patrols during periods of potential snow avalanche activity f) establish additional patrols when Debris over 1000 cc (the size of a one litre milk carton) within a 1km section of the Travelled Lanes, Shoulders, and sidewalks is detected or reported to the Contractor; g) take appropriate action during patrols to protect Highway Users from potentially unsafe situations; and h) report to the Province upon detection or notification, any conditions which effect the Highway in performing its designed function but which are not specifically identified in these Maintenance Specifications. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

358 3.1.1 Performance Time Frames The Contractor must: a) complete patrols of Highways as follows: i) Highway Classification 1 & & 7 1. at all times 24 h 2 d 7 d 14 d 21 d 2. during periods of heavy rainfall, high water flow or rapid melting* 2 h 4 h 8 h 16 h 32 h Legend: h hours, d days *give appropriate attention to areas known to be impacted first by high water flow ii) Highway Classification A B C D E 1. at all times 24 h 2 d 7 d 14 d 21 d 2. prior to a forecasted Weather Event* 4 h 8 h 16 h 24 h 36 h 3. during a Weather Event 90 min 3 h 8 h 12 h n/a Legend: h hours, d days *give appropriate attention to areas known to be impacted first by Weather Events b) during periods of potential snow avalanche activity, conduct patrols in accordance with Operational Procedures as established in the Ministry s Snow Avalanche Safety Measures for Highways Manual and/or as directed by the Ministry Snow Avalanche Technician; c) establish additional patrols when Debris over 1000 cc (the size of a one litre milk carton) within a 1km section of the Travelled Lanes, Shoulders, and sidewalks is detected or reported to the Contractor more than once in a 24 hour period and discontinue the additional patrols when the frequency of Debris over 1000 cc within a 1km section of the Travelled Lanes, Shoulders, and sidewalks is less than 2 in a 24 hour period; d) take immediate and appropriate action during patrols to protect Highway Users from potentially unsafe situations; and e) report to the Province immediately, upon detection or notification, any conditions which effect the Highway in performing its designed function but which are not specifically identified in these Maintenance Specifications. 4. MATERIALS, PROCEDURES AND WARRANTY Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

359 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Maintenance Specification Chapter STRUCTURE INSPECTION 1. OBJECTIVE 2. SCOPE To develop a comprehensive knowledge of the condition of Structures to support a work identification and planning program. 2.1 Applicable to this Specification: a) Routine Maintenance Services 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) inspect all Structures and associated components and document the results to support a work identification program and the setting of annual work priorities; b) conduct additional inspections of Structures which have been effected by, but not limited to: impact from vehicles or their loads, vessels or their loads, flooding, Debris, water, high winds, vandalism, fire and/or excessive heat, earthquakes, excessive loading vibration and excessive settlement or movement of Structure Foundations; c) ensure backup power units, compressors, and other related equipment are operational; d) report to the Province any observable hazardous or deficient conditions that are not covered by the Maintenance Agreement or these Maintenance Specifications; e) monitor deficiencies and movement of Structures including their components and notify the Province of any potentially hazardous or unsafe condition; and f) give special attention during inspections to Bridges with sub-standard load carrying capacity to ensure that existing capacities are maintained or improved and ensure load restrictions are signed on all Bridges with load restrictions. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

360 3.1.1 Performance Time Frames The Contractor must: a) inspect Bridges, other Structures and associated components as follows: Highway Classification Structure Type 1 & & 5 6 & 7 (i) Bailey and Acrow Bridges 14 d 21 d 2 m 3 m (ii) timber Truss Bridges 21 d 1 m 1 m 1 m (iii) log Stringer Bridges n/a 3 m 6 m 1 y (iv) other timber Bridges 2 m 3 m 6 m 1 y (v) concrete and steel Bridges and other Structures 4 m 6 m 1 y 1 y (vi) Retaining Structures 4m 6m 1y 1y (vii) Multiplate structures 6 m 1 y 1 y 1 y (viii) Sign Bridges 1 y 1 y 1 y 1 y Legend: d days, m months, y - years b) notwithstanding a), immediately inspect, from the time the deficiency was detected by or reported to the Contractor, a Bridge or Structure with a safety or structural deficiency; and continue inspections at a frequency determined by the Province; c) initiate, upon Commencement Date, an inspection of all Bridges, Structures and associated components to be completed within 3 months and attended by representatives of the Province and the Contractor, on a schedule acceptable to the Province; and d) operate backup power units, compressors, and other related equipment for a minimum of one hour each month, on a schedule acceptable to the Province. 4. MATERIALS, PROCEDURES AND WARRANTY Not applicable to this Specification. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

361 B.C. MINISTRY OF TRANSPORTATION & INFRASTRUCTURE Maintenance Specification Chapter PUBLIC & STAKEHOLDER COMMUNICATIONS 1. OBJECTIVE To communicate effectively and in a timely manner with the general public and stakeholders. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services The Contractor must: a) report Highway condition information in Drive BC in accordance with the Drive BC Web Input Utility User Manual; and ensure condition information remains current; b) communicate any conditions leading to Highway closures, lane closures, Traffic Delays and/or adverse weather that could lead to unsafe Highway conditions, in accordance with the Provincial Incident Response and Travel Advisory Messaging Protocol; c) update and maintain current messages on the low frequency broadcast stations; d) receive and respond to complaints, comments and requests for service from the general public and stakeholders across various communications platforms (including , phone and social media) and/or in person; and document the result of those communications; e) proactively communicate with the general public and stakeholders across various communications platforms regarding planned Services, traffic disruptions, upcoming Weather Events; different strategies may be required for rural versus urban areas; f) solicit input regarding the delivery of Maintenance Services and consult with the general public and stakeholders when Services are or may be disruptive/contentious; this includes communicating in advance, during and after the Maintenance Services are delivered; g) engage in educational campaigns (e.g., winter preparedness, Shift Into, Cone Zone, etc.) independently and/or in conjunction with the Province; h) provide a toll-free telephone service to respond to: i) complaints, comments or concerns; ii) reports of potential or existing Highway hazards; and iii) reports of and requests for provincial Highway conditions; i) provide contact lists to all emergency responders and the Province; and ensure those remain current; and j) recommend changes to the Province regarding messages displayed on the electronically controlled dynamic message Signs in accordance with the Provincial Incident Response and Travel Advisory Messaging Protocol. SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 1

362 3.1.1 Performance Time Frames The Contractor must: a) update Drive B.C.: i) at 5:00 a.m., 7:00 a.m. and 4:00 p.m. daily from October 1 to April 30; ii) at 7:00 a.m. and 4:00 p.m. daily from May 1 to September 30; iii) immediately when weather conditions affecting visibility deteriorate or improve; and iv) immediately when driving conditions deteriorate or improve; b) immediately report to the Province any conditions leading to Highway closures, lane closures, traffic delays and/or adverse weather; c) update and maintain current messages on the low frequency broadcast stations as required; d) acknowledge complaints/questions from the general public or stakeholders, as required: e) proactively communicate with the general public and stakeholders, as required; this includes communicating in advance, during and after the Service, traffic disruption or Weather Event; f) solicit input and work with stakeholders, as required; g) engage in educational campaigns each season, as required; h) provide a toll-free telephone service attended by sufficient personnel 24 hours per day, 7 days a week; i) provide contact lists to all emergency responders and the Province no later than the Commencement Date and provide updates immediately when changes occur; and. j) recommend changes to the dynamic message Signs, as required; 4. MATERIALS, PROCEDURES AND WARRANTY Not applicable to this Specification SA11 Highway Maintenance Agreement Maintenance Specifications Chapter Page 2

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364 SCHEDULE 17 LOCAL AREA SPECIFICATIONS Schedule 17 Local Area Specifications R5.5 SA11

365 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Local Area Specification #1 SA 11 HORIZONTAL DRAIN MAINTENANCE 1. OBJECTIVE To maintain continued effectiveness of the drainage system for slide stabilization and frost heave drainage. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Warranty requirements There are 8 horizontal drain sites with a minimum of 1 drain per site and one with 21 drains. Refer to Appendix A for details and exact locations. 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services and Performance Time Frames The Contractor must: a) inspect all sites and drains annually; b) notify the Province immediately of failures or safety concerns; c) flush the drain casings of sediment and clean the slots and perforations to remove obstructions and caking annually; d) collect and record data on flow rates, drain conditions and length of insertion by the cleaning tools immediately before and immediately after each annual flushing/cleaning; e) remove Debris restricting access to horizontal drain sites within 14 days from the time the deficiency was detected by or reported to the Contractor; 3.2 Quantified Maintenance Services and Performance Time Frames The Contractor must: a) clear vegetation around drain outlets and collector system cleanouts ensuring vegetation does not exceed 20 cm or density to impede drainage; b) repair and/or reconstruct collector systems and drains as required within 30 days from the time the deficiency was detected by or notified to the Contractor. SA11 Highway Maintenance Agreement Local Area Specifications LAS #1 - Page 1

366 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use materials: a) in accordance with the Standard Specifications for Highway Construction; or b) from the most recent version of the Recognized Products List; or c) as approved in writing by the Province. 4.2 Warranty Not applicable to this Local Area Specification. SA11 Highway Maintenance Agreement Local Area Specifications LAS #1 - Page 2

367 Local Area Specification # 1 Appendix A List of Horizontal Drains Sites Highway # LKI Segment LKI Distance LKI Offset Meters from centre line RFI Landmark RFI Offset (km) Location Comments Hwy 95A m Sand Hill Rte 95A Portious Rd Frost heave drain north of Portious Road Rte 3/ Steamboat Hill Rte 3/ / Moyie Bluffs 1 Drain 2-300mm Dia x 540 meters, c/w 6 manholes and 2 clean outs Rte Fernie Slide 21 drains, 1 km west of ski hill turn off Rte Sparwood Scale 1 Drain at Sparwood Scale Road #26 N/A N/A N/A N/A N/A Corbin Rd 6 Drains approx. 1 km from Hwy # 3 Hwy 93/ to Lined ditch - 4.3m; Embankment drains +2.5m 6251 Columbia Rd N to Coys Hill Slump Coys Hill Slump: 2 x 150mm CSP embankment drains 2.5m deep with outfalls; Twin 150mm PVC perforated pipe x 80m long and geomembrane lined ditch SA11 Highway Maintenance Agreement Local Area Specifications LAS #1 - Page 3

368 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Local Area Specification #2 SA 11 Salt Shed Maintenance and Salt Management 1. OBJECTIVE To ensure the safe delivery and containment of salt, and conduct annual inspections and minor maintenance of salt sheds. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Materials requirements d) Warranty requirements 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services and Performance Time Frames The Contractor must, in addition to the salt management plan contained in the Contractor s Quality Management Plan: a) off load all salt deliveries on the asphalt surface in or in front of the salt shed and push them up with a loader; b) park and load all trucks being loaded with Abrasive or salt on the asphalt surface if provided; c) in facilities that have paved storage pads, store all Abrasive containing salt on the asphalt surface and stock pile it in a fashion as not to spill over the lock block containment walls; d) in facilities that have paved storage pads, not allow Abrasive produced within the pit that has salt added to it or salt to be in direct contact with the pit floor; a containment system for the treated sand is required for the discharged material; e) carry salt transported off the asphalt containment pad in a fashion as to prevent spillage on to the pit floor; f) have a spill proof apron for salt hoppers used in the production of Abrasives such as a tarp or plywood to prevent salt from reaching the pit floor and/or to facilitate the retrieval of salt that does reach the pit floor; g) when applicable monitor water in the containment pond and prevent it from over flowing the containment, note that water from the containment pond can be used for sweeping, grading and compaction; h) when applicable not allow anyone inside the fenced pond; i) make sure salt and salt contaminated mud, slush and sand does not leave the containment asphalt or come in contact with the pit floor; j) not allow slush and salt contaminated sand/mud to be tracked or flow off the asphalt surface, undertake plowing, scraping or otherwise directing this contaminated material to the containment pond when one is present as and when required; k) inspect the asphalt surface annually and report any defects (cracks, chipped edges, Pot holes or base failure) to the Province; l) when applicable immediately report to the Province, any damage caused by the contractor operations or by other means to the fencing, pond liner, berm or pond; repair these at the contractor s expense to the satisfaction of the Ministry; m) remove any salt or salt contaminated material found on the pit floor immediately to a depth of 400mm deep and dispose of it, report any spill to the Ministry upon happening; SA11 Highway Maintenance Agreement Local Area Specifications LAS #2 - Page 1

369 n) at least annually inspect the fabric roof, side walls, back wall and vents of any fabric salt shed structures for minor tears; o) at least annually inspect the structural components of any fabric salt shed structures: trusses, purlins, cross bracing wire, base plates and fabric lashing winches/tension brackets to assess their condition; p) at least annually inspect the lock blocks of any fabric salt shed structures for settling or misaligned blocks; q) at least annually inspect the paved surface of any salt shed structures for settling, wash out or ponding; r) At least annually inspect the evapotranspiration liner surface for compact or water ponding; loosen, replace if required and re-grade evapotranspiration surface area annually to prevent drainage run off and to ensure optimum absorption into the evapotranspiration bowl; s) Continually monitor evapotranspiration water/brine levels and pump out as required to prevent saturation. 4. MATERIALS, PROCEDURES AND WARRANTY Not applicable to this Local Area Specification. SA11 Highway Maintenance Agreement Local Area Specifications LAS #2 - Page 2

370 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Local Area Specification #3 WATER SYSTEM MAINTENANCE 1. OBJECTIVE To ensure a safe drinking water supply at Rest Areas. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Materials and procedures requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap b) Quantified Maintenance Services c) Warranty requirements This service is required at two Rest Areas: Coy s and Rampart. 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services and Performance Time Frames The Contractor must: a) collect water samples in accordance with the Health Authority sampling instructions weekly from May 1st through October 31st and monthly from November 1st to April 30th; b) deliver samples to the Interior Health Unit in Cranbrook, BC immediately upon taking the samples; c) perform shocking and flushing of the water systems in accordance with the Health Authority procedures outlined in Appendix A at least once annually, in the spring; d) if unacceptable levels or coliforms or E.coli are detected, i) post advisory Signs, warning the public that the water is not safe to drink immediately; ii) identify and eliminate the source of contamination immediately; iii) perform shocking and flushing of the water system in accordance with the Health Authority procedures outlined in Appendix A immediately; e) report issues regarding water quality immediately to the Environmental Health Officer and to the Ministry. 4. MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures The Contractor must use only the sterile bottles, and other materials, as specified by the Health Authority. 4.2 Warranty Not applicable to this Local Area Specification. SA11 Highway Maintenance Agreement Local Area Specifications LAS #3 - Page 1

371 For routine annual well shocking and flushing, follow steps 1 through 4. APPENDIX A SHOCKING AND FLUSHING PROCEDURES If test results show an unacceptable level of coliforms or E.coli, follow steps 1 through 7. Materials: Shocking may be done using unscented household bleach. Table 1 outlines the quantity of bleach required to properly shock/disinfect new and existing wells. Table 1: Shocking of Well Water with Unscented Household Bleach (Approximately 5.2% Hypochlorite) Depth of water in well Volume of bleach added Casing diameter 15 cm (drilled) Casing diameter 90 cm (dug) New well* Existing well* New well* Existing well* 1.0 m 100 ml 20 ml 3.2 L 0.6 L 3.0 m 300 ml 60 ml 9.8 L 2.0 L 5.0 m 500 ml 100 ml 16.5 L 3.0 L 10.0 m 1000 ml 200 ml 32.0 L 6.5 L New wells require a chlorine concentration of 250 parts per million (ppm) for effective disinfection, whereas existing wells require 50 ppm chlorine. Both Rampart and Coy s Rest Areas are estimated to have 5 to 10 meters of water in the well. The Contractor must verify depths prior to treatment. Steps: 1. Shut water system down to public use. Add the amount of unscented bleach determined in Table 1 to the bottom of the well and then agitate the water. Wash down the inside wall of the well with fresh clean water. This will ensure thorough mixing of the chlorine and the water throughout the well. 2. Bleed air from the pressure tank (if non bladder style tank) and start the pump. Open each tap and allow the water to run through all taps until a smell of chlorine is detected, then turn off the taps. If a strong smell is not detected, add more bleach to the well. 3. Allow the water to sit in the system for hours. 4. Start the pump and run water through the outside hose bib or inside bib until the strong smell of chlorine disappears. Keep hose away from grass, shrubbery and septic fields; ensure no water enters any watercourses. Open the indoor taps until the system is completely flushed. Pressurize the water tank (if non bladder style tank). If shocking and flushing procedure is as a result of unacceptable level of coliforms or E. coli, the Contractor must continue with steps 5 through Wait 48 hours after flushing then sample the water using the instructions and bottle provided by the laboratory. Repeat water testing in one week. 6. After two consecutive safe tests, remove boil water advisory Signs and resume regular water sampling schedule. 7. If the above steps do not result in acceptable testing results, notify the Ministry immediately. SA11 Highway Maintenance Agreement Local Area Specifications LAS #3 - Page 2

372 B.C. MINISTRY OF TRANSPORTATION& INFRASTRUCTURE Local Area Specification #4 VEHICLE INSPECTION STATION MAINTENANCE 1. OBJECTIVE To facilitate the safe and efficient operation of Vehicle Inspection Stations. 2. SCOPE 2.1 Applicable to this Specification: a) Routine Maintenance Services b) Quantified Maintenance Services c) Materials and procedures requirements d) Warranty requirements 2.2 Not Applicable to this Specification: a) Routine Maintenance Services Cap There are 2 Vehicle Inspection Stations in the Service Area: Sparwood and Yahk. Maps of their locations can be found in Appendix A. The Maintenance Contractor is NOT responsible for the buildings or for the management and maintenance of the water and septic systems. 3. PERFORMANCE SPECIFICATIONS 3.1 Routine Maintenance Services and Performance Time Frames The Contractor must: a) perform all Routine Maintenance Services that are described in the Maintenance Specifications within the Vehicle Inspection Station area at the same Performance Time Frames as the adjacent Highway Class; 3.2 Quantified Maintenance Services The Contractor must: a) perform all Quantified Maintenance Services that are described in the Maintenance Specifications within the Vehicle Inspection Station area at the same Performance Time Frames as the adjacent Highway Class; 4 MATERIALS, PROCEDURES AND WARRANTY 4.1 Materials and Procedures Follow the requirements in the applicable section 4.1 for the individual Maintenance Specifications. 4.2 Warranty Follow the requirements in the applicable section 4.2 for the individual Maintenance Specifications. SA11 Highway Maintenance Agreement Local Area Specifications LAS #4 - Page 1

373 Appendix A Inspection Station Locations Sparwood Inspection Station: red = property boundary red pin = scale building Brown line = road Information Lane kilometres = km Area for clearing = 6930m 2 (110 mx63 m) SA11 Highway Maintenance Agreement Local Area Specifications LAS #4 - Page 2

374 Yahk Inspection Station: green = property boundary dashed blue = area for clearing purple square = scale building pink oval = area for snow storage dot-dash line = road through inspection station Information Lane kilometres = km Total Area = 21,168 m2 (378 m x 56 m) SA11 Highway Maintenance Agreement Local Area Specifications LAS #4 - Page 3