RFQ 3707-17-0081

1.0 RFQ Summary 1.1 Quotations are invited for the non-exclusive supply of all labour, materials and equipment necessary

to perform maintenance on the Hydro Corridor Trail, herbicide spraying, mowing of grass, in various City locations within the Scarborough and North York District for the City of Toronto's Transportation Division from the date of Award to November 30, 2017, with the option to renew the Contract for two (2) additional one (1) year periods, all in accordance with the provisions and specifications contained in this Request for Quotation (RFQ) and the City of Toronto's Procurement Policies, the attached Appendix “C” - Price Form, and the City of Toronto Fair Wage Policy and Labour Trades Contractual Obligations in the Construction Industry.

2.0 Terminology 2.1 Definitions 2.1.1 In this request for quotation, unless inconsistent with the subject matter or context:

“Addendum” or “Addenda” means any document or documents issued by the City prior to the Closing Deadline that changes the terms of the RFQ or contains additional information related to the RFQ; “Agencies and Corporations” refer to bodies and organizations that have a direct reporting or funding relationship with the City of Toronto or Council. The list of current organization name and contact of agencies and corporations to be considered under this RFQ is available from the following page on the City's website www.toronto.ca/abcc; “Award” means the acceptance of a Quotation by the City in accordance with Chapter 195 of the City of Toronto Municipal Code;

"Bid" means a Bidder's response to the RFQ, which includes all of the documentation necessary to satisfy the requirements of the RFQ, has the same meaning as "Quotation" and is used interchangeably;

“Bidder” means any legal entity that submits a Quotation in response to the RFQ;

“Business Day” means any Working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day which the City has elected to be closed for business;

“Buyer” or "Senior Buyer" means the main contact person at the City for all matters related to the RFQ process, as set out on the RFQ Cover Page;

"City" means the City of Toronto including all Agencies and Corporations of the City;

“City Confidential Information” means all information of the City that is of a confidential nature, including all confidential information in the custody or control of the City, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored,

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expressed or embodied, which comes into the knowledge, possession or control of the Vendor in connection with the Contract. For greater certainty, the City Confidential Information shall:

a) include: (i) all new information derived at any time from any such information whether

created by the City , the Vendor or any third-party; (ii) all information (including Personal Information) that the City is obliged, or has the discretion, not to disclose under provincial or federal legislation or otherwise at law; but

b) not include information that: (i) is or becomes generally available to the public without fault or breach on the part of the Vendor of any duty of confidentiality owed by the Vendor to the City or to any third-party; (ii) the Vendor can demonstrate to have been rightfully obtained by the Vendor, without any obligation of confidence, from a third-party who had the right to transfer or disclose it to the Vendor free of any obligation of confidence; (iii) the Vendor can demonstrate to have been rightfully known to or in the possession of the Vendor at the time of disclosure, free of any obligation of confidence when disclosed; or (iv) is independently developed by the Vendor; but the exclusions in this subparagraph shall in no way limit the meaning of Personal Information or the obligations attaching thereto under the Contract or other Requirements of Law.

"City Representative" means the main contact person at the City for all matters relating to the Contract after its Award, or a designated City contact appointed;

“Closing Deadline” means the date and time specified on the RFQ Cover Page or any Addenda issued by the City, as the date and time by which Bidders must submit their Quotation;

“Conflict of Interest” includes, but is not limited to, any situation or circumstance where:

a) in relation to the RFQ process, the Bidder has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having access to information in the preparation of its Quotation that is confidential to the City and not available to other Bidders; (ii) communicating with any person with a view to influencing preferred treatment in the RFQ process including the giving of a benefit of any kind, by or on behalf of the Bidders to anyone employed by, or otherwise connected with, the City ; or (iii) engaging in conduct that compromises or could be seen to compromise the integrity of the open and competitive RFQ process and render that process non-competitive and unfair; or

b) in relation to the performance of its contractual obligations in the City contract, the Vendor’s other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations;

“Contract” means the binding agreement that is formed upon Award as confirmed by the issuance of a purchase order, blanket contract or the execution of any written agreement by the City.

“Council” means City Council;

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"CPI" means The Consumer Price Index (CPI) is an indicator of changes in consumer prices experienced by Canadians. It is obtained by comparing, over time, the cost of a fixed basket of goods and services purchased by consumers;

“Deliverables” means everything provided to the City in the course of performing the Contract or agreed to be provided to the City under the Contract by the Vendor;

"HST", means Harmonized Sales Tax; “including” means “including without limitation” and ”includes” means “includes without limitation”; the use of the word “including” or “includes” is not intended to limit any statement that immediately precedes it to the items immediately following it;

“may” and “should” used in this RFQ denote permissive (not mandatory);

“must”, “shall” or “will” used in this RFQ denote imperative (mandatory), meaning Quotations not satisfying imperative (mandatory) requirements will be deemed to be Non-Compliant and will not be considered for Award of Contract;

“MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act;

"Non-Compliant" means that the Quotation has failed one (1) or more mandatory requirement(s) and will not be considered for Award; "Non-Working Supervisor" means a person solely dedicated to this Contract and who is available on site at all times when the crew(s) is/are Working in order to schedule the Work of the crews, complete stake-outs and coordinate delivery of materials; “Products” means all hardware and related deliverables to be provided by the Vendor as described in the RFQ; "Quotation" means a Bidder's response to the RFQ, which includes all of the documentation necessary to satisfy the requirements of the RFQ, has the same meaning as "Bid" and is used interchangeably; “Requirements of Law” mean all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, City by-laws, rules, regulations, policies, official plans, permits, licences, authorisations, directions, and agreements with all authorities that now or at any time hereafter may be applicable to either the Contract or the Deliverables or any part of them; "RFQ" means this Request for Quotation inclusive of all Appendices, Schedules and any Addenda that may be issued by the City; “Services” means all services to be provided by the Vendor as described in this RFQ;

“Term” means the period of time from the effective date of the Award as evidenced by a City purchase order, until the completion date of the Contract including any renewal options exercised by the City as detailed in Section 4.0;

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“Vendor” means the successful Bidder that has been awarded the Contract;

“Work” means the combination of all Services, Products, and Deliverables to be provided by the Vendor as described in this RFQ.

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2.2 References to Labeled Provisions

Each reference in this Request for Quotation to a numbered or lettered “section”, “subsection”, “paragraph”, “subparagraph”, “clause” or “subclause” shall, unless otherwise expressly indicated, be taken as a reference to the correspondingly labelled provision of this Request for Quotation (RFQ).

2.3 General Interpretation In this RFQ, unless the context otherwise necessitates:

2.3.1 any reference to an officer or representative of the City shall be construed to mean the person

holding that office from time to time, and the designate or deputy of that person, and shall be deemed to include a reference to any person holding a successor office or the designate or deputy of that person;

2.3.2 a reference to any Act, bylaw, rule or regulation or to a provision thereof shall be deemed to include

a reference to any Act, bylaw, rule or regulation or provision enacted in substitution thereof or amendment thereof;

2.3.3 all amounts are expressed in Canadian dollars and are to be secured and payable in Canadian

dollars; 2.3.4 all references to time shall be deemed to be references to current time in the City; 2.3.5 a word importing only the masculine, feminine or neuter gender includes members of the other

genders; and a word defined in or importing the singular number has the same meaning when used in the plural number, and vice versa;

2.3.6 any words and abbreviations which have well-known professional, technical or trade meanings, are

used in accordance with such recognized meanings; 2.3.7 all accounting terms have the meaning recognized by or ascribed to those terms by the Chartered

Professional Accountants Canada (CPA Canada); and

2.3.8 all index and reference numbers in the RFQ or any related City document are given for the convenience of Bidders and such must be taken only as a general guide to the items referred to. It must not be assumed that such numbering is the only reference to each item. The documents as a whole must be fully read in detail for each item.

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2.4 RFQ Process Terms and Conditions This RFQ process is governed by the terms and conditions in Appendix “A”.

3.0 Scope of Work and Associated Deliverables 3.1 The scope of this RFQ includes the supply of all labour, materials and equipment necessary to

provide the Deliverables listed in Appendix “C” – Price Form. 3.2 The Work of this RFQ extended along the Hydro Corridor Trail in the Scarborough District and

the North York District; 3.3 The Deliverables shall include: 3.3.1 The Vendor(s) is to select, supply and apply herbicide and drift control additive for vegetation in

the Hydro Corridor Trail. The application shall eradicate weeds including Giant Hogweed, Golden Rod, Poison Ivy, Ragweed, Thistle, and Phragmites. The Product must not kill native grass species or damage trees.

3.3.2 The Vendor(s) is to mow the course turf of the Hydro Corridor Trail on a regular basis, under the

jurisdiction of the City of Toronto, Transportation Services Division, so as to maintain the area in a neat and tidy condition;

3.3.3 Immediately prior to each cutting, the Vendor shall pick-up debris and litter, regardless of the

source, and place it in durable plastic bags which are to be supplied by the Vendor. These bags of litter shall be brought to the nearest solid waste disposal site, at no additional cost to the City, on a daily basis for disposal. Any bags of litter left on the right-of way in excess of twenty-four (24) hours, shall be subject to liquidated damages as per Clause 3.3.3 of Appendix "D" – Service Specifications, Section 14.0. The Vendor is advised that the City will not be doing an initial spring debris and/or litter pick-up for the area of Work described in this Quotation;

3.3.4 The Vendor(s) shall have all necessary equipment to carry out the Work as described herein; 3.3.5 The Vendor(s) will be required to have a Non-Working Supervisor solely dedicated to this

Contract(s), to be available on site at all times when the crew(s) is/are Working in order to, and without limiting the foregoing, schedule the Work of the crews, complete stake-outs and coordinate delivery of materials. The time of the Supervisor will be evenly split between the crew(s) and no consideration will be given for minimum number of Work hours in a given day. Failure to comply with this shall result in the Work being suspended.

3.3.6 The Vendor shall note that the failure to complete each cut by the scheduled date shall result in

liquidated damages as per Clause 3.3.6 of Appendix "D" – Service Specifications, Section 14.0. 4.0 Term of Contract

4.1 Upon Award of this RFQ, the Vendor and the City will have a Contract for the Deliverables from

the date of Award to November 30, 2017, with the option to renew the Contract for two (2) additional separate one (1) year periods, all in accordance with the terms, conditions, and specifications contained in this RFQ and any applicable City policy.

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4.2 The decision to renew the Contract for any option Term will be at the sole discretion of the City

and will be decided at least three (3) months in advance. All terms and conditions of the Contract shall remain in effect and continue during the optional year(s), with the exception of any price adjustment. The City may take into consideration the following into its decision to exercise any option year:

Available budget; The annual price adjustment; Vendor performance during the Contract; and Operational needs

Included in the decision to accept any option year(s) of the Contract, is a price adjustment annually effective applied after the Contract's end date in accordance with the annual Consumer Price Index (CPI), (CPI Index-All Items-Toronto) for a 12 month period, using the most current CPI release date at the time of analysis, conducted by the City for the Deliverables included herein, at the time the option is being considered.

Throughout the Term, the annual CPI – All Items Toronto will be assessed three (3) months prior to the annual renewal date and adjusted at the time the option is being considered. All terms and conditions of the Contract shall remain the same and continue during the extended Term.

For the purposes of the evaluation and Award, there will be a 3% CPI adjustment applied annually to the total annual cost from the anniversary date of the Contract for a period two (2) subsequent optional renewal periods.

In addition, the City will also review the Vendor's Contract performance during the Term with regards to meeting timelines, and Deliverables.

5.0 Site Meeting – Not Applicable 6.0 Quotation Response Requirements 6.1 General Response Requirements 6.1.1 The following section lists the items that are to be included with your submission. Failure to include

mandatory items will result in your submission being found to be non-compliant and not considered further.

6.1.2 Bidders must submit one (1) original (clearly marked and identified) and should submit one (1)

additional hard copy of their Quotation. In the event where there are deviations between the original and any copies, the original hard copy shall prevail.

6.2 Request for Quotation Cover Page

6.2.1 If providing a Quotation on behalf of a corporation, the RFQ cover page must be signed by an

authorized signing officer who has the authority to bind the corporation. If the Bidder is not a corporation, the cover page must be signed by an authorized signing officer, having the authority

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to legally bind the Bidder to the extent permissible by the Requirements of Law. Bidders must also indicate the receipt of all Addenda as indicated on the RFQ cover page.

6.3 Price Form – Appendix “C”

6.3.1 In order for your Quotation to be considered, the Bidder must provide pricing on all items listed in Appendix “C” - Price Form Part A and/or Part B inclusive of Prompt Payment discounts where applicable. Quotations that do not include pricing on all Deliverables listed will be declared Non-Compliant.

6.3.2 The Bidder is to transcribe the grand total base bid price from the Appendix "C" - Price Form into

RFQ Cover Page 1 – Total Base Bid Price. In the event of any discrepancy between the information provided in RFQ Cover Page 1 – Total Base Bid Price and the amount set out in the Price Form, the Price Form shall govern.

6.3.3 Early Payment Discount Discount terms for early payment cannot be earlier than 15 days from the receipt date of the invoice by the City of Toronto, Corporate Accounts Payable unit.

6.3.3.1 If early payment terms are being offered, this must be indicated on Appendix "C" - Price Form. The Total Base Bid Price will be calculated taking the total base bid price less the discount offered, and will be applied against both the initial Term, and any subsequent renewal Term option(s) (if applicable) in order to determine the evaluated bid price for the purposes of the award.

6.3.4 Optional Pricing Where optional pricing is requested, the Bidder is required to provide pricing on all items as specified in the optional pricing table within Appendix C – Price Form. Pricing on these items is a mandatory requirement. Optional pricing is not calculated into the Total Base Bid Price, unless notified otherwise. Optional pricing is required for informational purposes and will be used for administering the Contract.

6.3.5 Pricing and payment shall be made by the area mowed in hectares (ha) as measured which shall

be verified by the Vendor. The unit price bid shall be compensation in full for all labour, materials and equipment to carry out the Work as described herein.

6.3.6 All prices, rates, and/or costs submitted by Bidders with respect to unit prices, labour hours and estimated labour hours prior to the start of the Work in relation to this Request for Quotation, must include any and all expenses that may be anticipated and incurred by the Vendor while providing the Services as specified in this RFQ. No additional costs will be considered.

6.3.7 Bidders must provide a quote for Deliverables that meet or exceed the minimum specifications and requirements detailed in this RFQ.

6.3.8 For firms that manufacture and/or market products identified within the Ontario Municipal Hazardous Waste or Special Waste (MHSW), all fees payable to Stewardship Ontario are to be included in the unit prices.

6.3.9 Bidders must provide ALL prices requested in the Price Form(s). Prices that are intended to be zero cost/no charge to the City must be submitted in the space provided in Price Form(s) as "$0.00", "0"

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or "zero". BIDDERS THAT DO NOT FULLY COMPLETE THESE FORMS (SUCH AS LEAVING LINES BLANK), OR HAVE UNCLEAR ANSWERS (SUCH AS "N/A", "-", OR "TBD", DASHES OR HYPHENS) WILL BE DECLARED NON-COMPLIANT.

6.4 Volume Rebate – Price Form - Appendix "C" – Not Applicable

6.5 Bid Security

6.5.1 Every Bidder shall submit with their Quotation documents a 10% Bid Security of the total Award value for each Part including any taxes, charges, contingencies or cash allowances in the form of either a certified cheque, a bank draft, a money order, a letter of credit or a Bid Bond, made payable to the City of Toronto, Treasurer.

6.5.2 If submitting a letter of credit, the following conditions must be incorporated into the letter of credit: (1) It must be issued by a Canadian chartered bank listed in schedule ‘i’ or ‘ii’ to the Bank Act

(Canada);

(2) It is in a sufficient dollar amount (e.g.: equivalent to the value of the certified cheque for which it is substituting);

(3) It is irrevocable; (4) It is unconditional; (5) It is automatically renewable unless advised by written notice to the City Treasurer 30 days

preceding the expiry date or dates, that the letter of credit will not be renewed; and (6) The City of Toronto may draw on it at will; (7) If advised in accordance with (5) above the City Treasurer will exercise the drawing option.

6.5.3 If submitting a Bid Bond, the Bid Bond must be in the form attached in Appendix "D". Should any other Bid Bond form be used, the terms and conditions must be the same as those contained in the City of Toronto’s Bid Bond form. Any deviation in the wording may result in your Quotation being declared Non-Compliant. Only original copies of bonds are acceptable. Quotations submitted with faxed copies of bonds are not acceptable and will be declared Non-Compliant.

6.5.4 The Bid Security of the unsuccessful Bidders will be returned by the Purchasing and Materials Management Division following the awarding of the Contract and not before.

6.5.5 The Bid Security of the successful Bidder(s) will be returned by the Purchasing and Materials Management Division upon receipt of the Performance Security as set out in Section 16.0 and not before.

6.5.6 Original copies only of letters of credit are acceptable. Quotations submitted with faxed copies of letters of credit are not acceptable and will be declared informal.

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6.5.7 Any Quotation received that does not satisfy the City's requirements of the Bid Security will be declared Non-Compliant.

6.6 City Policies Submission Form(s) – Appendix "E"

6.6.1 The Policy Submission Form contains statements from different City of Toronto Policies. The complete text of these policies can also be found on the City’s website at http://www.toronto.ca/purchasing/policies. Where applicable, the Bidder shall answer the questions posed and include the submission form with the completed Request for Quotation, failure to do so will result in the Bidder being declared Non-Compliant.

6.7 Literature 6.7.1 Bidders, where applicable, should submit complete literature on all Products being included in their

Quotation including, but not limited to; standard manufacturer’s warranty, model numbers, part numbers and other relevant documentation as part of their Quotation.

6.8 Bidder Qualifications

6.8.1 Bidders must have the following experience in order to be considered for Award: 6.8.1.1 Must have completed or be in the process of completing a minimum of two (2) similar projects

within Canada in the past ten (10) years. At least one (1) of these projects must include Contract Work with a municipality and/or provincial agency;

6.8.1.2 The Bidder must also provide the following information in the Bidder References Form located in

Appendix "D":

Project description, i.e. location, scope of Work, Contract value and Contract number; Approval authority contact along with telephone or e-mail information; and

Owner contact information.

6.8.2 Bidders must be authorized to perform the Services listed in Appendix “C” - Price Form and must hold title to any equipment that will be utilized in the provision of the Services. If requested by the City, Bidders must submit written verification of current and valid authorization, satisfactory to the City, prior to Award. Failure to submit written verification of authorization, satisfactory to the City within a time frame specified by the City will result in the Quotation being declared Non-Compliant.

6.8.3 Prior to Award, if requested by the City, the Bidder must submit written verification that their personnel including any subcontractor(s) are fully trained and authorized to undertake the Services described in this RFQ. Failure to submit written verification of training/authorization satisfactory to the City within a timeframe specified by the City will result in the Quotation being declared Non-Compliant.

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6.9 Bidder References

6.9.1 Bidders must submit a minimum of three (3) references from companies, for whom the Bidder has satisfactorily mowed grass on trails in the past ten (10) years which may be provided in the Bidder References Form provided for this purpose in Appendix "D".

6.9.2 The City may contact the references provided. Should any reference fail to confirm that the Services listed in this RFQ were performed in a satisfactory manner; the Quotation will be declared Non-Compliant.

6.9.3 Should the reference information requested not be included with the Quotation Bid submission, Bidders must provide it within three (3) Business Days of a written request from the City or the Quotation will be declared Non-Compliant.

6.9.4 In providing the above information, the Bidder gives the City consent to contact these individuals

to confirm the information. Failure to provide the required information listed on the Bidder References Form in Appendix "D" may render the Quotation Non-Compliant.

6.10 Samples – Not Applicable

6.11 Reporting 6.11.1 Usage Reports 6.11.1.1 The Vendor shall demonstrate the ability to provide an electronic Usage Report in columnar text

format, in MS Excel 2007 or higher version, of invoice details by providing the following report criteria:

6.11.1.2 Dollar value and usage information by:

a) Division b) Contract Number and Contract Line item c) Item model number for all items listed in Appendix “C”– Price Form and any 'Other' items

purchased d) Cost Centre e) Location f) Invoice Number g) By quantity h) By item i) By delivery date j) Usage k) Cumulative Total by month or as requested by individual City Divisions

6.11.1.3 The Vendor shall be required to submit to the City of Toronto, “Usage Reports” on a monthly

basis, or as requested, within 30 days after the end of each month based on the Appendix “C” – Price Form and the above report criteria. The Vendor shall also provide a cumulative report at the end of each Contract Term based on the aforementioned criteria.

6.11.1.4 There shall be no cost to the City for any such report during the Term.

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6.11.1.5 A sample Usage Report detailing the criteria as noted above shall be included by the Bidder. If a sample report is not be included with the Quotation submission, the Bidder will provide the report within five (5) Business Days of request at no cost to the City. Failure to provide the sample report within the specified period may result in the Bidder being declared Non-Compliant.

6.11.2 Work Record 6.11.2.1 Prepared by the City Representative and reporting all applicable dimensions, tonnages and any

other items for payment shall be reconciled with and signed by the Vendor’s representative.

6.11.2.2 Any and/or all payments will be in accordance with the City of Toronto, Toronto Transportation Specifications, Standard Drawings and General Conditions, unless otherwise specified.

7.0 Award 7.1 Subject to the process terms contained in Appendix "A" and the City's procurement policies, it is the

intent of the City to Award a Contract to one (1) or more Bidder(s) based on the Bidder(s) meeting specification and providing the lowest Total Base Bid Price cost in each Part as shown in Appendix “C” – Price Form inclusive of prompt payment.

7.2 Each of the Parts A and B in Appendix “C” shall be evaluated and awarded separately to one (1) or multiple Bidder(s).

7.3 It is the intent of the City to Award a Contract to one (1) or more Bidder(s) based on the Bidder(s) meeting specification and providing the lowest overall cost in each Part as shown in Appendix “C” – Price Form based on the initial Contract period.

7.4 The provision of Deliverables shall not commence until a signed Contract for the Deliverables is

issued and a Contract Release Order (CRO) has been issued.

7.5 Upon Award the City will confirm with the Vendor, the Deliverables, date(s) and any other instructions related to the Deliverables being provided.

7.6 The City reserves the right of accepting or rejecting any and/or all parts of this RFQ.

8.0 Piggyback Clause 8.1 After Award, the Vendor acknowledges that the City may inform its Agencies and Corporations of

the Vendor's Contract with the City. If the Vendor wishes to provide the same Deliverables to the City's Agencies and Corporations, it shall use commercially reasonable efforts to negotiate for the purpose of entering into separate and distinct Contracts with the City's Agencies and Corporations based on the same or comparable terms (including price and duration) as are set out in the City's Contract with the Vendor. The Vendor further acknowledges that the City shall not be liable for any separate Contracts negotiated with the City's Agencies and Corporations by the Vendor.

9.0 Specifications 9.1 General Specifications

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9.1.1 The Deliverables being supplied in this RFQ must be new and certified by the Vendor, and free of encumbrance. Refurbished, rebuilt, or used Products will not be acceptable.

9.1.2 All specifications are minimum requirements that must be met or exceeded. Bids containing one or more items that do not meet or exceed the minimum specifications will be declared Non-Compliant.

9.1.3 Detailed specifications can be found in Appendix "D". 10.0 Quantity

10.1 Quantities provided are estimates only and should not be interpreted as indicating a minimum or

maximum order quantity. The quantities shall be used as a basis for comparison upon which the Award will be made. These quantities are not guaranteed to be accurate and are furnished without any liability to the City whether decreased or increased.

11.0 Material Safety Data Sheets (MSDS) 11.1 The Vendor will supply the City of Toronto with the manufacturer's label and MSDS and only use

herbicides that are registered for roadside applications. 12.0 Delivery 12.1 The Vendor must deliver the specified Deliverables as per their Quotation without substitution or

deviation.

12.2 The Vendor shall provide staff who are licensed professionals that conform to all Integrated Pest Management (IPM) principles to undertake the spraying Services required under the terms of this RFQ. The staff must be licenced to handle and set-up the Products listed in Appendix “C” – Price Form.

12.3 Delivery will be to City of Toronto locations as per the Contract/Contract Release Order.

12.4 List of locations: 12.4.1 Detailed locations for the mowing of grass will be provided by the City of Toronto to the

Vendor(s). 12.4.2 The City Representative reserves the right to change the order, alter, add to, and/or delete lists as it

may become necessary throughout the Term of the Contract. No additional payment shall be made for any changes, alterations, additions, or deletions to the scope of Work.

12.5 The Vendor will be responsible for completing the required advertising in accordance with

Provincial Standards and the Pesticide Act Ontario Regulation 63/09, Sections 74 to 79 and notifying the City of Toronto of the dates for advertising in accordance with applicable legislation. The Vendor shall provide all applicable information for the advertisement such as chemical information, active ingredients, PCP Registration No.'s, Vendor's contact information. The Vendor shall be responsible for dealing with inquiries from the general public and shall provide a toll-free number for general inquiries that is staffed during normal business hours.

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12.6 A detailed list of tentative scheduling for the Deliverables can be found in Appendix "D" – Scheduling.

13.0 Return of Products – Not Applicable

14.0 Warranty – Not Applicable

15.0 Insurance (Refer to Appendix B – General Contract Terms and Conditions)

16.0 Performance Security 16.1 Upon Award to the lowest Bidder for each Part, the Vendor(s) shall submit within five (5) Business

Days of being notified, a certified cheque, bank draft, money order or letter of credit, made payable to City of Toronto, Treasurer, in the amount of 100% of the Total Base Bid Price, awarded to each Vendor based upon each Part of Award value received in the form of a Contract, to act as the Performance Security.

16.2 If submitting a letter of credit, the following conditions must be incorporated into the document:

(1) It must be issued by a Canadian chartered bank listed in schedule ‘i’ or ‘ii’ to the Bank Act (Canada);

(2) It is in a sufficient dollar amount (e.g.: equivalent to the value of the certified cheque for which it is substituting);

(3) It is irrevocable; (4) It is unconditional; (5) It is automatically renewable unless advised by written notice to the City Treasurer 30 days

preceding the (6) expiry date or dates, that the letter of credit will not be renewed; and (7) The City of Toronto may draw on it at will; (8) If advised in accordance with (5) above the City Treasurer will exercise the drawing option.

16.3 The Performance Security of the Vendor(s) will be returned by the Purchasing and Materials

Management Division upon expiry of the Contract(s); provided all required Work has been completed to the satisfaction of the City Representative.

16.4 If the Performance Security is not received or does not satisfy the requirements of the certified cheque, bank draft, money order or letter of credit, the Bidder will be declared Non-Compliant and not considered.

16.5 Original copies only of Letters of Credit are acceptable. Faxed copies of Letters of Credit are not acceptable and will be declared Non-Compliant.

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17.0 Occupational Health and Safety 17.1 Bidders are required to submit a properly commissioned (**) Occupational Health and Safety

Statutory Declaration (“OHSA Declaration”) in the form attached to this Quotation Request prior to award. (Form can be found in Appendix "D" – Supplementary Forms).

17.2 If a properly commissioned OHSA Declaration is not submitted with your Quotation, the City may provide a Bidder with an opportunity to submit the required OHSA Declaration within five (5) Working days of such written request. Failure to submit the OHSA Declaration in response to that written request or the inability of the Bidder to satisfy the requirements set out in the OHSA Declaration are grounds for default. The City may also consider previous OHSA violations as grounds for rejection of a Quotation and the City may terminate any contract arising from this Request for Quotation if the Bidder is continuously in violation of OHSA requirements.

17.3 In the event that a Bidder is unable to satisfy the OHSA Declarations requirements, Bidders are

advised Occupational Health and Safety training is available to Ontario contractors through the Construction Safety Association. That training should enable Bidders to identify whether further training is necessary to satisfy the requirements of the OHSA Declaration on future Tender/Quotation/Request for Proposal submissions.

17.4 The following persons, by virtue of their office, are Commissioners for taking affidavits in Ontario:

Members of the Legislative Assembly, Provincial judges and justices of the peace, and barristers and solicitors entitled to practise law in Ontario.

18.0 OTHER TERMS 18.1 Meetings 18.1.1 Prior to the start of any Work in this Contract, the Vendor shall attend a pre-construction meeting and follow-up progress meetings to be held at the City of Toronto Transportation Services Yard located at 8270 Sheppard Avenue, as advised by the City Representative. Confirmation of attendance at each meeting is required within forty-eight (48) hours of receiving notice. Prior to the execution of the Contract, the Vendor shall provide the City with the following documents at the time of the pre-construction meeting:

a) WSIB Clearance Certificate; b) Certificate of Insurance as specified; c) Bonding (100% Performance Bond) d) Your Company’s “Health & Safety Policy” along with the minutes of the last and most recent

Health and Safety meeting; e) Name and telephone numbers of the “On-site non-Working Project Coordinator/Supervisor”

and “Health & Safety Representative”; f) If applicable, the names, addresses and telephone numbers of the listed Sub- Contractor(s); g) Name of all pesticide applicators and their pesticide license number.

18.1.2 Copies of the following documents are required as part of the pre-construction meeting:

a) Street Occupation Permit; b) WSIB Clearance Certificate;

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c) Certificate of Insurance as specified; d) Notice of Project; e) Bonding (100% Performance Bond) f) Your Company’s “Health & Safety Policy” along with the minutes of the last and most recent

Health and Safety meeting. g) Name and telephone numbers of the “On-site non-Working Project Coordinator/Supervisor”

and “Health & Safety Representative”. h) If applicable, the names, addresses and telephone numbers of the listed Sub- Contractor(s).

18.1.3 There shall be no cost to the City for any expenses incurred by the Vendor during these meetings and/or obtaining the above noted documents, and is considered a necessary requirement of this Contract.

18.2 Hours of Work 18.2.1 Working Day 18.2.1.1 When the completion requirements for the Contract are based upon the number of Working days,

a Working day shall be defined as any day, except Saturday, Sunday, Statutory Holiday, or one on which the Vendor is prevented, by inclement weather or conditions resulting immediately there from adverse to controlling operations, as determined by the City Representative, from proceeding with at least 60% of the normal labour and equipment force engaged on such operation or operations.

18.2.1.2 The Vendor shall note that once any cut is started, the Vendor shall cut in a continuous manner.

Not showing up, unless permission in writing has been granted by the City Representative, shall result in liquidated damages as per Clause 18.2.1.2 of Appendix "D" – Service Specifications, Section 14.0.

18.2.2 Night and/or Weekend Work 18.2.2.1 The City Representative reserves the right to direct that any Work on main thoroughfares may

have to be carried out at night or weekends as directed between the hours of 7:00 pm and 7:00 am.

18.2.2.2 The City Representative will determine whether Work will be undertaken on days, nights or

weekends. No additional payment will be made to the Vendor for nights and/or weekend Work. 18.3 Working Restrictions 18.3.1 The Vendor shall not interfere with traffic on any of the City roads in the Scarborough and North

York District during peak periods. 18.3.2 The Vendor shall note that the Work on major arterial, minor arterial and collector roads shall be

undertaken in the off peak periods direction only. 18.3.3 The following time restrictions shall apply or as otherwise directed.

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18.3.4 The morning peak period hours are from 7:00 a.m. to 9:00 a.m. The afternoon peak period hours are from 3:00 p.m. to 6:00 p.m. These restrictions apply to all of the above road classifications within the Scarborough and North York District.

18.3.5 Further to this, the districts restricitions are as follows:

i) Scarborough District: any roads within the Highway 401 corridor designated from Victoria Park Avenue in the west to Port Union Road in the east and from Sheppard Avenue to the north to Ellesmere Road in the south, the Vendor shall adhere to the following Working hours:

a) Southbound direction: 9:00 a.m. to 3:00 p.m.

b) Northbound direction: 9:00 a.m. to 3:00 p.m.

c) Westbound direction: 9:00 a.m. to 3:00 p.m.

d) Eastbound direction: 9:00 a.m. to 3:00 p.m.

ii) North York District: any roads within the Highway 401 corridor designated from Victoria Park

Avenue in the east to Highway 400 in the west and from Steeles Avenue to the north to Eglinton Avenue in the south, the Vendor shall adhere to the following Working hours:

a) Southbound direction: 9:00 a.m. to 3:00 p.m.

b) Northbound direction: 9:00 a.m. to 3:00 p.m.

c) Westbound direction: 9:00 a.m. to 3:00 p.m.

d) Eastbound direction: 9:00 a.m. to 3:00 p.m.

18.3.6 The Vendor shall note that no Work shall be permitted within this corridor during the peak period

hours as defined previously.

18.3.7 The Vendor shall note that outside of the Highway 401 corridor the following restrictions shall apply:

a) No Work on roads in the northbound and southbound directions between 7:00 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m.;

b) No Work on roads in the westbound direction between 7:00 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m.;

c) No Work on roads in the eastbound direction between 3:00 p.m. to 6:00 p.m.;

d) The working hours of this Contract are from 7:00 a.m. to 5:00 p.m., Monday to Friday;

e) RoDARS must be sent out by the Vendor a minimum of 48 hours in advance of the Work commencing;

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f) Bus stop relocations are to be requested by the Vendor a minimum of 24 hours in advance of the Work commencing.

18.3.8 The Vendor shall also note that no Work shall be permitted within 30 metres of any signalized

intersection within the Scarborough and North York District between 7:00 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m.

18.3.9 Failure to comply with any working restriction shall result in liquidated damages as per Clause

18.3.9 of Appendix "D" – Service Specifications, Section 14.0. 18.4 Traffic Control 18.4.1 The Vendor is responsible for the provision of the control of traffic during the Work as outlined in

this Contract in accordance with the Ontario Traffic Manual Book 7 – Temporary Conditions – Field Edition, as a minimum.

18.4.2 Access To Site: 18.4.2.1 The Vendor’s Work and operations shall allow for the conditions and constraints specific to the

site as described in the Contract documents.

18.4.2.2 The Vendor shall be responsible for any damage caused to surrounding areas, including but not limited to existing roads, fencing, guard rails, landscaping and access routes to enable site access. The Vendor shall also be responsible for the restoration of all existing roads, fencing, guard rails, and landscaping to pre-construction conditions or better. Any damage to trees such as accidental removal of trees in slashing or mowing, de-barking of trees and rutting of turf caused by the equipment or other operations or damage to other property caused by the Vendor’s site access shall be corrected to the City Representative’s satisfaction at the Vendor’s expense. Damage to structures, guy wires, or grounding devices shall be reported immediately to Hydro One Networks Inc. so as not to endanger others or cause further damage.

18.4.2.3 The Vendor shall take care to avoid damaging or harming crops and trees in the hydro corridor

while spraying weeds and shall strictly adhere to any no spray zones. Any claims for damages caused or alleged to have been caused by the weed spraying operation shall be the responsibility of the Vendor.

18.4.2.4 Unlicensed vehicles and equipment shall not travel, Work or stop in a lane carrying traffic.

18.4.2.5 Materials shall be stored in areas designated by the City Representative. Equipment shall not be

stored within 4 metres of the traveled portion of any roadway or pathway. 18.4.2.6 Notwithstanding the foregoing, the Vendor shall, at no cost to the City, remove any equipment

or material which, in the City Representative's opinion, constitutes a hazard to traffic or pedestrians.

18.4.2.7 The Vendor shall plan and schedule the routes of equipment and delivery vehicles to, from and

within the job site, so that vehicular movements are accommodated with minimum interference and interruptions to public traffic. Access routes shall be established to allow vehicles to merge with public traffic to avoid crossing traffic lanes.

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18.4.2.8 The Vendor shall obtain the City Representative's prior approval for the location of any vehicle

access points not shown on the drawings. The City Representative reserves the right to alter, reject, or close same as considered necessary. The Vendor shall notify suppliers of materials and equipment of the location and proper use of the access points.

18.4.2.9 The Vendor is advised that no equipment or vehicles will be permitted on the adjacent lands

unless the Vendor has obtained written permission from the owners. All areas used by the Vendor for access or storage are to be restored to their original condition at the Vendor’s expense.

18.4.2.10 No separate measurement or payment will be made for any additional expense to the Vendor as a result of complying with the requirements and carrying out the Work described above.

18.5 Parking 18.5.1 All stationary equipment is not to be located within 3 metres of the travelled portion of the road. 18.6 Vendor's Identification Sign 18.6.1 For the purposes of this Contract, signs shall be placed only when and where directed by the City

Representative. 18.6.2 The Vendor must, at no cost to the City, and without further or other order, provide, erect and

maintain a sign measuring 900mm x 900mm, displaying the Vendor’s name, a 24-hour emergency phone number and the quotation number carrying out grass cutting and spraying.

18.6.3 Signage requirements, other than specified herein, shall be in accordance with the Ontario Traffic

Manual book 7 – Temporary Conditions – Field Edition, as a minimum. 18.6.4 Vendor’s identification signs shall be placed on every job site and maintained in good order in

conspicuous places during all phases of Work until the required Work is completed. Under no circumstances shall signage obstruct traffic flow, driver vision, or pedestrian traffic.

18.6.5 The City Representative reserves the right to require the Vendor to replace any signage found to

be unsafe, defaced, lost or damaged without delay and without cost to the City. Failure to adhere to the above conditions will result, on the first incident, a written warning. Subsequent incidents will result in a total shut down of Work, without compensation until all conditions are met, or to the satisfaction of the City Representative.

18.7 Identification of Local M.O.E Office 18.7.1 Any notification to the Ministry of the Environment (MOE) that is required elsewhere in the

Contract shall be provided to 5775 Yonge Street, North York, Ontario M2N 4J1, Tel: (416) 326-6700.

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18.8 Notice of Project 18.8.2 The Vendor will be required to file a notice of project with the Ministry of Labour and have it

available at all times for review and inspection by Ministry Officials. The Vendor will be required to provide a copy to the City.

18.9 Designated Substances

18.9.1 No designated substances are known to be within the scope of this Work.

18.10 Restoration of Damages 18.10.1 The Vendor shall be responsible for the repair of any damages caused to surrounding areas,

including but not limited to existing roads, fencing, guard rails, landscaping, accidental removal of trees in slashing or mowing, de-barking of trees and rutting of turf caused by the equipment or other operations. Any damage or disruption of the existing plant or equipment shall be rectified immediately at the Vendor's expense to a condition acceptable to the City Representative. Damage to structures, guy wires, or grounding devices shall be reported immediately to Hydro One Networks Inc. so as not to endanger others or cause further damage.

18.10.2 If the Vendor fails to satisfactorily repair any damages within the same day, the City will make the

repair at the expense of the Vendor. 18.11 Damages Due To Delays 18.11.1 The Vendor shall have no additional claim or right of action against the City for damages, costs,

expenses, loss of profit or otherwise, because of any delay encountered in the completion of this Contract.

18.12 Claims 18.12.1 The Vendor shall note that claims for any additional payment over and above the unit prices Bid

shall not be paid by the City, due to the change, alteration, addition and/or deletion of any quantities in the Price Form. The Vendor understands and accepts that the quantities provided are approximate and estimates only and are not to be interpreted as indicating a minimum or maximum order quantity.

18.13 Subcontracting 18.13.1 Detailed information pertaining to subcontracting can be found in Appendix "D" – Subcontracting,

Form 7. 18.14 Rental Rates for Construction Equipment 18.14.1 For any additional Work authorized by the City Representative by Extra Work Order which

involves construction equipment, payment will be made in accordance with the Ontario Provincial Standard Specification – Schedule of Rental Rates For Construction Equipment, Form No. 127, which is in force at the time the extra Work is authorized.

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18.15 Extra Work Within or Outside the Contract 18.15.1 The Vendor shall take note that should any extra Work be required within or outside the boundary

limit(s) indicated on the Contract drawings if drawings are applicable, to accommodate drainage, traffic, or as otherwise directed by the City Representative, the Vendor shall, upon completion of this Work, be paid under the appropriate bid items in the Price Form if applicable.

18.16 Noise Regulations 18.16.1 The Vendor shall comply with the City’s noise by-laws.

18.17 Unauthorized Use of Fire Hydrants 18.18.1 The Vendor shall note that any unauthorized use of fire hydrants shall be subject to penalties as

set out under the City of Toronto, Water Supply By-Law #851 dated January 1, 2008. 18.18 Appendices 18.18.1 Appendix "B" - General Contract Terms and Conditions 18.18.1.1 The general contract terms and conditions governing this RFQ and corresponding Contract(s)

shall be those of the City, which are attached to and form part of this specification in Appendix "B".

18.18.2 Appendix "F" - General Conditions 18.18.2.1 The general conditions governing the awarded Contract(s) shall be those of the City, which

are attached to and form part of this specification in Appendix "F". Appendix "F" will govern the awarded Contract(s) Deliverables during the Contract Term including any and all option years exercised.

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APPENDIX “A” REQUEST FOR QUOTATIONS PROCESS TERMS AND CONDITIONS 1. Bidder’s Responsibility (1) It shall be the responsibility of each Bidder:

a) to examine all the components of this Request for Quotations (RFQ), including all appendices, forms and Addenda;

b) to acquire a clear and comprehensive knowledge of the required Deliverables before submitting a Quotation;

c) to become familiar and (if it becomes a successful Bidder) comply with all of the terms and conditions contained in this RFQ and the City’s Policies and Legislation set out on the City of Toronto website at: www.toronto.ca/tenders/index.htm

(2) The failure of any Bidder to receive or examine any document, form, addendum, or policy shall not

relieve the Bidder of any obligation with respect to its Quotation or any purchase order issued based on the Bidder’s Quotation.

2. City Contact and Questions

(1) All contact and questions concerning this RFQ should be directed in writing to the City employee(s) designated as “Buyer” in the RFQ.

(2) No City representative, whether an official, agent or employee, other than those identified as “Buyer” or the Chief Purchasing Official or his/her delegate are authorized to speak for the City with respect to this RFQ, and any Bidder who uses any information, clarification or interpretation from any other representative does so entirely at the Bidder’s own risk.

(3) Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt by a Bidder to bypass the RFQ process may be grounds for rejection of its Quotation.

(4) Commencing from the issue date of this RFQ until the time of any ensuing Award, no communication shall be made by any person, including potential Bidders, or its representatives, including a third-person representative employed or retained by it (or any unpaid representatives acting on behalf of either), to promote its Quotation or oppose any competing Quotation, nor shall any potential Bidder, or its representatives, including a third-person representative employed or retained by it (or any unpaid representatives acting on behalf of either), discuss this RFQ or its Quotation with any City staff, City officials or Council member(s), other than a communication with the "City Contact" identified on page 1 on this RFQ.

(5) Communications in relation to this RFQ outside of those permitted by the applicable procurement policies and this RFQ document contravene the Lobbying By-law, an offence for which a person is liable to a maximum fine of $25,000.00 on a first conviction and $100,000.00 on each subsequent conviction. In addition, the City's Procurement Processes Policy provides that any Bidder found in breach of the policy may be subject to disqualification from the call or a future call or calls at the discretion of Council.

(6) Notwithstanding anything to the contrary set out in this document, the obligations with respect to lobbying as set out in the City of Toronto Municipal Code, Chapter 140 shall apply. The links to the City's Procurement Processes Policy, Lobbying By-Law and Interpretive Bulletin on Lobbying and Procurement are as follows:

http://www.toronto.ca/citybusiness/pdf/policy_procurement_process.pdf http://www.toronto.ca/legdocs/municode/1184_140.pdf http://www.toronto.ca/lobbying/pdf/interpretation-bulleting_lobbying-procurements.pdf

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3. Addenda

If it becomes necessary to revise any part of this RFQ, the revisions will be by Addendum posted electronically in Adobe PDF format on the City’s website at www.toronto.ca/calldocuments. Bidders and prospective Bidders SHOULD MONITOR THAT SITE as frequently as they deem appropriate until the day of the Deadline. Only answers to issues of substance will be posted. The City reserves the right to revise this RFQ up to the Closing Deadline. When an Addendum is issued the date for submitting Quotations may be revised by the City if, in its opinion, the City determines more time is necessary to enable Bidders to revise their Quotations.

All Bidders must acknowledge receipt of all Addenda in the space provided on the Quotation Submission Form. The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the final Addendum (if any) no later than two (2) days prior to the Deadline.

4. Exceptions to Mandatory Terms and Conditions

If a Bidder wishes to suggest a change to any mandatory term or condition set forth in any part of this RFQ it should notify the Buyer in writing not later than three (3) Business Days before the Closing Deadline. The Bidder must clearly identify any such term or condition, the proposed change and the reason for it. If the City wishes to accept the proposed change, the City will issue an Addendum as described in the article above titled Addenda. The decision of the City shall be final and binding, from which there is no appeal. Changes to mandatory terms and conditions that have not been accepted by the City by the issuance of an Addendum are not permitted and any Quotation that takes exception to or does not comply with the mandatory terms and conditions of this RFQ will be rejected.

5. Omissions, Discrepancies and Interpretations

A Bidder who finds omissions, discrepancies, ambiguities or conflicts in any of the RFQ documentation or who is in doubt as to the meaning or has a dispute respecting any part of the RFQ should notify the Buyer noted in this RFQ in writing. If the City considers that a correction, explanation or interpretation is necessary or desirable, the City will issue an Addendum as described in the article above titled Addenda. The decision and interpretation of the City respecting any such disputes shall be final and binding, from which there is no appeal. No oral explanation or interpretation shall modify any of the requirements or provisions of the RFQ.

6. Incurred Costs

The City will not be liable for, nor reimburse, any potential Bidder or Bidders, as the case may be, for costs incurred in the preparation and submission of any Quotation.

7. Limitation of Liability

The City shall not be liable for any costs, expenses, loss or damage incurred, sustained or suffered by any Bidder prior, or subsequent to, or by reason of the acceptance or the non-acceptance by the City of any Quotation, or by reason of any delay in acceptance of a Quotation, except as provided in this RFQ.

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8. Post-Submission Adjustments and Withdrawal of Quotations

(1) No unilateral adjustments by Bidders to submitted Quotations will be permitted.

(2) A Bidder may withdraw its Quotation prior to the Closing Deadline any time by notifying the Buyer designated in this RFQ in writing.

(3) A Bidder who has withdrawn a Quotation may submit a new Quotation, but only in accordance with the terms of this RFQ.

(4) After the Closing Deadline each submitted Quotation shall be irrevocable and binding on Bidders for a period of 90 days.

(5) If the City makes a request to a Bidder for clarification of its Quotation, the Bidder will provide a written response within 48 hours accordingly, unless otherwise indicated, which shall then form part of the Quotation.

9. No Collusion or Unethical Conduct

(1) No Bidder may discuss or communicate about, directly or indirectly, the preparation or content of its Quotation with any other Bidder or the agent or representative of any other Bidder or prospective Bidder. If the City discovers there has been a breach at any time, the City reserves the right to disqualify the Quotation or terminate any ensuing contract.

(2) By submitting a Quotation in response to this Quotation Request, the Bidder certifies that:

a) the prices in the Quotation have been arrived at independently of those of any other Bidder;

b) the prices in the Quotation have not been knowingly disclosed by the Bidder, and will not knowingly be disclosed by the Bidder prior to the award of purchase, directly or indirectly, to any other Bidder or competitor; and

c) no attempt has been made, or will be made, to induce any other person to submit or not to submit a Quotation, for the purpose of restricting competition.

(3) Bidders must not have common ownership, directors, or management, or any other affiliation, connection, association or attachment with each other that may be deemed to compromise the principle of competition. Bidders must disclose any arrangements with other Bidders (including but not limited to subcontracting) that may reasonably be deemed to compromise the principle of competition, at or prior to the Closing Deadline.

10. Prohibition against Gratuities

(1) No Bidder and no employee, agent or representative of the Bidder, may offer or give any gratuity in the form of entertainment, participation in social events, gifts or otherwise to any officer, director, agent, appointee or employee of the City in connection with or arising from this RFQ, whether for the purpose of securing a contract or seeking favourable treatment in respect to the award or amendment of the contract or influencing the performance of the contract, including without restriction enforcement of performance standards, or expressing appreciation, or providing compensation, for the award of a contract or for performance of the City's obligations thereunder or for conferring favours or being lenient, or in any other manner whatsoever.

(2) If the City determines that this article has been breached by or with respect to a Bidder, the City may exclude its Quotation from consideration, or if a contract has already been entered into, may terminate it without incurring any liability.

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11. Conflicts of Interest/Unfair Advantage

(1) In its Quotation, the Bidder must disclose to the City any potential conflict of interest that might compromise the performance of the Work or which might reasonably compromise or provide the Bidder an unfair advantage in the bidding process. If such a conflict of interest does exist, the City may, at its discretion, refuse to consider the Quotation.

(2) The Bidder must also disclose whether it is aware of any City employee, Council member or member of a City agency, board or commission or employee thereof having a financial interest in the Bidder and the nature of that interest. If such an interest exists or arises prior to the award on any contract, the City may, at its discretion, refuse to consider the Quotation or withhold the awarding of any contract to the Bidder until the matter is resolved to the City’s sole satisfaction.

(3) Bidders are cautioned that the acceptance of their Quotation may preclude them from participating as a Bidder in subsequent projects where a conflict of interest may arise. The Bidder for this project may participate in subsequent/other City projects provided the Bidder has satisfied pre-qualification requirements of the City, if any, and in the opinion of the City, no conflict of interest would adversely affect the performance and successful completion of an agreement by the Bidder.

12. Quasi-Criminal/Criminal Activity of a Proponent

(1) The City may reject a Quotation or Bidder if the City:

a) confirms that the Bidder or any individual that owns, directs, or controls the Bidder has been charged with or convicted of an offence under the Criminal Code, an offence under other applicable Requirements of Law, or an offence pursuant to similar laws outside of Ontario, or has been named in an order or similar enforcement measure by a regulatory authority;

b) determines that this charge or conviction or order is material to the given procurement; and

c) determines that, in light of this charge or conviction, awarding the Bidder could compromise the

delivery of the deliverables or would otherwise undermine the business reputation of the City of the public's confidence in the integrity of the call process

13. Failure or Default of Bidder

(1) If the Bidder, for any reason, fails or defaults in respect of any matter or thing which is an obligation of the Bidder under the terms of the RFQ, the City may at its option:

a) Consider that the Bidder has submitted a non-compliant Bid, whereupon the City may also rescind any acceptance of the [Proposal/Bid] as null and void; or

b) Consider that the Bidder has abandoned any Agreement and require the Bidder to pay the City the

difference between its Quotation and any other Quotation which the City accepts, if the latter is for a greater amount and, in addition, to pay the City any cost which the City may incur by reason of the Bidder’s failure or default. The Bidder shall be ineligible to submit a new Quotation for any Call that the City is required to reissue as a result of the Bidder's failure or default or where the City deems that the Bidder has abandoned the Agreement.

14. Acceptance of Quotations

(1) The City shall not be obliged to accept any Quotation in response to this RFQ.

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(2) The City may modify and/or cancel this RFQ prior to accepting any Quotation.

(3) Quotations may be accepted or rejected in total or in part.

(4) The lowest quoted price may not necessarily be accepted by the City.

(5) In determining which Quotation provides the best value to the City, consideration may be given to the past performance of any Bidder.

(6) Quotations which are incomplete, not completed in ink, conditional or obscure or which contain additions not called for, erasures or alterations of any kind may be rejected.

(7) The City reserves the right to waive immaterial defects and minor irregularities in any Quotation.

(8) Quotations not completed in non-erasable medium and signed in ink shall be rejected.

(9) The City reserves the right to verify the validity of information submitted in the Quotation and may reject any Quotation where, in the City’s sole estimation, the contents appear to be incorrect, inaccurate or inappropriate.

(10) The City reserves the right to assess the ability of the Bidder to perform the contract and may reject any Quotation where, in the City’s sole estimation, the personnel and/or resources of the Bidder are insufficient.

(11) The City may reject a Quotation if it determines, in its sole discretion, that the Quotation is materially unbalanced. A Quotation is materially unbalanced when:

a) it is based on prices which are significantly less than cost for some items of Work and prices which are significantly overstated in relation to cost for other items of Work; and

b) the City had determined that the Quotation may not result in the lowest overall cost to the City even though it may be the lowest submitted Quotation; or

c) it is so unbalanced as to be tantamount to allowing an advance payment.

15. Currency

Unless otherwise stated herein, prices quoted are to be in Canadian dollars.

16. Tied Bids

In the event that the City receives two or more Quotations identical in price, the City reserves the right to select one of the tied Quotations by way of a coin toss (in the case of two identical bids), or lottery (in the case of more than two identical bids).

17. Mathematical Errors

In the event of mathematical errors found in the pricing pages, the unit prices quoted shall prevail. Extensions and totals will be corrected accordingly and adjustments resulting from the correction will be applied to the total price quoted.

18. City Confidential Information

(1) City Confidential Information provided by City staff to any Bidder or prospective Bidder in connection with, or arising out of this RFQ, the Deliverables or the acceptance of any Quotation:

a) is and shall remain the property of the City; b) must be treated by Bidders and prospective Bidders as confidential;

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c) must not be used for any purpose other than for replying to this RFQ, and for fulfillment of any related subsequent contract.

19. Ownership and Disclosure of Quotation Documentation

(1) The documentation comprising any Quotation submitted in response to this RFQ, along with all correspondence, documentation and information provided to the City by any Bidder in connection with, or arising out of this RFQ, once received by the City:

a) shall become a record of the City; b) shall become subject to the Municipal Freedom of Information and Protection of Privacy Act

("MFIPPA"), and may be released, pursuant to that Act and other Requirements of Law. (2) Because of MFIPPA, Bidders should identify in their Quotation any scientific, technical, commercial,

proprietary or similar confidential information, the disclosure of which could cause them injury. (3) Each Bidder’s name and quoted total base price shall be made public.

(4) By submitting a Quotation, the Bidder acknowledges that it will be made available to members of City Council and Committees on a confidential basis and may be released to members of the public pursuant to an access request made under MFIPPA and other Requirements of Law.

20. Intellectual Property Rights

Each Bidder warrants that the information contained in its Quotation does not infringe any third party intellectual property right and agrees to indemnify and save harmless the City, its staff and its consultants, if any, against all claims, actions, suits and proceedings, including all costs incurred by the City brought by any person in respect of the infringement or alleged infringement of any patent, copyright, trademark, or other intellectual property right in connection with their Quotation. 21. Governing Law

This RFQ and any Quotation submitted in response to it and the process contemplated by this RFQ shall be governed by the laws of the Province of Ontario. Any dispute arising out of this RFQ or this RFQ process will be determined by a court of competent jurisdiction in the Province of Ontario.

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APPENDIX "B" GENERAL CONTRACT TERMS AND CONDITIONS In addition to any other terms and conditions contained elsewhere in this RFQ, the following terms and conditions shall form part of the Contract between the City and the Vendor and are deemed to be incorporated into and take precedence over the terms of any purchase order(s) issued in connection with this RFQ. The order of precedence shall be: (i) the RFQ, including any appendices, schedules and Addenda; (ii) the purchase order; and (iii) the Quotation;

1. Compliance with Laws

The Vendor will be required to comply, at its sole expense, with all applicable Requirements of Law (including, without limitation, the City's Fair Wage and other policies or by-laws applicable to the City's vendors, the Ontario Fire Code, the Ontario Employment Standards Act, the Ontario Human Rights Code, the Ontario Labour Relations Act, the Workplace Safety and Insurance Act, the Income Tax Act and Occupational Health and Safety requirements) in relation to the provision of any Services, including the obtaining of all necessary permits and licences, and shall submit proof of such compliance to the City, upon request, and the Vendor shall indemnify and save the City harmless from any liability or cost suffered by it as a result of the vendor's failure to comply with this provision.

2. Non-Exclusivity

The awarding of a Contract to a Vendor shall not be a guarantee of exclusivity. 3. Confidentiality

The Vendor shall treat as confidential all information of any kind which comes to the attention of the Vendor in the course of carrying out the Services and shall not disseminate such information for any reason without the express written permission of the City or otherwise in accordance with MFIPPA or other applicable privacy law. The Vendor may be required to enter into a detailed confidentiality and conflict of interest agreement in a form satisfactory to the City Solicitor.

4. Conflict of Interest

The Vendor shall: (a) avoid any Conflict of Interest in the performance of its contractual obligations; (b) disclose to the City without delay any actual or potential Conflict of Interest that arises during the performance of its contractual obligations; and (c) comply with any requirements prescribed by the City to resolve any Conflict of Interest. In addition to all other contractual rights or rights available at law or in equity, the City may immediately terminate the Contract upon giving notice to the Vendor where: (a) the Vendor fails to disclose an actual or potential Conflict of Interest; (b) the Vendor fails to comply with any requirements prescribed by the City to resolve or manage a Conflict of Interest; or (c) the Vendor’s Conflict of Interest cannot be resolved to the City's reasonable satisfaction. 5. Indemnities (1) The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council,

officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgments (including legal fees and costs) arising from or related to the

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Vendor's performance or non-performance of its obligations, including payment obligations to its approved subcontractors and suppliers and others, and including or breach of any confidentiality obligations under the Contract or infringement, actual or alleged of any Canadian, American or other copyright, moral right, trade-mark, patent, trade secret or other thing with respect to which a right in the nature of intellectual/industrial property exists.

(2) Upon assuming the defence of any action covered under this sub-article the Vendor shall keep City of Toronto reasonably informed of the status of the matter, and the Vendor shall make no admission of liability or fault on City of Toronto's part without City of Toronto's written permission.

Intellectual Property Indemnity

The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council, officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgements (including legal fees and costs) arising from infringement, actual or alleged, by the Quotation, its use or misuse, or by any of the deliverables developed or provided or supplied under or used in connection with the Services (including the provision of the Services themselves), of any Canadian, American or other copyright, moral right, trade-mark, patent, trade secret or other thing with respect to which a right in the nature of intellectual/industrial property exists.

Employment & WSIB Indemnity

Nothing under this Agreement shall render the City responsible for any employment, benefit or termination liability (including those under or in connection with the Workplace Safety and Insurance Act, 1997 or any successor legislation ("WSIA"), whether statutorily required, at common law or otherwise, resulting from Services supplied under this Agreement by persons employed or otherwise engaged by the Vendor. In the event that employment related costs, or other related responsibility falls to the City for any reason whatsoever, the Vendor agrees to indemnify the City for such costs.

6. Insurance

The successful Vendor agrees to purchase and maintain in force, at its own expense and for the duration of the Services, the following policies of insurance, which policies shall be in a form and with an insurer acceptable to the City. A certificate evidencing these policies signed by the insurer or an authorized agent of the insurer must be delivered to the City prior to the commencement of Services: 1. Commercial General Liability provided that the policy:

(i) is in the amount of not less than Five Million Dollars ($5,000,000.00), per occurrence;

(ii) adds the City of Toronto as an additional insured;

(iii) includes Non-Owned Automobile Liability, Employer's Liability and/or Contingent Employer's Liability, and any other provision relevant to the services;

(iv) includes a clause which will provide the City with thirty (30) days' prior written notice of

cancellation (15 days if cancellation is due to non-payment of premium).

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2. Automobile Liability insurance with a minimum limit of Five Million Dollars ($5,000,000) for all owned or leased licensed motorized vehicles used in the performance of services.

It is understood and agreed that the coverage and limits of liability noted above are not to be construed as the limit of liability of the vendor in the performance of services. It is also agreed that the above insurance policies may be subject to reasonable deductible amounts, which deductible amounts shall be borne by the vendor. At the expiry of the policies of insurance, original signed Certificates evidencing renewal will be provided to the City without notice or demand. The successful Vendor is responsible for any loss or damage whatsoever to any of its materials, goods, equipment or supplies and will maintain appropriate all-risk coverage as any prudent owner of such materials, goods, supplies and equipment. The successful vendor shall have no claim against the City or the City’s insurers for any damage or loss to its property and shall require its property insurers to waive any right of subrogation against the City.

7. No Assignment

The Vendor shall not assign any part of the Contract nor any interest therein without the prior written consent of the City, which consent shall not be unreasonably withheld. However, such written consent shall not under any circumstances relieve the Vendor of its liabilities and obligations under this RFQ and the Contract, including the terms of this RFQ.

8. Subcontractors

(1) The Vendor shall be solely responsible for the payment of every subcontractor employed, engaged, or retained by it for the purpose of assisting it in the performance of its obligations under the contract. The Vendor shall coordinate the provision of the Deliverables by its subcontractors in a manner acceptable to the City, and ensure that they comply with all the relevant requirements of the Contract.

(2) The Vendor shall be liable to the City for all costs or damages arising from acts, omissions, negligence or willful misconduct of its subcontractors.

9. Personnel and Performance (1) The Vendor must make available appropriately skilled Workers, consultants or subcontractors, as

appropriate, and must be able to provide the necessary materials, tools, machinery and supplies to fulfill its obligations under the Contract.

(2) The Vendor shall be responsible for its own staff resources and for the staff resources of any subcontractors and third-party service providers.

(3) The Vendor will ensure that its personnel (including those of approved subcontractors), when using any City buildings, premises, equipment, hardware or software shall comply with all security policies, regulations or directives relating to those buildings, premises, equipment, hardware or software.

(4) Personnel assigned by the Vendor to provide the deliverables (including those of approved

subcontractors) may also, in the sole discretion of the City, be required to sign confidentiality and conflict of interest agreement(s) satisfactory to the City Solicitor.

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10. Independent Contractor

The Vendor and the City agree and acknowledge that the relationship of the City and the Vendor is one of owner and independent contractor and not one of employer-employee. Neither is there any intention to create a partnership, joint venture or joint enterprise between the Vendor and the City.

11. Warranties and Covenants

The Vendor represents, warrants and covenants to the City (and acknowledges that the City is relying thereon) that any deliverable resulting from or to be supplied or developed under the Contract will be in accordance with the City’s functional and technical requirements (as set out in the RFQ) and, if applicable, will function or otherwise perform in accordance with such requirements.

12. Ownership of Intellectual Property and Deliverables

The City will own all intellectual property rights, including (without limitation) copyright, in and to all deliverables provided by the Vendor and its subcontractors. All information, data, plans, specifications, reports, estimates, summaries, photographs and all other documentation prepared by the Vendor in the connection with the provision of the Deliverables under the Contract, whether they be in draft or final format, shall be the property of the City.

13. Termination Provisions

(1) Upon giving the Vendor not less than 30 days’ prior written notice, the City may, at any time and without cause, cancel the Contract, in whole or in part. In the event of such cancellation, the City shall not incur any liability to the Vendor apart from the payment for the Deliverables that have been satisfactorily delivered or performed by the Vendor at the time of cancellation.

(2) Failure of the Vendor to perform its obligations under the Contract shall entitle the City to terminate the Contract upon ten (10) calendar days’ written notice to the Vendor if a breach which is remediable is not rectified in that time. In the event of such termination, the City shall not incur any liability to the Vendor apart from the payment for the Deliverables that have been satisfactorily delivered or performed by the Vendor at the time of termination.

(3) All rights and remedies of the City for any breach of the Vendor's obligations under the Contract shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Contract or otherwise at law.

(4) No delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy.

14. Liquidated Damages

If the vendor at any time fails to supply all goods or services to the City as specified within the Contract, or fails to replace goods or services rejected by the City, then the City shall be permitted to procure such goods or services elsewhere and charge any additional costs incurred by the City to the vendor as liquidated damages, unless otherwise specified, and deduct such amounts from payments due to the vendor or to otherwise collect such costs from the vendor by any other method permitted by law.

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15. Right to Retain Monies

The City shall have the right to retain out of monies payable to the vendor under the Contract the total amount outstanding for time to time of all claims arising out of the default of the vendor of its obligations to the City. This shall include claims pursuant to this or any other contract or cause of action between the vendor and the City which have not been settled between the City and the vendor.

16. Occupational Health and Safety

(1) The Vendor shall comply with all federal, provincial or municipal occupational health and safety legislative requirements, including, and without limitation, the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA").

(2) Nothing in this section shall be construed as making the City the "employer" (as defined in the

OHSA) of any Workers employed or engaged by the Vendor for the Work, either instead of or jointly with the Vendor.

(3) The Vendor agrees that it will ensure that all subcontractors engaged by it are qualified to perform the Work and that the employees of subcontractors are trained in the health and safety hazards expected to be encountered in the Work.

(4) The Vendor acknowledges and represents that:

a) The Workers employed to carry out the Work have been provided with training in the hazards of the Work to be performed and possess the knowledge and skills to allow them to Work safely;

b) The Vendor has provided, and will provide during the course of the agreement, all necessary personal protective equipment for the protection of Workers;

c) The Vendor’s supervisory employees are competent, as defined in the OHSA, and will carry out their duties in a diligent and responsible manner with due consideration for the health and safety of Workers;

d) The Vendor has in place an occupational health and safety policy in accordance with the OHSA; and e) The Vendor has a process in place to ensure that health and safety issues are identified and addressed

and a process in place for reporting Work-related injuries and illnesses. (5) The Vendor shall provide, at the request of the City Representative or his designate, the following as

proof of the representations made in paragraph d(i) and d(iv):

a) documentation regarding the training programs provided or to be provided during the Work (i.e. types of training, frequency of training and re-training); and

b) the occupational health and safety policy. (6) The Vendor shall immediately advise the City Representative or his designate in the event of any of

the following:

a) A critical injury that arises out of Work that is the subject of this agreement;

b) An order(s) is issued to the Vendor by the Ministry of Labour arising out of the Work that is the subject of this agreement;

c) A charge is laid or a conviction is entered arising out of the Work that is the subject of this agreement, including but not limited to a charge or conviction under the OHSA, the Criminal Code,

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R.S.C 1985, c. C-46, as amended and the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A, as amended.

(7) The Vendor shall be responsible for any delay in the progress of the Work as a result of any violation

or alleged violation of any federal, provincial or municipal health and safety requirement by the Vendor, it being understood that no such delay shall be a force majeure or uncontrollable circumstance for the purposes of extending the time for performance of the Work or entitling the Vendor to additional compensation, and the Vendor shall take all necessary steps to avoid delay in the final completion of the Work without additional cost to the City.

(8) The parties acknowledge and agree that employees of the City, including senior officers, have no

authority to direct, and will not direct, how employees, Workers or other persons employed or engaged by the Vendor do Work or perform a task that is the subject of this agreement.

17. Workplace Safety and Insurance Board The Vendor shall secure, maintain and pay all costs for Workplace Safety and Insurance Board ("WSIB") Workers’ compensation coverage for its employees providing Services under this contract, whether required statutorily or not under the Workplace Safety and Insurance Act, 1997. The Vendor represents and warrants that it shall be in good standing with the WSIB throughout the Term of this Contract. Prior to supplying the Services and prior to receiving payment, the Vendor shall produce a Clearance Certificate issued by the WSIB confirming that the Vendor has paid its assessment based on a true statement of the amount of its current payroll in respect of the Services and that the City is relieved of financial liability. Thereafter, throughout the period of Services being supplied, a new Clearance Certificate will be obtained from the WSIB by the Vendor and provided to the City every 90 days or upon expiry of the Certificate's validity period whichever comes first. The Vendor shall ensure that any and all persons, including but not limited to volunteers, students, subcontractors and independent contractors, providing services under this Contract have secured WSIB coverage, whether required statutorily or not, for the term of this Contract.

18. Accessibility Standards for Customer Service Training Requirements The Vendor shall require all applicable personnel (including those of its subcontractors) to fulfill the training requirements set out in the City's policy on Accessible Customer Service Requirements for Contractors, Consultants and other Service Providers.

19. City of Toronto – Invoice/Billing Requirements To assist in prompt payment, it is essential that all required billing information is provided on the invoice submitted to the City of Toronto. If billing information is missing from an invoice it will result in a payment delays. It is the Vendor's responsibility to submit accurate invoices for goods /services delivered to the City of Toronto divisions. If an inaccurate invoice (ie: but not limited to, pricing, quantity or services provided) is submitted, the Vendor will be requested to issue a credit note and submit a new invoice. If the invoice

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in question offered an early payment discount, the re-issue date of the new invoice will be used to calculate the early payment discount terms. 19.1 Standard Invoices: 1) Original hardcopy vendor invoices must be addressed and sent DIRECTLY to: City of Toronto Accounting Services Division Corporate Accounts Payable 55 John Street 14th Floor, Metro Hall Toronto, ON M5V 3C6; or 2). Electronic Invoices To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will accept electronic vendor invoices submitted via email to APinvoice@toronto.ca . Electronic invoices submitted must be in a PDF format with either single or multiple invoice(s) per attachment. Note: Do not send statements or past due invoices to this email address, only current invoices will be accepted. Do not send hard copy invoices to Corporate Accounts Payable if you have submitted an electronic invoice. If you have any questions regarding this process, please contact AP Customer Service at 416-397-5235 and follow the prompts. 3) Invoice/s submitted to the City of Toronto must have complete ship to information including:

I. Name of City Division, II. The City Division’s contact name and phone number (the person ordering or picking up

the goods and/or services), III. Delivery location of goods and/or services (excluding pick-up order), IV. Purchasing document information on the invoice (blanket contract number, contract

release order number (CRO) purchase order (PO) or Divisional Purchase Order (DPO) must be clearly indicated on the invoice.

V. Complete "Remit To" address is required on all submitted vendor invoices A purchasing document number must be provided by City Staff at time of order for goods or services. 4) City purchases with the use of a credit card/PCard, are NOT to be sent to Corporate Accounts Payable. These invoices are considered paid. 5) Vendors are encouraged to provide packing slips and/or goods receipt confirmations directly to the

ordering Division for goods/services delivered.

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6) Vendors are to provide backup documentation directly to the ordering Division, not Corporate Accounts Payable.

19.2) Construction Contracts & Consultant Assignments related to Capital Projects – With a

Holdback only. Invoices related to an approved capital project with a holdback and managed by a City Representative (CA) must be forwarded to the CA for review and approval. Billing requirement direction will be provided by the contract custodian or city divisional designate prior to the start of the Contract. 1) All invoices must be addressed and sent DIRECTLY to: City Representative

City of Toronto Address Contact Info: Phone #, E-mail address Note: Contact Information of respective CA will be provided in writing, prior to the start of the contract. 2) Invoice/s submitted to the City of Toronto City Representative must have complete information including:

I. Contract/Project Number II. Name of City Division and City Representative

III. Vendor Number IV. Vendor Name and address V. The City Division’s contact name and phone number (the person ordering or picking up

the goods and/or services), VI. Description of Work/ Project Name

VII. Location of Work VIII. Bill through Dates(Work Done): from and to

IX. Invoice Date X. Sub-total Amount: Excluding all taxes

XI. Total Invoice Amount; Including all taxes Purchasing document information on the invoice (blanket contract number, contract release order number (CRO) purchase order (PO) or Divisional Purchase Order (DPO), must be clearly indicated on the invoice. (*This purchasing number should be provided by City staff at the time of order*)

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APPENDIX “C” PRICE FORM

UNIT PRICES QUOTED SHALL INCLUDE FOR THE NON-EXCLUSIVE SUPPLY OF ALL LABOUR, MATERIALS AND EQUIPMENT NECESSARY TO PERFORM MAINTENANCE ON THE HYDRO CORRIDOR TRAIL, HERBICIDE SPRAYING, MOWING OF GRASS, IN VARIOUS CITY LOCATIONS WITHIN THE SCARBOROUGH AND NORTH YORK DISTRICT FOR THE CITY OF TORONTO'S TRANSPORTATION DIVISION FROM THE DATE OF AWARD TO NOVEMBER 30, 2017, EXCLUDING HARMONIZED SALES TAX (HST)

IN THE EVENT OF MATHEMATICAL ERRORS FOUND IN THE PRICING PAGES, THE UNIT PRICES QUOTED SHALL PREVAIL. EXTENSIONS AND TOTALS WILL BE CORRECTED ACCORDINGLY AND ADJUSTMENTS RESULTING FROM THE CORRECTION WILL BE APPLIED TO THE TOTAL PRICE QUOTED.

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Item Description UnitQuantity

(A)Unit Bid Price

(B)Total Bid Price

(A x B)

00001Initial mowing of grass including trimming, debris and litter pick-up. (1 cut)

ha 60 $ ____________ $ ____________

00002Subsequent mowing of grass including trimming, debris and litter pick-up. (3 cuts)

ha 180 $ ____________ $ ____________

00003Subsequent mowing of grass including trimming, debris and litter pick-up 3.25 m from either edge of the paved bike trail. (3 cuts)

ha 6 $ ____________ $ ____________

00004 SMOG Alert Response Plans Delay. (Provisional) day 20 $100.00 $2,000.00

00005Supply a three (3) person crew to pick-up debris and litter as directed (Provisional)

crew hour 40 $ ____________ $ ____________

00006Herbicide Spraying including all materials, services, signage notification, equipment, and labour. (Provisional)

ha 60 $ ____________ $ ____________

00007 Contingency p.s. 1 $10,000.00 $10,000.00

$ __________

(A) $ ______________

(B) _______%

(C) _______________

(D) $ ______________

(E) $ _____________

RFQ NO. 3707-17-0081

APPENDIX "C" - PRICE FORM

SUBTOTAL Copy to Row A

MAINTENANCE TO BE CARRIED OUT WITH THE SPECIFICATION FOR TURF MAINTENANCE OUTLINED IN THE CONTRACT

Unit Prices shall include the supply of all labour, materials and equipment necessary to perform Maintenance on the Toronto Hydro Corridor, Herbicide Spraying, Mowing of Grass and Slashing of Weeds in Various City Locations within Scarborough District EXCLUDING HARMONIZED SALES TAX (HST)

PART A - Scarborough District

Total Base Bid Price Before Discount

Prompt Payment Total % Discount (including Option Years)

State Discount Term (e.g.: Net 15 days)

Discount Applied to Total Base Bid Price(A) x (B)

GRAND TOTAL BASE BID PRICE (excluding taxes) After Discount(A)-(D)

Trasncribe on to Cover Page

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$ ____________

$ ____________

$ ____________

_________________

THE FOLLOWING BREAKDOWN MUST BE COMPLETED BY THE BIDDER

Estimated cost of material to be incorporated in the work:

Estimated cost of labour and all other charges:

Vendor HST Registration number:

TOTAL AMOUNT OF QUOTATION TO BE COPIED TO TENDER CALL COVER PAGE(Total must equal Total Amount of Quotation)

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Item Description UnitQuantity

(A)Unit Bid Price

(B)Total Bid Price

(A x B)

00001Initial mowing of grass including trimming, debris and litter pick-up. (1 cut)

ha 70.5 $ ____________ $ ____________

00002Subsequent mowing of grass including trimming, debris and litter pick-up. (3 cuts)

ha 211.5 $ ____________ $ ____________

00003Subsequent mowing of grass including trimming, debris and litter pick-up 3.25 m from either edge of the paved bike trail. (3 cuts)

ha 19 $ ____________ $ ____________

00004 SMOG Alert Response Plans Delay. (Provisional) day 10 $100.00 $1,000.00

00005Supply a three (3) person crew to pick-up debris and litter as directed (Provisional)

crew hour 30 $ ____________ $ ____________

00006Herbicide Spraying including all materials, services, signage notification, equipment, and labour. (Provisional)

ha 70.5 $ ____________ $ ____________

00007 Contingency p.s. 1 $10,000.00 $10,000.00

$ __________

(A) $ ______________

(B) _______%

(C) _______________

(D) $ ______________

(E) $ _____________

Total Base Bid Price Before Discount

Prompt Payment Total % Discount (including Option Years)

State Discount Term (e.g.: Net 15 days)

Discount Applied to Total Base Bid Price(A) x (B)

GRAND TOTAL BASE BID PRICE (excluding taxes) After Discount(A)-(D)

Trasncribe on to Cover Page

SUBTOTAL

RFQ NO. 3707-17-0081

APPENDIX "C" - PRICE FORM

Unit Prices shall include the supply of all labour, materials and equipment necessary to perform Maintenance on the Toronto Hydro Corridor, Herbicide Spraying, Mowing of Grass and Slashing of Weeds in Various City Locations within North York District EXCLUDING HARMONIZED SALES TAX (HST)

MAINTENANCE TO BE CARRIED OUT WITH THE SPECIFICATION FOR TURF MAINTENANCE OUTLINED IN THE CONTRACT

PART B - North York District

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$ ____________

$ ____________

$ ____________

_________________

Estimated cost of material to be incorporated in the work:

Estimated cost of labour and all other charges:

TOTAL AMOUNT OF QUOTATION TO BE COPIED TO TENDER CALL COVER PAGE(Total must equal Total Amount of Quotation)

Vendor HST Registration number:

THE FOLLOWING BREAKDOWN MUST BE COMPLETED BY THE BIDDER

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APPENDIX “D” – SUPPLEMENTARY FORMS

1) Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy

2) Statutory Declaration (Occupational Health & Safety)

3) Bidder References Form

4) Service Specifications

5) Bid Bond Form

6) Scheduling

7) Subcontracting

8) Scarborough District Hydro Corridor Area Maps

9) North York District Hydro Corridor Area Maps

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Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy

Organizations/individuals in Ontario, including the City of Toronto, have obligations under the Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, the City of Toronto also has policies that prohibit discrimination on the additional grounds of political affiliation or level of literacy, subject to the requirements of the Charter. Organizations are required to have and post policies, programs, information, instruction, plans and/or other supports, and an appropriate internal process available to their employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints under the applicable legislation and including the additional grounds of discrimination prohibited under City policy. Individuals are obliged to refrain from harassment/hate activity. The City of Toronto requires all organizations and individuals that contract with the City to sign the following Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy. This Declaration must be signed by your organization and submitted with the contract or Letter of Understanding. The name of your organization and the fact that you have signed this declaration may be included in a public report to City Council. Declaration:

I/we uphold our obligations under the above provincial and federal legislation. In addition, I/we uphold our obligations under City policies which prohibit harassment/discrimination on a number of grounds including political affiliation and level of literacy. WHERE LEGALLY MANDATED I/we have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with our obligations, and I/we have an internal process available to my/our employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. I/we agree that I/we shall, upon the request of the City, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the City to determine compliance. I/We acknowledge that failure to demonstrate compliance with this declaration to the satisfaction of the operating Division, in consultation with the City Solicitor, may result in the termination of the contract. Name of Vendor or Name of Grant Applicant (Organization or Individual): Complete Address: Email _____________________________ Tel. No. ____________________________ Postal Code: Fax No. ____________________________ Name of Signing Officer or Name of Applicant (Name – please print): Position Signature: Date:

Authorised Signing Officer or Individual

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Multilingual Services: 311 and TTY 416-338-0889.Further information: www.toronto.ca/diversity.ca

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STATUTORY DECLARATION (Occupational Health & Safety)

PROVINCE OF ONTARIO ) JUDICIAL DISTRICT OF YORK )

IN THE MATTER OF RFQ NO. __________ AND ANY ENSUING CONTRACT BETWEEN

_______________________________________________ (Company Name)

- AND -

City of Toronto I, ______________________________ of the City/Town/Village of ___________________________ in the Province

(Name) of _____________________________, do solemnly declare the following:

(Name of Province) 1. I am the ___________________________ of the ____________________________ and as such

(Insert Title) (Insert Company Name) have knowledge of the matters herein stated. 2. __________________________ is a sole proprietorship/partnership/corporation with its head office (Company

Name) located at________________________ and has carried on business as a_______________________________________

(contractor/state other type of business) since on or about_____________________.

(Insert Date) 3. _______________________________ since__________________ had in place a Health and Safety Policy

(Company Name) (Insert Date) under Section 25(2) (j) of the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 as amended, (the “Act”) and has/have developed and maintain(s) on an annual basis a program to implement the written Occupational Health and Safety Policy. A copy of the policy and program for________________________ (Insert Company Name) will be delivered to the City of Toronto upon request by the City and will be available for inspection at the City of Toronto, solely for the purposes of the above noted Contract. 4._______________________________ since__________________ had in place a Workplace Violence and a

(Company Name) (Insert Date) Workplace Harassment Policy under Section 32.0.1(1) of the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 as amended, (the “Act”) and has/have developed and maintain(s) on an annual basis a program to implement the written Workplace Violence and Workplace Harassment Policy. A copy of the policy and program for________________________ (Insert Company Name) will be delivered to the City of Toronto upon request by the City and will be available for inspection at the City of Toronto, solely for the purposes of the above noted Contract.

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5._______________________________ (Insert Company Name) will employ for the Work under this Contract a supervisor or supervisors who are competent persons as defined by section 1(1) of the Act, and specifically a person or persons who: (a) are qualified because of knowledge, training and experience to organize the Work and its

performance;

(b) are familiar with the Act and the regulations made thereunder that apply to the Work; and

(c) have knowledge of any potential or actual danger to health and safety associated with the Work.

6.________________________________________ (Insert Company Name) will employ for the purpose of

this project the following competent supervisors: __________________________________________ (Insert name of supervisors)

No supervisors other than those named shall Work on this Contract.

7. The supervisors employed by________________________________________ (Insert Company Name) has successfully completed the necessary health and safety courses to be considered a competent person to undertake the Work described in the Contract.

AND I/We make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and

effect as if made under oath and by virtue of “The Canada Evidence Act”.

DECLARED BEFORE ME AT THE ) )

OF ) )

IN THE ) _____________________________________________ ) Signing Officer for Company

THIS DAY OF 20___. ) )

A Commissioner etc. )

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BIDDER REFERENCES FORM 1. Company Name: ______________________________

Contact Name/Title: ______________________________

Telephone Number: ______________________________

Email: ______________________________

Project Description (including location & scope of Work): _______________________________________________________________ _______________________________________________________________ Contract Value: ______________________________

2. Company Name: ______________________________

Contact Name/Title: ______________________________

Telephone Number: ______________________________

Email: ______________________________

Project Description (including location & scope of Work): _______________________________________________________________ _______________________________________________________________ Contract Value: ______________________________

3. Company Name: ______________________________

Contact Name/Title: ______________________________

Telephone Number: ______________________________

Email: ______________________________

Project Description (including location & scope of Work): _______________________________________________________________ _______________________________________________________________ Contract Value: ______________________________

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SERVICE SPECIFICATIONS 1.0 General Work Requirements 1.1 Staging 1.1.1 The grass cutting operation shall be completed in stages that call for timely completion and minimum disruption

to traffic. 1.2 Dust and Mud and Herbicide Control

1.2.1 The Work sites may be close to homes, apartments, commercial and office buildings and therefore close control

must be employed to keep dust from forming and blowing. 1.2.2 Where conditions are such that mud is tracked onto existing pavement, or onto adjacent streets, the Vendor

will be required to clean such pavements daily as directed by and to the satisfaction of the City Representative. The cost of all such cleaning measures shall be at the Vendor’s expense.

1.2.3 The Vendor shall immediately report and properly clean-up any herbicide spills.

1.2.4 All herbicide applications shall eliminate vapour and/or physical drift. Any herbicide application must not

exceed the manufacturer's labelled directions for use, maximum temperature or wind speed. Extreme care must be taken to avoid spray/drift going off target.

1.3 Herbicide Spraying

1.3.1 The Vendor will provide the City Representative with a minimum of three (3) unbiased broad spectrum

herbicide Products (or combination of Product) recommendations. The recommendation is to include application rates/label rates, required add mixtures, specific reasons for each recommendation, environmental information, financial costs, etc. Preference will be given to pesticides that have proven a demonstrated lower risk to the environment and humans. The final decision on the pesticide will be made by the City Representative. The Vendor shall only use herbicides that are registered for roadside applications and herbicides must be brought to the Work site in their original unopened packaging.

1.3.2 The Vendor's equipment must be capable of applying an even application for different distances while

maintaining proper application rates. The equipment shall be of a design that reduces drifting and evaporation. Nozzles shall be of a design that produces "large drops" as opposed to a "spray" or "mist".

1.3.3 The Vendor will be responsible for disposing of empty containers and storing full containers.

1.3.4 The Vendor shall maintain a minimum ten (10) metre "no spray zone" around Toronto Region Conservation

Authority (TRCA) shrubs, meadows and wetlands; and shall not spray directly onto standing water and shall maintain buffers from standing water in accordance with the Product labels.

1.3.5 The Vendor shall maintain accurate records of all herbicide applications including the date of application,

location, hectares treated, weather at time of application, targeted vegetation, type and quantity of herbicide(s) applied and general comments relating to the application and name of applicator(s) and pesticide licence.

1.3.6 The Vendor shall prepare annual reports of herbicide use under this RFQ in accordance with Section 25 or

Ontario Regulation 63/09. Payment for creating the report shall be included in the unit prices charged for Item 6 in Appendix "C" - Pricing Form.

1.3.7 The Vendor shall take care to avoid damaging or harming crops and trees in the hydro corridor and strictly

adhere to any no spray zones. Any claims for damages caused or alleged to have been caused by the weed spraying operation shall be the responsibility of the Vendor.

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1.3.8 Payment for the Work completed under this Contract item shall be measured in hectares for the area treated

with herbicide spray. 1.3.9 Payment at the Contract unit price for this item shall be full compensation for all labour, services, equipment,

and material required to complete the Work. No payment will be made for materials used for any additional applications required to achieve compliance with the expected results shown below:

Inspection Timing

Weeds

14 Days after Application

75% of treated vegetation shows symptoms characteristic of herbicide injury

60 days after Application

90% of leaves and stems necrotic

1.4 Trimming

1.4.1 The trim Work shall be started within twenty-four (24) hours after the main cutting is completed. Hand trimming is to be carried out where necessary, including but not limited to, adjacent to luminaire standards, structures, guy wires, catch basins, curb and gutter, guide rail posts, ditches, slopes, bridge abutments, trees, shrubs, fire hydrants, fences, along and overhanging curb edges and sidewalks, weeds on walkways, weeds between and through fences, overgrown shrubs along walkways, weeds on concrete and asphalt medians and islands, and grass medians and islands, including asphalt, interlock stone and concrete buffer strips. This also includes the clean-up and removal of all trimmings.

1.4.2 Any traffic control required to carry out the trimming shall be done according to the Ontario Traffic Manual

Book 7 – Temporary Conditions – Field Edition, as a minimum. 1.4.3 Failure to start the trimming as described above within twenty-four (24) hours after the main cutting is started

will result in liquidated damages as per Clause 1.4.3 of Appendix "D" – Service Specifications, Section 14.0.

1.4.4 The Vendor must be careful when trimming around trees. Any damages caused to the trees shall result in liquidated damages as per Clause 1.4.4 of Appendix "D" – Service Specifications, Section 14.0. If the tree needs to be replaced as determined by Parks and Recreation, Forestry Division, 416-338-8733 (416-338-TREE), the City will make the replacement at the expense of the Vendor.

1.5 Areas of Mowing 1.5.1 Detailed Drawings

a) In Form 8 – Scarborough District Hydro Corridor Area Maps: detailed drawings show the areas to be mowed in this Quotation are not included in this Quotation but mowing includes the four (4) sections of the Hydro Corridor Trail across the Scarborough District, as indicated in Figure #1 and Figure #2.

b) In Form 9 – North York District: detailed drawings show the areas to be mowed in this Quotation are

not included in this Quotation but mowing includes the seven (7) sections of the Hydro Corridor Trail across the North York District, as indicated in Figures #1, 2, 3 and 4.

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1.5.2 For Scarborough District only, the Vendor shall note that the section from McCowan Road to Bellamy Road, south of the bike trail, is naturalized and hence this area (approximately thirteen (13) hectares) will not require mowing of the grass. The area (approximately two (2) hectares) north of the bike trail in this section will continue to require mowing of the grass.

1.5.3 The Vendor will be paid for the actual area mowed in this Contract and will not be allowed any claims for

payment against the City concerning areas to be mowed or not mowed as described above. 1.5.4 It will be the Vendor's responsibility to contact the City Representative to determine the areas to be cut,

including hand trimming of slopes, trimming areas and mowing of properties maintained. The areas to be mowed includes, but are not limited to, boulevards, ditches including slopes of the ditches (up to 25m from the edge of pavement in planar projection), buffer strips along walkways, slopes maintained by the City. When guide rail is encountered, a 1.5m wide strip behind the face of the guide rail shall be mowed and trimmed as directed. The Vendor shall be aware that extra pre-caution should be taken when working around, or near exposed or buried utility lines.

1.5.5 No additional payment shall be made for cutting these areas as it shall be included in the Bid price for the cuts

in the Appendix "C" - Price Form. 1.6 Cleaning of Equipment

1.6.1 The Vendor shall inspect the equipment before moving out of an area of operation, moving machinery between

sites, using machinery along roadsides, ditches and along watercourses. 1.6.2 The Vendor shall also inspect the equipment after operating in "high risk" areas with a known Phragmites

infestation or operating in an area that the Vendor is uncertain contains Phragmites.

1.6.3 The Vendor shall inspect the inside and outside of the vehicle for plant material and seeds that may be lodged or adhering to interior and exterior surfaces and ensure large amounts of dirt, mud, plant material, etc. are removed from the inside and outside the vehicle or equipment before leaving the site.

1.6.4 The Vendor shall remove and guards, covers or plates that are easy to remove and pay attention to the underside

of the vehicle, radiators, tires and foot wells. 1.6.5 The Vendor shall identify the areas of the equipment that require cleaning with compressed air and clean these

first before using water. 1.6.6 The areas of the equipment that require water should be cleaned with a high-pressure hose in combination with

a stiff brush to further remove dirt, mud and plant parts. The cleaning should start from the top and Work to the bottom. Special emphasis should be placed on the underside of the vehicle, wheel arches, guards, radiators, and on other harder to clean areas.

1.6.7 The Vendor shall be cautious of where the wastewater is going and keep it in a contained area. Any cleaning

area should be located at least 30 metres away from any watercourse, water body or natural vegetation.

2.0 Work Specifications 2.1 Initial Mowing of Grass Including Trimming, Debris and Litter Pick-up

Appendix "C" - Price Form Item No. 1

And;

Subsequent Mowing of Grass Including Trimming, Debris and Litter Pick-up Appendix "C" - Price Form Item No. 2

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And;

Subsequent Mowing of Grass Including Trimming, Debris and Litter Pick-up 3.25m From Either Edge of the Paved Bike Trail Appendix "C" - Price Form Item No. 3

2.1.1 Mowing is to commence approximately in May 2017 or when the ground is dry enough to place equipment on

without causing rutting, as determined by the City Representative. The last mowing will be completed in November, or when the first frost occurs as determined by the City Representative.

2.1.2 The Vendor shall note that this Work will involve working within the Hydro Corridor Trail and the following

should be observed when working in the vicinity of electrical conductors:

Voltage Rating of Conductor Minimum Distance

From 750 up to and including 150,000 volts 3 metres

Over 150,000 up to and including 250,000 volts 4.5 metres

Over 250,000 volts 6 metres

2.1.3 All areas are to be mowed and the grass is to be cut to a height between 37mm (1.5 inches) and 50mm (2

inches). The Vendor shall re-cut any areas not cut to the specified height at no cost to the City. Should a heavy layer of trimmings appear as a result of the mowing schedule not being maintained, the Vendor will be required to remove or dispose of the trimmings without additional payment. Any trimmings on the roadway or sidewalk shall be removed by the Vendor as directed by the City Representative or liquidated damages per Clause 2.1.3 of Appendix "D" – Service Specifications, Section 14.0 shall be assessed against the Vendor until it is removed.

2.1.4 The Vendor shall use diesel powered rotary mowers, guarded to prevent ejection of foreign projectiles. Rotary

mowers should be the low center of gravity type in order to operate on steep slopes. Flail type mowers may be used only when directed by the City Representative, however the rotary mowers must be used in every cycle to complete the finish cut.

2.1.5 The Vendor should note that all self-propelled turf mowers shall be diesel powered, and all line trimmers and

small rotary mowers to be equipped with four (4) cycle engines. 2.1.6 The area of the slopes to be cut shall be 100 per cent (100%) or as directed by the City Representative. 2.1.7 Hand trimming is to be carried out during every cut where necessary, adjacent to the luminaire standards, guide

rail posts, ditches, slopes, bridge abutments, trees, shrubs, fire hydrants, fences, along curb edges, weeds between fences along walkways, overgrown shrubs along walkways throughout the Hydro Corridor Trail allowance, this includes the clean-up and removal of all trimmings. Soil sterilization will not be permitted.

2.1.8 Areas of hand trimming or areas where small rotary mowers should be used are as directed by the City

Representative. 2.1.9 Mowing, which includes debris and litter-pick-up, regardless of source and hand trimming, will be paid for in

progress payments, prepared after the completion of each completed cut, commencing in the month of May and concluding in November. The City Representative may add or delete the amount of cuts, subject to budget approval.

2.1.10 Each cut will consist of debris and litter pick-up, then the completion of mowing and hand trimming. 2.1.11 Each cut must be fully completed before starting on the next cut, in addition the Vendor shall schedule his/her

Work such that it is continuous and consistent throughout any cutting cycle.

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2.1.12 The Vendor will be directed by the City Representative when to commence each cut.

2.1.13 The Vendor shall contact the Supervisor, Maintenance Contract Inspection, each time a grass cutting crew is delayed or not reporting for Work. Failure to do so may result in liquidated damages as per Clause 2.1.13 of Appendix "D" – Service Specifications, Section 14.0.

2.1.14 The Vendor shall contact the Supervisor, Maintenance Contract Inspection, to determine which designated

areas (Capital Project locations) are not to be cut. 2.1.15 The Vendor will inspect the area before each mowing and hand trimming and remove hazards such as wire,

sod pegs, bottles, cans, rocks, metal objects, tires, small branches, large branches, and other debris, regardless of source. These items will be placed in durable plastic bags which are to be supplied by the Vendor and taken to the nearest Solid Waste Disposal Site at no cost to the City for disposal. The durable plastic bags shall be identified with an identification sticker supplied by the City Representative prior to delivery to the nearest Solid Waste Disposal Site. The Vendor shall also clean-up debris, such as paper, prior to each cutting. The clean-up of debris and litter within the limits of this Contract includes mowed and weed hand trimming areas.

2.1.16 Failure to remove hazards and pick up debris and litter prior to starting a cut shall result in liquidated damages

as per Clause 2.1.16 of Appendix "D" – Service Specifications, Section 14.0, being assessed and deducted from any payment due to the Vendor.

2.1.17 The City will not be responsible for the spring debris and litter clean–up.

2.1.18 Note: The Vendor is advised that the City Representative reserves the right to cancel the Contract or delete any

complete cutting and/or litter pick-up should growing conditions or budget restrictions so dictate. The Vendor will not be entitled to make a claim for any further compensation because of the cancellation of the Contract or the deletion of any part of the Bid items. Payment will be made for the actual number of cuts and/or debris and litter pick-ups carried out.

2.1.19 The Vendor is also advised that the City Representative reserves the right to add one or more complete cuts,

should growing conditions or budget so permit.

2.1.20 The Vendor shall follow the schedule of cuts and not start or finish each cut early. Liquidated damages as per Clause 2.1.20 of Appendix "D" – Service Specifications, Section 14.0 will be assessed against the Vendor for each day started or finished early according to the schedule. This shall also apply when the schedules are changed. This amount shall be deducted from any payments due to the Vendor.

2.1.21 Payment shall be made by the area mowed in hectares (ha) as measured which shall be verified by the Vendor.

The unit price Bid for Items 1 and 2 shall be compensation in full for all labour, materials and equipment to carry out the Work as described herein.

2.2 Subsequent Mowing of Grass Including Trimming, Debris and Litter Pick-Up

Appendix "C" - Price Form Item No. 2

2.2.1 The Vendor shall be required to carry out this item after the initial mowing of grass (including debris and litter pick-up) is completed.

2.2.2 Payment shall be made by the area mowed in hectares (ha) as measured which shall be verified by the

Vendor. The unit price bid shall be compensation in full for all labour, materials and equipment to carry out the Work as described herein.

2.3 Subsequent Mowing of Grass Including Trimming, debris and litter pick-up 3.25 m from either edge of

the paved bike trail Appendix "C" - Price Form Item No. 3

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2.3.1 The Vendor shall be required to carry out this item as set out in the schedule shown in Appendix "D" – Scheduling.

2.3.2 Payment shall be made by the area mowed in hectares (ha) as measured which shall be verified by the

Vendor. The unit price bid shall be compensation in full for all labour, materials and equipment to carry out the Work as described herein.

2.4 Smog Alert Response Plans Delays

Appendix "C" - Price Form Item No. 4

2.4.1 This Provisional Item shall be used only to pay for a documented Smog Alert Response Plans Delay. 2.4.2 The Vendor when notified, by the City Representative, that the Smog Alert Response Plan has been

implemented, shall suspend all operations while the Alert is in effect and shall reschedule such operations, once the Alert has been cancelled.

2.4.3 Payment for this Work will be made at the unit Bid price and shall include labour, materials, equipment and

overhead. The Vendor will not be entitled to any additional payment. 2.4.4 The Vendor is encouraged to phone the smog alert phone line at (416) 392-0808 for updates on the status of

the watch. For more information about smog and the City’s smog alert program, please visit www.city.toronto.on.ca. For more information on the current air quality induct, visit the Ministry of the Environment’s Web site at www.airqualityontario.com or phone (416) 246-0411 or 1-800-378-7768.

2.5 Supply A (3) Three-Person Crew to Pick-Up Debris And Litter As Directed

Appendix "C" - Price Form Item No. 5

2.5.1 This Provisional item (if used) shall include a crew of three (3) persons to pick-up debris and litter as directed by the City Representative.

2.5.2 This Work is not part of the pick-up of debris and litter prior to mowing the grass. The Vendor shall inspect

the total area and remove hazards and debris such as wire, sod pegs, bottles, cans, rocks, metal objects, tires, tree branches of all sizes, paper, etc. These items will be placed in the pick-up box or in durable plastic bags to be supplied by the Vendor and an identification sticker supplied by the City Representative attached on site and taken to the nearest Solid Waste Disposal Site at no cost to the City on a daily basis for disposal. The cleanup of debris and litter within the limits of this Contract includes mowed and hand trimmed areas and shall be completed in a timely manner. This item shall be used only as directed by the City Representative.

2.6 Herbicide Spraying Including all Materials, Services, Equipment and Labour

Appendix "C" – Price Form Item No. 6

2.6.1 This Provisional item (if used) shall be utilized in early spring and late fall, or as directed by the City Representative.

2.6.2 This item includes the spraying of the vegetation in the hydro corridor marked out for mowing in the

drawings. No herbicide is to be applied in areas marked as TRCA areas. 2.6.3 The Vendor shall be required to include all traffic control required to support the operations as per the current

OTM Book 7 as a minimum, at no additional cost to the City of Toronto. 2.6.4 The Vendor shall visually check the spray sites for the presence of standing water 24 hours in advance of

spraying and document these locations as "no spray areas" and have that information relayed to the spraying crew. All locations identified as having standing water present shall be revisited on a weekly basis until the completion date to check for the presence of standing water. If no standing water is present it will be

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expected that the location will be sprayed and documented. The City Representative shall receive a copy of the no spray areas each week until the completion date.

2.7 Contingency Appendix "C" – Price Form Item No. 7 2.7.1 This Provisional Sum shall be used only at the discretion and direction of the City Representative to cover the

cost of any extra Work required. This item will only cover Work that is not covered by a Contract item in the Price Form. The Work will be done on a cost-plus basis as outlined in Appendix "B", and under the rates submitted with the Price Form.

2.7.2 Note: The Term of payment for labour and supervision as outlined in Appendix "B" shall be applied to the

total cost of labour for Work done. 2.8 Provisional Items 2.8 These items shall be used only at the discretion and direction of the City Representative. Some items in

Appendix "C" - Price Form are described as “Provisional”. As stated, payment for Work done under these items will be made on an hourly or crew hour basis. The Vendor will not be entitled to additional payment for overtime, shift premiums, bonus, and “Equipment Standby Time, Personnel Standby Time” or “Float Time”.

3.0 School Areas

3.1 For Work being undertaken within the immediate vicinity of schools, the Vendor shall adhere to the Ontario

Traffic Manual Book 7 – Temporary Conditions – Field Edition, as a minimum. 4.0 Hauling of Excavated Material

4.1 A tarpaulin shall be used for covering trucks which haul excavated material in accordance with Section 4 of

By-Law No. 20298 (the Garbage By-Law). 5.0 Occupation Permit

5.1 Upon Award of the Contract and before commencement of Work, the Vendor shall apply for a Street

Occupation Permit at the following Transportation Services, Right of Way Management locations:

a) Scarborough District: Scarborough Civic Centre, 150 Borough Drive, 2nd Floor, Toronto, Ontario, M1P 4N7.

b) North York District: North York Civic Centre, 5100 Yonge Street, 4th Floor, Toronto, Ontario, M2N

5V7.

6.0 Notices, Permits and Licences

6.1 The attention of the Vendor is directed to the General Conditions relating to obtaining all licenses and permits required by law, statutes and regulations.

6.2 The Vendor shall give all necessary notices, shall apply for all permits, licenses and inspections and shall pay

all fees for such notices, permits, licenses and inspections required to complete the Work, prior to the commencement of the said Work.

6.3 The Vendor shall notify the City Representative before any application for a license or permit is made in

order that the City Representative may be represented if he/she so elects when such application is made.

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7.0 Property Bars

7.1 The Vendor’s attention is directed to the General Conditions "Survey Stakes, Lines and Levels" and specifically

to Protection of Right-of-Way Property Bars. All expenses incurred by the City in replacing property bars will be charged to the Vendor.

8.0 Trans-Northern, Interprovincial, Sarnia Products and Sun-Canadian Oil Pipelines

8.1 The Vendor shall note that for any location where Trans-Northern, Interprovincial, Sarnia Products and Sun-

Canadian Oil Pipelines are situated in the right-of-way, no Work shall commence in this area until the Vendor has obtained the necessary permit for approval of Work. It shall be the Vendor’s responsibility to contact each pipeline company for a stakeout of these utilities and make arrangements to have their inspectors on-site at all times during Work within these areas.

8.2 The cost of any inspection will be borne by the Vendor. Excavation shall be done in a manner that meets the

requirements as set out in the permit, the national energy board regulations and any additional requirements as determined by the pipeline inspectors. The cost of the inspection will be borne by the Vendor. Work in the vicinity of the pipelines shall not begin until the City Representative has received a copy of all permits from the Vendor.

Trans-northern stakeout phone: 1-(800)-361-0608 (Emergency Line) 905-678-2261 X 309 (Non-Emergency line) Enbridge Gas stakeout phone: 1-866-763-5427 Enbridge Liquid Crude Oil phone: 1-519-337-8490 (Emergency Line) Stakeout 1-877-420-8800 (Emergency Line) Sun-Canadian stakeout phone: 1-905-690-5617 (Direct Line)

1-800-263-6641 (Alternate Line-Main) Sarnia Products stakeout phone: (905) 689-6652 (call collect)

12.0 Holdback 12.1 The Vendor shall note that a 10 percent (10%) holdback will be held by the City for each progress payment

made to the Vendor. This shall take place every season for the duration of the Contract. This 10 percent (10%) holdback will be released to the Vendor at the end of each season providing the following requirements have been met by the Vendor:

- The advertisement of the completion of the Work in the Daily Commercial News. - The submission of a Statutory Declaration of Payment that all Sub-Contractors were paid - The submission of a copy of the advertisement which appeared in the Daily Commercial News

- The submission of a current WSIB Certificate

12.2 The 10 percent (10%) holdback will be released after 45 days has passed from the date of the advertisement appearing in the Daily Commercial News. The Vendor may be required to fulfill further obligations as directed by the City Representative before the holdback is released.

12.3 The Vendor must submit a Release Letter releasing the City from all further claims relating to this Contract.

13.0 Conformance to Specifications

13.1 The Vendor shall note that any Work carried out which is not in accordance with the specifications or as

directed by the City Representative, the said Work shall be halted until such time that the Vendor performs the Work in a manner which is acceptable to the City Representative. The Vendor will have no right to make any claim for any such Work halted.

13.2 If any conflict arises the City Representative's decision shall be final.

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14.0 Liquidated Damages

14.1 The Vendor recognizes and agrees that the City will suffer financial loss if the Work is not completed as

specified in this Quotation. The Vendor also recognizes the delays, expenses and difficulties involved in proving the actual loss suffered by the City if the Work is not completed as specified. Accordingly, instead of requiring any such proof, the Vendor agrees that as liquidated damages (but not as a penalty) the Vendor shall pay to the City the sum as specified as liquidated damages and it is further expressly acknowledged and agreed by the Vendor that:

a) this amount is a reasonable estimate of the actual damage that will be incurred by the City due to any

failure to complete the Work as specified by this Quotation;

b) the City may deduct the amount due from any monies that may be due or payable to the Vendor , whether under this Quotation or any other agreement ; and

c) the liquidated damages provided for in this section shall be without prejudice to any other remedy to

which the City is entitled at law or in equity.

Clause Description Liquidated Damage

3.3.3 Leaving bags of litter on the right-of way in excess of twenty-four (24) hours

$100.00/day until the bags are removed

3.3.6 Failure to complete each cut by the Scheduled date. This shall also apply when the schedules are changed.

$100.00/day until all Work is completed

1.4.3 Failure to start the trimming as described within twenty-four (24) hours after the main cutting is started.

$300/day until the trimming is started

1.4.4

Damages caused to the trees due to trimming around the trees.

$50/tree

18.2.1.2 Not cutting in a continuous manner once any cut has been started. Not showing up, unless permission in writing has been granted by the City Representative.

$200/day

2.1.3 Failure to remove any trimmings on the roadway or sidewalk or as directed by the City Representative.

$100/day until the trimmings are removed

2.1.13

Failure to contact Supervisor, Maintenance Contract

$100/occurrence/day

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Inspection, if grass cutting crew delayed or not reporting to Work.

2.1.16 Failure to remove hazards and pick up debris and litter prior to starting a cut.

$100/occurrence/day/cut

2.1.20 Not starting the cut or finishing each cut early. This shall also apply when the schedules are changed.

$100/day for each day started or finished early according to the schedule.

18.3.9

Failure to comply with any Working restrictions.

$500/occurrence

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BID BOND (see Section 6.5)

BOND NO:

KNOW ALL MEN BY THESE PRESENTS that we

herein called the "Principal"

- and -

herein called the "Surety"

are jointly and severally held and firmly bound unto the City of Toronto, hereinafter called the "City", each, in the penal sum of

$___________

of lawful money of Canada, to be paid to the City or to its successors or assigns for which payment well and truly to be made, we jointly and severally bind ourselves, our and each of our several and respective executors, administrators, successors and assigns and every of them forever firmly by these presents.

SEALED with our several and respective seals.

DATED this day of 20

WHEREAS the said Principal is herewith submitting to the City its Submission for

RFQ No. 3707-17-0081

and the said RFQ provides that it is to continue open to acceptance and to be irrevocable until the formal contract is executed by the successful Bidder.

NOW the condition of this obligation is such that if, on acceptance of the RFQ of the aforesaid Principal in accordance with the terms and conditions of said RFQ within 90 days from the Closing Deadline of the RFQ, the said Principal shall, within the time required, enter into a formal contract and give good and sufficient bonds required by the said RFQ to secure

(i) the performance of the terms and conditions of the contract, and

(ii) payment for certain labour and materials,

both in the forms required by the City then this obligation shall be void; otherwise the Principal and Surety will pay unto the City the difference in money between the total amount of the RFQ of the said Principal and the sums of the amount for which the City legally contracts with another party to perform the work and for which the City of Toronto may expend or for which it may become liable by reason of such default or failure, including the cost of any advertisement for new RFQs if the latter sums of the amount be in excess of the former; but in no event shall the Surety's liability exceed the penal sum hereof.

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AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable as Principal and that nothing of any kind or matter whatsoever that will not discharge the Principal shall operate as a discharge or release of liability of the Surety, any law or usage relating to the liability of Sureties to the contrary notwithstanding.

SEALED AND DELIVERED )

in the presence of )

)

) Principal

)

)

)

) Surety  

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SCHEDULING Form 6

1.0 General Requirements 1.1 The following schedules will apply if the City decides to do six (6) or seven (7) cut in any given year. This

decision will be based on funding considerations. 1.2 The City Representative reserves the right to change the below noted dates for each scheduling year and the

order of cuts, at any time and for any reason. The Vendor will not be entitled to any additional payment for any such changes.

1.3 The Vendor is advised that the sequence of operations to be followed is:

a) all debris and litter, regardless of source to be picked up; b) tractor mower Work (if any); c) hand mower Work and trimming; d) thoroughly clean all equipment prior to moving to next location.

1.4 The above shall be at the discretion of the City Representative. 1.5 The yearly tentative schedules can be found below.

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2017: Tentative Scheduling

Maintenance on the Hydro Corridor Trail, Scarborough and North York District

As Shown in Figure #3, 3.25 m on Either Side of the Paved Bike Trail (Scarborough) As Shown in Figures #1, 2, 3 and 4, 3.25 m on Either Side of the Paved Bike Trail (North York)

Schedule for Six Cuts: May 01 to May 19, 2017

Complete 1st cut

BREAK FOR TWO WEEKS June 05 to June 23, 2017

Complete 2nd cut

BREAK FOR TWO WEEKS July 10 to July 14, 2017

Complete 3rd cut (1st Bike Trail)

BREAK FOR THREE WEEKS August 08 to August 25, 2017

Complete 4th cut

BREAK FOR THREE WEEKS September 18 to September 22, 2017 BREAK FOR THREE WEEKS October 16 to November 3, 2017 Schedule for Seven Cuts:

Complete 5th cut (2nd Bike Trail) Complete 6th cut

May 01 to May 19, 2017 Complete 1st cut BREAK FOR TWO WEEKS June 05 to June 09, 2017 Complete 2nd cut (1st Bike Trail) BREAK FOR TWO WEEKS June 26 to July 14, 2017 Complete 3rd cut BREAK FOR TWO WEEKS July 31 to August 04, 2017 Complete 4th cut (2nd Bike Trail) BREAK FOR TWO WEEKS August 21 to September 08, 2017 Complete 5th cut BREAK FOR TWO WEEKS September 25 to September 29, 2017 Complete 6th cut (3rd Bike Trail) BREAK FOR TWO WEEKS October 16 to November 03, 2017 Complete 7th cut

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2018: Tentative Scheduling

Maintenance on the Hydro Corridor Trail, Scarborough and North York District

As Shown in Figure #3, 3.25 m on Either Side of the Paved Bike Trail (Scarborough) As Shown in Figures #1, 2, 3 and 4, 3.25 m on Either Side of the Paved Bike Trail (North York)

Schedule for Six Cuts: May 07 to May 25, 2018

Complete 1st cut

BREAK FOR TWO WEEKS June 11 to June 29, 2018

Complete 2nd cut

BREAK FOR TWO WEEKS July 16 to July 20, 2018

Complete 3rd cut (1st Bike Trail)

BREAK FOR THREE WEEKS August 13 to August 31, 2018

Complete 4th cut

BREAK FOR THREE WEEKS September 24 to September 28, 2018 BREAK FOR THREE WEEKS October 22 to November 09, 2018 Schedule for Seven Cuts: May 07 to May 25, 2018 BREAK FOR TWO WEEKS June 11 to June 15, 2018 BREAK FOR TWO WEEKS July 03 to July 20, 2018 BREAK FOR TWO WEEKS August 06 to August 10, 2018 BREAK FOR TWO WEEKS August 27 to September 14, 2018 BREAK FOR TWO WEEKS October 01 to October 05, 2018 BREAK FOR TWO WEEKS October 22 to November 09, 2018

Complete 5th cut (2nd Bike Trail) Complete 6th cut Complete 1st cut Complete 2nd cut (1st Bike Trail) Complete 3rd cut Complete 4th cut (2nd Bike Trail) Complete 5th cut Complete 6th cut (3rd Bike Trail) Complete 7th cut

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2019: Tentative Scheduling

Maintenance on the Hydro Corridor Trail, Scarborough and North York District

As Shown in Figure #3, 3.25 m on Either Side of the Paved Bike Trail (Scarborough) As Shown in Figures #1, 2, 3 and 4, 3.25 m on Either Side of the Paved Bike Trail (North York)

Schedule for Six Cuts: May 06 to May 24, 2019 BREAK FOR TWO WEEKS June 10 to June 28, 2019 BREAK FOR TWO WEEKS July 15 to July 19, 2019 BREAK FOR THREE WEEKS August 12 to August 30, 2019 BREAK FOR THREE WEEKS September 23 to September 27, 2019 BREAK FOR THREE WEEKS October 21 to November 08, 2019 Schedule for Seven Cuts: May 06 to May 24, 2019

Complete 1st cut Complete 2nd cut Complete 3rd cut (1st Bike Trail) Complete 4th cut Complete 5th cut (2nd Bike Trail) Complete 6th cut Complete 1st cut

BREAK FOR TWO WEEKS June 10 to June 14, 2019

Complete 2nd cut (1st Bike Trail)

BREAK FOR TWO WEEKS July 02 to July 19, 2019

Complete 3rd cut

BREAK FOR TWO WEEKS August 05 to August 09, 2019

Complete 4th cut (2nd Bike Trail)

BREAK FOR TWO WEEKS August 26 to September 13, 2019 BREAK FOR TWO WEEKS September 30 to October 04, 2019 BREAK FOR TWO WEEKS October 21 to November 08, 2019

Complete 5th cut Complete 6th cut (3rd Bike Trail) Complete 7th cut

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SUBCONTRACTING Form 7

1.0 General Requirements 1.1 The Vendor shall keep the Work under control.

1.2 The Vendor who proposes to subcontract any portion of the Work must have completed the respective List of Subcontractors that is included in the Quotation. The Vendor shall indicate the Workers’ Compensation Board number and Toronto License number as issued by the Municipal Licensing and Standards Division, Urban Planning & Development Services for each Worker.

1.3 After the Award of the Contract, the Vendor shall not subcontract any portion of the Work to any

subcontractor not named in the list of subcontractors as aforesaid without the consent of the City. 1.4 The fact that the Vendor is permitted to subcontract any portion of the Work as aforesaid shall not, however,

relieve any responsibility for the proper commencement, execution and completion of the Work according to the terms of the Contract. The Vendor shall be fully responsible for the subcontractor. The Vendor shall receive all notices, communications, orders, instructions or legal service.

1.5 The Vendor is responsible for all equipment supplied for this Work.

List of Subcontractors:

Name, Address and Telephone No.

of Subcontractor

Workplace Safety & Insurance

Board No.

Toronto License No. and Type

( if applicable )

Work to be Subcontracted

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SCARBOROUGH DISTRICT HYDRO CORRIDOR AREA MAPS

Form 8

Detailed maps commence on the following page.

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NORTH YORK DISTRICT HYDRO CORRIDOR AREA MAPS

Form 9

Detailed maps commence on the following page.

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AREA 1

AREA 2

AREA 3 AREA 6AREA 5

AREA 4

LESL

IE S

T

YONG

E ST

BAYV

IEW AV

E

JANE

ST

FINCH AVE WBA

THUR

ST S

T

WILSON AVE

KEEL

E ST

STEELES AVE W

DON

MILL

S RD

VICT

ORIA

PARK

AVE

FINCH AVE E

YORK MILLS RD

STEELES AVE E

AVEN

UE R

D

EGLINTON AVE EEGLINTON AVE W

LAWRENCE AVE W LAWRENCE AVE E

DUFF

ERIN

ST

CALE

DONI

A RD

WILL

OWDA

LE AV

E

ALNE

SS S

T

SENL

AC R

D

NORF

INCH

DR

WILM

INGT

ON AV

E

OVERLEA BLVD

DUFF

ERIN

ST

FIGURE ONEMAP OF NORTH YORK DISTRICT

HYDRO CORRIDOR TRAILS

LegendHYDRO CORRIDOR TRAILS

MAINTAINED AREAUNMAINTAINED AREA

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FIGURE TWOMAPS OF NORTH YORK DISTRICTHYDRO CORRIDOR TRAILS

LEGENDMAINTAINED AREAUNMAINTAINED AREA

AREA 1 = 7.9ha

AREA 2 = 5.3ha

AREA 3 = 6.1ha

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FIGURE THREEMAPS OF NORTH YORK DISTRICTHYDRO CORRIDOR TRAILS

LEGENDMAINTAINED AREA

UNMAINTAINED AREA

AREA 4 = 5.6ha

AREA 5 = 18.7 ha

AREA 6 = 26.6haWILLOWDALE AVE

MAXOME AVE

BAYVIEW AVE

BISHOP AVE

PINEWAY BLVD

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Trail to be Completedin Spring 2017

FIGURE 4Gatineau Trail Extension - Spring 2017:

Victoria Park Ave to Eglinton Ave E

.Prepared by: Transportation Services - NY Road OpsDate: March 3, 2017

Total Area = 0.325 ha(500m length x 6.5m width)

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APPENDIX E - CITY POLICY COMPLIANCE FORMS (Also See City Policies Listed in Appendix "E1")

POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST To ensure Fair and Equal Treatment in its competitive procurements, the City of Toronto will undertake to:

- disallow bidders/proponents from submitting a bid to any Tender, Quotation, or Proposal call in which the bidder/proponent has participated in the preparation of the call document; and

- a bidder/proponent who fails to comply will result in disqualification of their response to the call/request. Did you, the Bidder, assist the City of Toronto in the preparation of this Request for Quotation call? Specify: Yes _____ No _____

PURCHASE OF PRODUCTS MANUFACTURED IN FACTORIES WHERE CHILDREN ARE USED AS SLAVE LABOUR OR OTHER EXPLOITIVE CIRCUMSTANCES WHICH IMPEDES CHILD DEVELOPMENT (if applicable) Purpose: To advise suppliers that the City of Toronto does not wish to encourage the use of products manufactured in factories where children are used as slave labour or other exploitive circumstances which impedes child development. Policy: Bidders must state where the products offered have been made. City Council does not wish to see products used that have been made in factories in countries where children are used as slave labour or other exploitive circumstances, which impedes child development. Therefore, preference will be given to bidders that obtain products from any country other than the aforementioned, but this criteria will not be used to disqualify any bidder. Bidders must state where the products offered have been made: _______________________ (Specify) Bidders to state if products offered have been made in factories in countries where children are used as slave labour or other exploitive circumstances which impedes child development: ____________________ (Specify)

This policy will be considered in the evaluation of all Bids received.

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ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT (if applicable) For a copy of the City of Toronto Environmentally Responsible Procurement Policy, please download a copy of the Policy at http://www.toronto.ca/calldocuments/pdf/environment_procurement.pdf State if environmentally preferred products/service is being offered: YES______ NO______ State briefly the environmental benefit of the product/service offered: ____________________________________________________________________________________ ______________________________________________________________________________

RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTO MANAGEMENT EMPLOYEES FOR CITY CONTRACTS (if applicable) Respondents are to state the name(s) of any former City of Toronto management employee(s) hired/used by your firm, if any, who have left the employ of the City or its special purpose bodies within the last two years. Specify: ________________________________________________________________________________ This policy will be considered in the evaluation of all submissions received by the City of Toronto.

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APPENDIX “E1” – APPLICABLE CITY POLICIES

For a copy of the City of Toronto Procurement Policies, please download a copy of the Policy by clicking any of the links as provided below or by visiting the following website (www.toronto.ca/purchasing/policies):

(1) FAIR WAGE POLICY*

*Fair Wage Policy – (extracted from Schedule A of the City of Toronto Municipal Code, Chapter 67) FW R (10/07)

The policy and schedules are available on the Fair Wage Office website – www.toronto.ca/fairwage LABOUR TRADES CONTRACTUAL OBLIGATIONS IN THE CONSTRUCTION INDUSTRY* Labour Trades Contractual Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67)

(2) ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE TRAINING REQUIREMENTS POLICY

(3) POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION

OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST

(4) CONFLICT OF INTEREST POLICY

(5) PURCHASE OF PRODUCTS MANUFACTURED IN FACTORIES WHERECHILDREN ARE USED AS SLAVE LABOUR OR OTHER EXPLOITIVE CIRCUMSTANCES WHICH IMPEDES CHILD DEVELOPMENT

(6) ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT

(7) POLICY ON DONATIONS TO THE CITY FOR COMMUNITY BENEFITS

(8) RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTO MANAGEMENT

EMPLOYEES FOR CITY CONTRACTS

(9) RIGHT TO REJECT DEBTORS AND SET OFF POLICY

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APPENDIX “E2” – FAIR WAGE SCHEDULE

The Fair Wage Schedule that is applicable to this Call is the:

General Classification

Please review a copy of the Fair Wage Schedule applicable to this Call. The Fair Wage Schedules can be found at the following website:

http://www.toronto.ca/fairwage

In the event that other Fair Wage Schedules may overlap the Work covered by this Contract or if you have any questions with respect to the Fair Wage Policy or the Fair Wage Schedules please contact the Fair Wage Office by:

Tel: (416) 392-7300 Fax:(416) 392-0801 E-Mail: fairwage@toronto.ca

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APPENDIX 'F' - General Conditions

Table of Contents

GC 1.0 – Interpretation GC 1.01 Captions ...................................................................................................... 4 GC 1.02 Abbreviations............................................................................................... 4 GC 1.03 Gender and Singular References................................................................ 4 GC 1.04 Definitions.................................................................................................... 5 GC 1.05 Interpretation of Certain Words .................................................................. 10 GC 1.06 Language of the Contract ........................................................................... 10 GC 2.0 – Contract Documents GC 2.01 Reliance on Contract Documents – Underground Structures and Utilities..................................................................................................... 10 GC 2.02 Order of Precedence.................................................................................... 10 GC 3.0 – Administration of Contract GC 3.01 Contract Administrator’s Authority............................................................... 11 GC 3.02 Right of the Contract Administrator to Modify Methods and Equipment ... 13 GC 3.03 Emergency Situations ................................................................................. 13 GC 3.04 Layout.......................................................................................................... 14 GC 3.05 Working Area............................................................................................... 14 GC 3.06 Extension of Contract Time.......................................................................... 14 GC 3.07 Delays ......................................................................................................... 14 GC 3.08 Assignment of Contract .............................................................................. 15 GC 3.09 Subcontracting by the Contractor................................................................ 15 GC 3.10 Changes in the Work .................................................................................. 16 GC 3.11 Notices ....................................................................................................... 17 GC 3.12 Use and Occupancy of the Work Prior to Substantial Performance .......... 17 GC 3.13 Claims, Negotiations, Mediation.................................................................. 17 GC 3.13.01 Continuance of the Work......................................................................... 17 GC 3.13.02 Record Keeping....................................................................................... 17 GC 3.13.03 Claims Procedure.................................................................................... 18 GC 3.13.04 Negotiations ........................................................................................... 18 GC 3.13.05 Mediation................................................................................................. 19 GC 3.13.06 Payment ................................................................................................. 19 GC 3.13.07 Rights of Both Parties.............................................................................. 19 GC 3.14 Arbitration .................................................................................................... 19 GC 3.14.01 Conditions for Arbitration ........................................................................ 19 GC 3.14.02 Arbitration Procedure .............................................................................. 20 GC 3.14.03 Appointment of Arbitrator ........................................................................ 20 GC 3.14.04 Costs ....................................................................................................... 21 GC 3.14.05 The Decision ........................................................................................... 21 GC 3.15 Archaeological Finds .................................................................................... 21 GC 3.16 Changed Geotechnical or Subsurface Conditions …................................ 21

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GC 4.0 – Owner's Responsibilities and Rights GC 4.01 Working Area............................................................................................. 22 GC 4.02 Approvals and Permits .............................................................................. 22 GC 4.03 Management and Disposition of Materials ................................................ 22 GC 4.04 Construction Affecting Railway Property ................................................... 23 GC 4.05 Default by the Contractor ......................................................................... 23 GC 4.06 Notification of Default ............................................................................... 24 GC 4.07 Contractor's Right to Correct a Default...................................................... 24 GC 4.08 Owner's Right to Correct Default or Terminate the Contract ..................... 24 GC 4.09 Final Payment to Contractor ...................................................................... 25 GC 4.10 Continuation of Contractor's Obligations ................................................... 25 GC 4.11 Owner's Right to Request Documents ...................................................... 25 GC 5.0 – Material GC 5.01 Supply of Material..................................................................................... 25 GC 5.02 Quality of Material ..................................................................................... 25 GC 6.0 – Protection and Damage GC 6.01 Protection of Work, Persons and Property ................................................ 26 GC 6.02 Indemnification .......................................................................................... 27 GC 6.03 Bonding…………....................................................................................... 28 GC 7.0 – Contractor’s Responsibilities and Control of the Work GC 7.01 General...................................................................................................... 29 GC 7.02 Layout........................................................................................................ 32 GC 7.02.01 Layout by Contractor............................................................................. 32 GC 7.02.02 Layout by Owner .................................................................................. 33 GC 7.03 Damage by Vehicles or Other Equipment................................................. 33 GC 7.04 Excess Loading of Motor Vehicles ............................................................ 34 GC 7.05 Condition of the Working Area .................................................................. 34 GC 7.06 Maintaining Roadways and Detours .......................................................... 34 GC 7.07 Access to Properties Adjoining the Work and Interruption of Utility Services..................................................................................................... 35 GC 7.08 Approvals and Permits .............................................................................. 36 GC 7.09 Suspension of Work .................................................................................. 36 GC 7.10 Contractor's Right to Stop the Work or Terminate the Contract ................ 36 GC 7.11 Notices by the Contractor.......................................................................... 36 GC 7.12 Obstructions .............................................................................................. 37 GC 7.13 Limitations of Operations ........................................................................... 37 GC 7.14 Cleaning Up Before Acceptance............................................................... 37 GC 7.15 Warranty.................................................................................................... 37 GC 7.16 Contractor's Workers................................................................................. 38 GC 7.17 Resident or property owner complaints or claims ..................................... 38 GC 7.18 Contractor’s responsibility for drainage .................................................... 38 GC 8.0 – Payment

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GC 8.01 Payment ...................................................................................................... 38 GC 8.01.01 Payment for Work................................................................................... 38 GC 8.01.02 Certification and Payment ...................................................................... 39 GC 8.01.02.01 Progress Payment Certificate............................................................ 39 GC 8.01.02.02 Certification of Subcontract Completion ........................................... 39 GC 8.01.02.03 Subcontract Statutory Holdback Release Certificate and Payment . 39 GC 8.01.02.04 Certification of Substantial Performance ........................................... 40 GC 8.01.02.05 Substantial Performance Payment and Substantial Performance Statutory Holdback Release Payment Certificates ........................................ 40 GC 8.01.02.06 Certification of Completion ................................................................ 41 GC 8.01.02.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates....................................................................................... 41 GC 8.01.02.08 Owner's Set-off ................................................................................. 42 GC 8.01.03 Payment on a Time and Material Basis.................................................. 42 GC 8.01.03.01 Definitions.......................................................................................... 42 GC 8.01.03.02 Daily Work Records........................................................................... 43 GC 8.01.03.03 Payment for Work.............................................................................. 44 GC 8.01.03.04 Payment for Labour........................................................................... 44 GC 8.01.03.05 Payment for Material ........................................................................ 44 GC 8.01.03.06 Payment for Equipment..................................................................... 44 GC 8.01.03.06.01 Working Time ............................................................................... 44 GC 8.01.03.06.02 Standby Time ............................................................................... 44 GC 8.01.03.07 Payment for Hand Tools.................................................................... 45 GC 8.01.03.08 Payment for Work By Subcontractors .............................................. 45 GC 8.01.03.09 Submission of Invoices...................................................................... 45 GC 8.01.03.10 Payment Other Than on a Time and Material Basis ......................... 46 GC 8.01.03.11 Payment Inclusions ........................................................................... 46 GC 8.01.04 Payment of Workers............................................................................... 46 GC 8.01.05 Records ................................................................................................. 46 GC 8.01.06 Taxes and Duties .................................................................................. 47

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GC 1.0 Interpretation GC # 1.01 Captions .01 The captions appearing in these General Conditions have been inserted as a matter of

convenience and for ease of reference only and in no way define, limit or enlarge the scope or meaning of the General Conditions or any provision hereof.

1.02 Abbreviations .01 For the purposes of the Contract Documents where used anywhere in the Contract

Documents, the following abbreviations shall have the corresponding meanings: "AASHTO" -American Association of State Highway Transportation

Officials “ACI” -American Concrete Institute "ANSI" -American National Standards Institute "ASTM" -American Society for Testing and Materials "AWG" -American Wire Gauge "AWWA" -American Water Works Association “CCIL” -Canadian Council of Independent Laboratories "CESA" -Canadian Engineering Standards Association "CGSB" -Canadian General Standards Board "CSA" -Canadian Standards Association "CWB" -Canadian Welding Bureau "GC " -General Condition "MOE" -Ministry of the Environment (Ontario) "MTO" -Ontario Ministry of Transportation "MUTCD" -Manual of Uniform Traffic Control Devices, published by

MTO “NSF” -NSF International "OPS" -Ontario Provincial Standard "OPSD" -Ontario Provincial Standard Drawing "OPSS" -Ontario Provincial Standard Specification “OTM” -Ontario Traffic Manual "PEO" -Professional Engineers Ontario "SAE" -Society of Automotive Engineers "SSPC" -Structural Steel Painting Council "THESL" -Toronto Hydro Energy Services Limited “TRCA” -Toronto Region Conservation Authority "UL" -Underwriters Laboratories "ULC" -Underwriters Laboratories Canada

1.03 Gender and Singular References .01 References to the masculine or singular throughout the Contract Documents shall be

considered to include the feminine and the plural and vice versa as the context requires.

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1.04 Definitions

.01 For the purposes of the Contract Documents the following definitions shall apply:

Actual Measurement means a field measurement approved by the Contract Administrator with respect to an item of Work.

Addenda mean any additions or changes in the tender documents issued by the Owner prior to tender closing.

Base means a layer of material of specified type and thickness placed immediately below the Pavement, driving surface, finished grade, curb and gutter or sidewalk.

Bid means an offer in writing from the Contractor to complete the Work, submitted in accordance with the Tender Call.

Certificate of Subcontract Completion means the certificate issued by the Contract Administrator in accordance with paragraph GC 8.02.03.02, Certificate of Subcontract Completion.

Certificate of Substantial Performance means the certificate issued by the Contract Administrator at Substantial Performance.

Change Directive means a written instruction signed by the Owner, or by the Contract Administrator where so authorized, directing the Contractor to proceed with a Change in the Work .

Change in the Work means the deletion, extension, increase, decrease or alteration of lines, grades, dimensions, quantities, methods, drawings, changes in the character of the Work to be done or materials of the Work or part thereof, including changes in geotechnical, subsurface, surface or other conditions.

Change Order means a written amendment to the Contract signed by the Owner, or the Contract Administrator where so authorized, and the Contractor, covering contingencies, a Change in the Work, and establishing the basis for payment and the time allowed for the adjustment of the Contract Time, if any.

City means the City of Toronto

Completion has the meaning as set out in the Construction Lien Act, R.S.O. 1990, c. C.30, as amended;

Completion Certificate means the certificate issued by the Contract Administrator at Completion.

Completion Payment Certificate means the certificate described more particularly in paragraph GC 8.02.03.07

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Contract means the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents.

Contract Administrator means the person, partnership or corporation designated by the Owner to be the Owner's representative for the purposes of the Contract.

Contract Documents mean the executed agreement between the Owner and the Contractor, including its various schedules, the Tender Call, the General Conditions, the Specific Conditions, Standard Specifications, Special Specifications, Contract Drawings, Addenda, such other documents as may be listed in the agreement and any Change Orders.

Contract Drawings or Contract Plans mean drawings or plans, any Geotechnical Report, any Subsurface Report and other reports and information provided by the Owner for the Work, and without limiting the generality thereof, may include soil profiles, foundation investigation reports, reinforcing steel schedules, aggregate sources lists, cross-sections and Standard Drawings.

Contract Price means the amount payable by the Owner to the Contractor for Work to be completed under the Contract in accordance with the method and manner of payment stipulated in the Contract Documents and the unit prices or lump sum prices tendered by the Contractor, and includes any additional amounts payable for approved Changes in the Work as provided for and authorised in the Contract Documents.

Contract Time means the time stipulated in the Contract Documents for Completion of the Work, including any extension of time made pursuant to the Contract Documents.

Contractor means the person, partnership or corporation undertaking the Work as identified in the Contract Documents.

Controlling Operation means any component of the Work that, if delayed, may delay the completion of the Work.

Cut-off Date means the date up to which payment may be made for Work performed.

Daily Work Records means daily records detailing the number and categories of workers and hours worked and on standby, types and quantities of Equipment and number of hours in use and on standby, and description and quantities of Material utilized. Day means a calendar day.

Drawings or Plans mean any Contract Drawings or Contract Plans or any Working Drawings or Working Plans, or any reproductions of drawings or plans pertaining to the Work.

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Equipment means all machinery and equipment used for preparing, fabricating, conveying or erecting the Work and commonly referred to as "construction machinery" or" equipment".

Estimate means a calculation of the quantity or cost of the Work or part of it depending on the context.

Form of Agreement means the Contract Execution Package Form of Agreement

GC or General Conditions means these general conditions, which shall form part of the Contract Documents;

Geotechnical Report means a report or other information identifying surface and below surface soil, rock and ground water conditions in the area of any proposed Work. Grade means the required elevation of a specific part of the Work.

Hand Tools means tools that are commonly referred to as "tools of the trade" or "implements of the trade" and include small power tools.

Hazardous Material means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable material, explosive material, radioactive material, urea formaldehyde foam insulation, asbestos, polychlorinated biphenyls, coal tar and any other biological or chemical agent, substance or material named, described, declared or defined to be hazardous, toxic, or a contaminant or pollutant in, or pursuant to, any applicable federal, provincial or municipal statutes, by-laws, regulations, codes, agreements, standards or orders. Highway means a common and public highway, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

Lot means a specific quantity of material or a specific amount of construction commonly from a single source and produced by the same process.

Lump Sum Item means a Tender Call item for which payment will be made at a single tendered price rather than based on a measured quantity.

Major Item means any Tender Call item that has a value, calculated on the basis of its actual or estimated Tender Call quantity, whichever is the larger, multiplied by its Tender Call unit price, which is equal to or greater than the lesser of:

i. $100,000, or ii. 5% of the total Tender Call value calculated on the basis of the total of all the estimated Tender Call quantities and the Tender Call unit prices.

Material means material, machinery, equipment and fixtures forming part of the Work.

Owner means the City.

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Pavement means a wearing course or courses placed on the Roadway and consisting of asphaltic concrete, hydraulic cement concrete, Portland cement concrete, or plant or road mixed mulch.

Plan Quantity means that quantity as computed from within the boundary lines of the Work as shown in the Contract Documents.

Progress Payment Certificate means that certificate described in paragraph GC 8.02.03.01, Progress Payment Certificate.

Record means any of the Contractor's books, payrolls, accounts, invoices, receipts or other information or documentation that relates to the Work or any Change in the Work or claims arising therefrom or that are required to identify or calculate taxes paid or payable and any savings resulting from tax changes.

Roadway means that part of the Highway designed or intended for use by vehicular traffic and includes the Shoulders.

Shop Drawing means any drawing, diagram, illustration, schedule, performance chart, scheme, brochure or data which is provided or required to be provided by the Contractor to illustrate specific details of the performance and construction of a portion of the Work. Shoulder means that portion of the Roadway between the edge of the wearing surface and the top inside edge of the ditch or fill slope.

Special Specification means a specification containing requirements specific to the Work that are not included in any Standard Specification or which are intended to supplement, amend or override part or all of a Standard Specification.

Standard Drawing or Standard Specification means a standard practice required and stipulated by the Owner for performance of the Work.

Specific Conditions means that part of the Tender Call referred to as 'Specific Conditions'.

Subbase means a layer of material of specified type and thickness between the Subgrade and the Base.

Subcontractor means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor.

Subgrade means the earth or rock surface, whether in cut or fill, as prepared to support the pavement structure, consisting of Base, Subbase and Pavement.

Substantial Performance has the meaning as set out in the Construction Lien Act, R.S.O. 1990, c. C.30 , as amended.

Substantial Performance Payment Certificate means a payment certificate as defined more particularly in paragraph GC 8.02.03.05.02.

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Subsurface Report means a report or other information identifying the location of Utilities, concealed and adjacent structures and physical obstructions that fall within the Working Area.

Superintendent means the Contractor's authorized representative in charge of the Work and who shall be a “competent person” within the meaning of the definition contained in the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, as amended.

Surety means the person, partnership or corporation, other than the Contractor, licensed in Ontario to transact business under the Insurance Act, R.S.O. 1990, c.i.8, as amended, executing the bond provided by the Contractor and as required by the Contract Documents.

Tender Call means the Tender Call package in its entirety, inclusive of all appendices and Addenda/Addendum that may be issued by the City.

Time and Material means costs calculated according to paragraph GC 8.02.04, Payment on a Time and Material Basis. Utility means an aboveground or underground facility maintained by a municipality, public utility authority or regulated corporation and includes services such as sanitary sewer, storm sewer, water, electric, gas, oil, steam, data transmission, telephone and cable television. Warranty Period means the period of 24 months measured from the date of Substantial Performance or such longer or shorter period as may be specified for certain Materials or some or all of the Work, in the Contract Documents.

Work means the total construction and related services required by the Contract Documents.

Working Area means all the lands and easements owned or acquired by the Owner for the construction of the Work.

Working Day means any Day, a) except Saturdays, Sundays and statutory holidays; b) except a Day as determined by the Contract Administrator, on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom, from proceeding with a Controlling Operation. For the purposes of this definition, this shall be a Day during which the Contractor cannot proceed with at least 60% of the normal labour and Equipment force effectively engaged on the Controlling Operation for at least 5 hours; c) except a Day on which the Contractor is prevented from proceeding with a

Controlling Operation, as determined by the Contract Administrator by reason of, i. any breach of the Contract by the Owner , or another contractor hired by the

Owner, or an employee of any one of them, or by anyone else acting on behalf of the Owner.

ii. non-delivery of Owner-supplied materials.

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iii. any cause beyond the reasonable control of the Contractor that can be substantiated by the Contractor to the satisfaction of the Contract Administrator.

Working Drawings or Working Plans means any Drawings or Plans prepared by the Contractor for the execution of the Work and may, without limiting the generality thereof, include formwork, falsework and shoring plans, Roadway protection plans, Shop Drawings, shop plans or erection diagrams.

1.05 Interpretation of Certain Words .01 The words "acceptable", "approval", "authorized", "considered necessary", "directed",

"required", "satisfactory", or words of like import, shall mean approval of, directed, required, considered necessary or authorized by and acceptable or satisfactory to the Contract Administrator, unless the context clearly indicates otherwise.

1.06 Language of the Contract .01 For the purposes of this Contract, all documents and communications pertaining to

this Contract shall be in the English language. GC 2.0 Contract Documents 2.01 Reliance on Contract Documents – Underground Structures and Utilities .01 The Owner represents that the information furnished in the Contract Documents can be

relied upon, but subject to the following limitations or exceptions:

a) the location of all underground utilities or other structures that may affect the Work shall be shown in any drawing to a tolerance of:

i. 1 meter horizontal and ii. 0.3 meters vertical;

.02 Despite paragraph GC 2.01.01, the Owner does not warrant or make any representation with respect to:

a) interpretations of data or opinions expressed in any Subsurface Report or Geotechnical Report available for the perusal of the Contractor, whether or not such report is included as part of the Contract Documents, and

b) other information specifically excluded from this warranty.

2.02 Order of Precedence .01 In the event of any inconsistency or conflict in the contents of the following documents ,

which form part of the Contract Documents, such documents shall take precedence and govern in the following descending order:

a) Form of Agreement b) Addenda

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c) Pricing Form, which forms part of the Bid d) Special Specifications e) Contract Drawings f) Standard Specifications g) Specific Conditions h) General Conditions i) Working Drawings

Later dates shall govern within each of the above categories of documents.

.02 In the event of any conflict among or inconsistency in the information shown on Drawings, the following rules shall apply:

a) Dimensions shown in figures on a Drawing shall govern where they differ from dimensions scaled from the same Drawing;

b) Drawings of larger scale shall govern those of smaller scale; c) Detailed Drawings shall govern over general Drawings; and d) Drawings of a later date shall govern over those of an earlier date in the same series.

.03 In the event of any inconsistency or conflict in the contents of Standard Specifications,

the following order of precedence shall govern: a) City of Toronto Standard Specifications and Standard Drawings, then b) Ontario Provincial Standard Specifications and Drawings; including any

amendments, then c) Other Standard Specifications, such as those produced by Canadian

Standards Association, Canadian General Standards Board, American Society for Testing and Materials and American National Standards Institute and referenced in the City of Toronto Standard Specifications, Standard Drawings or Ontario Provincial Standard Specifications.

.04 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all.

GC 3.0 Administration of the Contract 3.01 Contract Administrator’s Authority .01 The Contract Administrator shall be the Owner's representative during construction and

until the issuance of the Completion Certificate. Instructions to the Contractor including instructions from the Owner may be issued by the Contract Administrator or the Owner. The Contract Administrator shall have the authority to act on behalf of the Owner to the extent provided in the Contract Documents.

.02 All claims, disputes and other matters in question relating to the performance and the quality of the Work or the interpretation of the Contract Documents shall be referred to the Contract Administrator in writing by the Contractor.

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.03 The Contract Administrator may inspect the Work to evaluate his or her conformity with the Contract Documents, and to record any data deemed necessary by the Contract Administrator or the Owner.

.04 The Contract Administrator shall determine the amounts owing to the Contractor under the Contract and shall issue certificates for payment in such amounts as provided for in paragraph GC 8.0, Payment.

.05 The Contract Administrator shall, with reasonable promptness, review and take appropriate action upon the Contractor's submissions such as Shop Drawings, product data, and samples in accordance with the Contract Documents.

.06 The Contract Administrator shall be entitled to investigate all allegations of a Change in the Work made by the Contractor in writing and issue appropriate instructions.

.07 The Contract Administrator shall prepare Change Directives and Change Orders for the Owner’s approval.

.08 Upon written application by the Contractor, the Contract Administrator and the Contractor shall jointly conduct an inspection of the Work to establish the date of Substantial Performance of the Work or the date of Completion of the Work or both.

.09 The Contract Administrator shall be, in the first instance, the interpreter of the Contract Documents and the judge of the performance thereunder by both parties to the Contract Documents. Interpretations and decisions of the Contract Administrator shall be consistent with the intent of the Contract Documents and in making these decisions the Contract Administrator shall not show partiality to either party.

.10 The Contract Administrator shall have the authority to reject any part of the Work or

Material that does not conform to the Contract Documents. .11 In the event that the Contract Administrator determines that any part of the Work

performed by the Contractor is defective, whether the result of poor workmanship, the use of defective material, or damage through carelessness or other act or omission of the Contractor and whether or not incorporated in the Work or otherwise fails to conform to the Contract Documents, then the Contractor shall when directed by the Contract Administrator promptly, as directed by the Contract Administrator, remove the Work and replace, make good, or re-execute the Work at no additional cost to the Owner.

.12 Any part of the Work destroyed or damaged by such removals, replacements or re-executions shall be made good, promptly, at no additional cost to the Owner.

.13 If, in the opinion of the Contract Administrator, it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, which amount shall be determined in the first instance by the Contract Administrator.

.14 Notwithstanding any inspections made by the Contract Administrator or the issuance of any certificates or the making of any payment by the Owner, the failure of the Contract

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Administrator to reject any defective work or Material shall not constitute acceptance of defective work or Material.

.15 The Contract Administrator shall have the authority to temporarily suspend the Work for such reasonable time as may be necessary, for the following reasons:

a) to facilitate the checking of any portion of the Contractor's construction layout; b) to facilitate the inspection of any portion of the Work; or c) for the Contractor to remedy its non-compliance with any provision

of the Contract Documents.

The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances.

.16 In the case of non-compliance with the provisions of the Contract Documents by the

Contractor, the Contract Administrator shall have the authority to either suspend the Work for such reasonable time as may be necessary to remedy such non-compliance or terminate the Work, at the sole discretion of the Owner. The Contractor shall not be entitled to any compensation for suspension or termination of the Work in these circumstances.

.17 If the Contract Administrator determines that any worker employed on the Work is

incompetent, as defined by the Occupational Health and Safety Act, or is disorderly, then the Contract Administrator shall provide written notice to the Contractor and the Contractor shall immediately remove the worker from the Working Area. Such worker shall not return to the Working Area without the prior written consent of the Contract Administrator.

3.02 Right of the Contract Administrator to Modify Methods and Equipment .01 The Contractor shall, when requested in writing, make alterations in the method,

Equipment or work force at any time the Contract Administrator considers the Contractor's actions to be unsafe, or damaging to either the Work or existing facilities or the environment.

.02 The Contractor shall, when requested in writing, alter the sequence of its operations on the Contract so as to avoid interference with work being performed by others.

.03 Notwithstanding the foregoing, the Contractor shall ensure that all necessary safety precautions and protection are maintained throughout the Work.

3.03 Emergency Situations .01 The Contract Administrator has the right to determine the existence of an emergency

situation, and when such an emergency situation is determined to exist, the Contract Administrator may instruct the Contractor to take action to remedy the situation. If the Contractor does not take timely action, or if the Contractor is not available, the Contract Administrator may direct others to remedy the situation.

.02 If the emergency situation was the fault of the Contractor, the remedial work shall be done at the Contractor's expense. If the emergency situation was not the fault of the Contractor, the Owner shall pay for the remedial work.

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3.04 Layout .01 The Contract Administrator shall provide baseline and benchmark information for the

general location, alignment, and elevation of the Work. The Owner shall be responsible only for the correctness of the information provided by the Contract Administrator.

3.05 Working Area .01 The Contractor shall not enter upon or occupy any private property for any purpose,

unless the Contractor has received prior written permission from the property owner. .02 All benchmarks and survey monuments within the Working Area shall be protected by

the Contractor. In the case of their destruction or removal, such benchmarks and survey monuments shall be replaced by the Owner at the Contractor’s expense.

3.06 Extension of Contract Time .01 An application for an extension of Contract Time shall be made in writing by the

Contractor to the Contract Administrator as soon as the Contractor is of the opinion that such an extension may be required and at least 15 Days prior to the expiration of the Contract Time. The application for an extension of Contract Time shall enumerate the reasons, and state the length of extension required. Neither the Owner nor the Contract Administrator shall be under any obligation to consider an extension of the Contract Time unless the Contractor makes a request for an extension of Contract Time under this paragraph.

.02 Circumstances suitable for consideration of an extension of Contract Time include:

a) Delays, in accordance with paragraph GC 3.07; and b) Changes in the Work, in accordance with paragraph GC 3.10

.03 The Contract Administrator shall, in considering an application for an extension to the Contract Time, take into account whether the delays or Changes in the Work involve a Controlling Operation.

.04 The Contract Time shall be extended for such additional time as may be recommended by the Contract Administrator and deemed fair and reasonable by the Owner.

.05 The terms and conditions of the Contract shall continue for such extension of Contract Time.

3.07 Delays .01 If the Contractor is delayed in the performance of the Work by,

a) war, blockades, and civil commotions, errors in the Contract Documents; b) an act or omission of the Owner or Contract Administrator, or anyone

employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents;

c) the Contract Administrator giving notice as described in paragraph GC 7.09, Suspension of Work;

d) abnormal inclement weather; or

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e) archaeological finds in accordance with paragraph GC 3.15, Archaeological Finds,

then the Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay, provided that in the case of an application for an extension of Contract Time due to abnormal inclement weather, the Contractor shall, with the Contractor's application, submit evidence from Environment Canada in support of such application. Extension of Contract Time will be considered in accordance with paragraph GC 3.06, Extension of Contract Time.

.02 If the Work is delayed by labour disputes, strikes or lock-outs - including lock-outs decreed or recommended to its members by a recognized contractor's association, of which the Contractor is a member or to which the Contractor is otherwise bound - which are beyond the Contractor's control, then the Contract Time shall be extended in accordance with paragraph GC 3.06, Extension of Contract Time. In no case shall the extension of Contract Time be less than the time lost as the result of the event causing the delay, unless a shorter extension is agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are the result of actions of the Owner.

.03 The Contractor shall not be entitled to payment for the cost of delays incurred as a result of a dispute between the Contractor and Owner. The Contractor shall execute the Work and may pursue resolution of the dispute in accordance with paragraph GC 3.13, Claims, Negotiations, Mediations.

3.08 Assignment of Contract .01 The Contractor shall not assign the Contract, either in whole or in part, without the prior

written consent of the Owner, which consent may be withheld or given subject to such terms and conditions as the Owner deems appropriate.

3.09 Subcontracting by the Contractor .01 Subject to paragraph GC 3.09.03, the Contractor may subcontract any part of the Work,

in accordance with the Contract Documents and any limitations specified therein.

.02 The Contractor shall notify the Contract Administrator 10 Days prior to the start of construction, in writing, of the intention to subcontract. Such notification shall identify the part of the Work, and the Subcontractor with whom it is intended.

.03 The Contract Administrator shall, within 10 Days of receipt of such notification, accept or reject the intended Subcontractor. A rejection shall be in writing and shall include the reasons for the rejection.

.04 The Contractor shall not, without the written consent of the Owner, change a Subcontractor who has been engaged in accordance with the Contract Documents.

.05 The Contractor shall preserve and protect the rights of the Owner under the Contract

Documents with respect to that part of the Work to be performed under subcontract and shall,

a) enter into agreements with the intended Subcontractors to require them to perform their work in accordance with the Contract Documents; and

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b) be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor.

.06 The Owner's consent to subcontracting by the Contractor shall not be construed to

relieve the Contractor from any obligation under the Contract and shall not impose any liability upon the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner.

.07 The Contractor and all associated Subcontractors shall be subject to the Owner’s Fair Wage Policy, as adopted by the Owner from time to time, and any of the Owner’s or legislated labour trades requirements. Failure to comply with this policy and/or these requirements, may lead to termination of the Contract, or termination or rejection of a Subcontractor, as the case may be, with no recourse by the Contractor in respect of such termination or rejection.

3.10 Changes in the Work

.01 The Owner, or the Contract Administrator where so authorized, may, by order in writing, make a Change in the Work without invalidating the Contract.

.02 Where a Change in the Work relates solely to quantities of tendered unit price Work items, or where a Change in the Work must be undertaken prior to agreement between the Owner and the Contractor on a change in the Contract Price and/or Contract Time, the Change in the Work may be ordered by a Change Directive. The Contractor shall not be required to proceed with a Change in the Work until in receipt of a Change Directive. Upon the receipt of such Change Directive the Contractor shall proceed with the Change in the Work.

.03 The Contractor may apply for an extension of Contract Time according to the terms of paragraph GC 3.06, Extension of Contract Time.

.04 If the Change in the Work does not relate solely to quantities of unit price Work items in the Tender Call, payment for the Change in the Work shall be made in accordance with:

a) a lump sum price or unit price agreed to between the Contractor and the Contract Administrator prior to commencement of the Change in the Work, in which case the Contract Administrator shall issue a Change Order that states the agreed lump sum price or unit price, as applicable; or

b) the Schedule of Prices for Changes in the Work in the event that the Contract Documents include such a Schedule and the work item required is set out in the Schedule, in which case the Contract Administrator shall issue a Change Order; or

c) the provisions contained in paragraph GC 8.01.03, Payment on a Time and Material Basis.

3.11 Notices .01 Any notice permitted or required to be given to the Contract Administrator or the

Superintendent in respect of the Work shall be deemed to have been given to and received by the addressee on the date of delivery if delivered by hand, email or by facsimile transmission and on the fifth Day after the date of mailing if sent by mail.

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.02 The Contractor and the Owner shall provide each other with the mailing addresses, telephone numbers, email addresses and facsimile terminal numbers for the Contract Administrator and the Superintendent at the commencement of the Work, and update as necessary.

.03 In the event of an emergency situation or other urgent matter the Contract Administrator or the Superintendent may give a verbal notice, provided that such notice is confirmed in writing within 2 Days.

.04 Any notice permitted or required to be given to the Owner or the Contractor shall be given in accordance with the notice provision of the Contract.

3.12 Use and Occupancy of the Work Prior to Substantial Performance .01 The Owner may use or occupy the Work or any part thereof prior to Substantial

Performance unless otherwise specified in the Contract Documents.

.02 The use or occupancy of the Work or any part thereof by the Owner prior to Substantial Performance shall not constitute an acceptance of the Work or parts so occupied. In addition, the use or occupancy of the Work shall not relieve the Contractor or the Contractor's Surety from any liability that has arisen, or may arise, from the performance of the Work.

3.13 Claims, Negotiations, Mediation 3.13.01 Continuance of the Work .01 Unless the Contract Documents have been terminated or completed, the Contractor

shall in every case, after serving or receiving any notification of a claim or dispute, verbal or written, continue to proceed with the Work with due diligence and expedition. It is understood by the parties that such action shall not jeopardize any claim it may have.

3.13.02 Record Keeping .01 Immediately upon commencing Work that may result in a claim, the Contractor shall

keep Daily Work Records during the course of the Work, sufficient to substantiate the Contractor's claim, and the Contract Administrator shall keep Daily Work Records to be used in assessing the Contractor's claim, all in accordance with paragraph GC 8.01.06, Records.

.02 The Contractor and the Contract Administrator shall attempt to reconcile their respective Daily Work Records on a daily basis, to simplify review of the claim, when submitted. If the Contractor and the Contract Administrator fail to reconcile their respective Daily Work Records, then the Contractor shall submit its Daily Work Records as part of its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim.

.03 The keeping of Daily Work Records by the Contract Administrator or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim.

3.13.03 Claims Procedure .01 The Contractor shall give oral notice to the Contract Administrator of any situation which

may lead to a claim for additional payment immediately upon becoming aware of the

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situation and shall provide written notice to the Contract Administrator of such situation or of any express intent to claim such payment, within seven Days of the commencement of any part of the work which may be affected by the situation or shall form part of the claim.

.02 The Contractor shall submit detailed claims as soon as reasonably possible and in any event no later than 30 Days after completion of the work affected by the situation. The detailed claim shall:

a) identify the item or items in respect of which the claim arises; b) state the grounds, contractual or otherwise, upon which the claim is made; and c) include the Records maintained by the Contractor supporting such claim.

In exceptional cases the 30 Days may be increased to a maximum of 90 Days with approval in writing from the Contract Administrator.

.03 Within 30 Days of the receipt of the Contractor’s detailed claim, the Contract Administrator may request the Contractor to submit any further and other particulars as the Contract Administrator considers necessary to assess the claim. The Contractor shall submit the requested information within 30 Days of receipt of such request.

.04 Within 90 Days of receipt of the detailed claim, the Owner, or if authorized by the Owner, the Contract Administrator, shall advise the Contractor, in writing, of the Owner’s opinion with regard to the validity of the claim.

3.13.04 Negotiations .01 The parties shall make all reasonable efforts to resolve their dispute by amicable

negotiations and agree to provide, without prejudice, open and timely disclosure of relevant facts, information, and documents to facilitate these negotiations.

.02 Should the Contractor disagree with the opinion given in paragraph GC 3.13.03.04, with respect to any part of the claim, the Contract Administrator shall enter into negotiations with the Contractor to resolve the matters in dispute. Negotiation shall occur on three levels; first, with the Contract Administrator, second with the Owner's Manager level, and third, with the Owner’s Director, General Manager or Executive Director. Corresponding level shall be involved in the discussions on behalf of the Contractor. Any agreement reached with the Contract Administrator shall be subject to the Owner’s approval. Prior to commencement of construction the Owner and the Contractor shall meet to determine the names of the representatives at the three levels of discussion. These names shall be put in writing, to be used in the event of a dispute in issue.

.03 Discussions with the Contract Administrator shall be completed as soon as possible and shall be limited to a period of no more than 30 Days following receipt of the opinion given in paragraph GC 3.13.03.04. The Manager level discussion shall be completed as soon as possible following failed discussions with the Contract Administrator, and shall be limited to a period of no more than a further 30 Days. The Director, General Manager or Executive Director level discussion shall be completed as soon as possible following failed Manager level discussions, and shall be limited to a period of no more than a further 30 days

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.04 Each party shall be responsible for elevating an issue to the next level of negotiation, if the issue has not been resolved at the current level. The Contractor or Contract Administrator shall notify the other party in writing if he or she wishes to pursue an issue to the next level of negotiation.

.05 Where a negotiated settlement cannot be reached, or it is agreed that payment cannot be made on a Time and Material basis in accordance with paragraph GC 8.01.03, Payment on a Time and Material Basis, the parties may, upon mutual agreement, proceed in accordance with paragraph GC 3.13.05, Mediation.

3.13.05 Mediation .01 If a claim is not resolved satisfactorily through the negotiation process in paragraph GC

3.13.04, and either party wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator.

.02 The mediator shall be mutually agreed upon by the Owner and Contractor.

.03 The mediator shall be knowledgeable regarding the area of the disputed issue. The mediator shall meet with the parties together or separately, as necessary, to review all aspects of the issue. The mediator may provide the parties with his or her non-binding, without prejudice, settlement recommendation, on the day of the mediation.

.04 Each party is responsible for its own costs related to the use of the third party mediator process. The costs of the third party mediator shall be equally shared by the Owner and Contractor.

3.13.06 Payment .01 In the event that the parties resolve a claim through mediation, then any agreed upon

payment shall be made no later than 30 Days after the date of resolution of the claim or dispute, unless the parties agree otherwise.

3.13.07 Rights of Both Parties .01 Unless the parties agree otherwise, no action taken under this paragraph GC 3.13,

Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties.

3.14 Arbitration

3.14.01 Conditions for Arbitration .01 If a claim is not resolved satisfactorily through the negotiation process, or mediation if

utilized, either party may request an arbitration of the dispute and the parties, by mutual agreement, may submit such dispute to arbitration and the provisions of the Ontario Arbitration Act, 1991, as amended, shall apply to such arbitration, including the provisions for appeal therein, except as otherwise provided in this section 3.14. Notwithstanding this, in the case of claims for amounts less than $150,000, exclusive of H.S.T., the provisions of article GC 3.14, Arbitration shall be mandatory if requested by either party, and the matter shall proceed to arbitration if not resolved through the said negotiation or mediation processes.

.02 If the Parties engage in arbitration to resolve the issue, notification to that effect shall be communicated in writing to the Contract Administrator within 30 Days of completing the

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negotiations referred in paragraph 3.13.04, or, if the parties proceed to mediation under paragraph 3.13.05, within 30 Days of completing that mediation.

.03 The parties shall be bound by the decision of the arbitrator. .04 The rules and procedures of the Arbitration Act, 1991, S.O. 1991, c.17, as amended,

shall apply to any arbitration conducted hereunder except to the extent that they are modified by the express provisions of this paragraph GC 3.14, Arbitration.

3.14.02 Arbitration Procedure

.01 If the Parties agree to engage in arbitration to resolve an issue, the parties shall enter into an agreement to arbitrate in accordance with the Arbitration Act, 1991, S.O. 1991, Ch. 17.

The following provisions shall be included in the agreement to arbitrate:

a) All existing actions in respect of the matters under arbitration shall be stayed pending arbitration;

b) All then unresolved claims and matters to be settled shall be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated; and

c) Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule.

3.14.03 Appointment of Arbitrator .01 The arbitrator shall be mutually agreed upon by the Owner and Contractor to

adjudicate the dispute.

.02 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 Days of the notification of arbitration referred to in paragraph GC 3.14.01.02, the Owner and the Contractor shall each choose an appointee with 37 Days of the notice of arbitration.

.03 The appointees shall mutually agree upon an arbitrator to adjudicate the dispute within 15 Days after the last appointee was chosen or they shall refer the matter to the Arbitration and Mediation Institute of Ontario Inc. which shall select an arbitrator to adjudicate the dispute within 7 Days of being requested to do so.

.04 The arbitrator shall not be interested financially in the Contract nor in either party’s

business and shall not be employed by either party.

.05 The arbitrator is not bound by the rules of evidence which govern the trial of cases in court but may hear and consider any evidence which the arbitrator considers relevant.

.06 The hearing shall commence within 90 Days of the appointment of the arbitrator. 3.14.04 Costs .01 The arbitrator’s fee shall be equally shared by the Owner and the Contractor.

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.02 The fees of any independent experts and any other persons appointed to assist the arbitrator shall be shared equally by the Owner and the Contractor.

.03 The arbitration hearing shall be held in a place mutually agreed upon by both parties or in the event the parties do not agree, a site shall be chosen by the arbitrator. The cost of obtaining appropriate facilities shall be shared equally by the Owner and the Contractor.

.04 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration.

3.14.05 The Decision .01 The reasoned decision shall be made in writing within 90 Days of the conclusion of the

hearing. An extension of time to make a decision may be granted with consent of both parties. Payment shall be made in accordance with the decision of the Arbitrator.

3.15 Archaeological Finds .01 If the Contractor’s operations expose any items that may indicate an archaeological

find, such as building remains, hardware, accumulations of bones, pottery, or arrowheads, the Contractor shall immediately notify the Contract Administrator and suspend operations within the area identified by the Contract Administrator. Initial notification may be verbal provided that such notice is confirmed in writing by the Contractor within 2 Days. Work shall remain suspended within that area until otherwise directed by the Contract Administrator in writing, in accordance with paragraph GC 7.09, Suspension of Work.

.02 Any delay in the completion of the Contract that is caused by such a suspension of Work shall be considered to be beyond the Contractor’s control in accordance with paragraph GC 3.07.01.

.03 Any work directed or authorized in connection with an archaeological find shall be considered as a Change in the Work in accordance with paragraph GC 3.10, Changes in the Work.

.04 The Contractor shall take all reasonable action to minimize additional costs that may accrue as a result of any work stoppage.

3.16 Changed Geotechnical or Subsurface Conditions .01 If the geotechnical or subsurface conditions in the Working Area appear to the

Contractor or the Contract Administrator to differ materially from those indicated in the Contract Documents, then the Contractor or the Contract Administrator, respectively, shall immediately notify the other party. Notification may be verbal provided that the notice is confirmed in writing by the party giving the notice within 2 Days. The Contract Administrator shall promptly investigate the apparent changed geotechnical or subsurface conditions and make a finding. Subject to the provisions of GC 2.01, if the finding is that the conditions differ materially and this would cause an increase or decrease in the Contract Price or Contract Time, then the Contract Administrator, with the Owner’s approval, shall provide the Contractor with a Change Directive in accordance with the provisions of GC 3.10. If the finding is that the conditions are not materially different or that no change in the Contract Price or the Contract Time is

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justified, the Contract Administrator shall promptly report the reasons for this finding to the Contractor and Owner in writing.

GC 4.0 Owner’s Responsibilities and Rights 4.01 Working Area .01 The Owner shall acquire all property rights that are deemed necessary by the Owner

for the construction of the Work, including temporary working easements.

4.02 Approvals and Permits .01 The Owner shall pay for all plumbing and building permits.

.02 The Owner shall obtain and pay for all permits, licenses and certificates solely required for the design of the Work.

4.03 Management and Disposition of Materials .01 The Owner shall identify in the Contract Documents the materials to be moved within or

removed from the Working Area, and any characteristics of those materials that necessitate special materials management and disposition.

.02 In accordance with regulations under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, the Owner advises that,

a) the designated substance arsenic may be present throughout the Working Area occurring naturally, in contaminated soil or in sewage;

b) the designated substance asbestos is typically present throughout the Working Area in cement products, asphalt, and conduits for utilities. Exposure may occur as a result of activities by the Contractor such as cutting, grinding, drilling, blasting, breaking, crushing or removing of cement products, asphalt or conduits;

c) the designated substance lead may be present throughout the Working Area in contaminated soil, in sewage or in lead-containing paints, coatings, or conduits. Exposure may occur during soil excavation, or during removal or high temperature cutting/welding of paints/coatings or during cutting, grinding, drilling or removing of conduits;

d) the designated substance silica is typically present throughout the Working Area in cement materials. Exposure may occur as a result of activities such as sweeping, drilling, cutting, grinding, breaking or removing rock, concrete, masonry, stone or refractory materials; and

e) The designated substances benzene and mercury may be present throughout the Working area in sewage.

.03 Where building records or test results indicate the presence of a designated substance

as set out above, specific information on its condition and location shall be provided by the Owner in the Contract Documents.

.04 If the Owner or Contractor discovers or is advised of the presence of designated substances or hazardous materials that are in addition to those listed in paragraph GC 4.03.02, or not clearly identified in the Contract Documents according to paragraph GC 4.03.03, then verbal notice shall be provided to the other party immediately and written

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confirmation shall be provided within 2 Days. The Contractor shall stop work in the area immediately and shall determine the necessary steps required to complete the Work in accordance with applicable legislation and regulations.

.05 The Owner shall be responsible for any reasonable additional costs of removing, managing and disposing of any Hazardous Materials not identified in the Contract Documents, or where conditions exist that could not have been reasonably foreseen at the time of tendering. All work under this paragraph GC 4.03.05 shall be deemed to be a Change in the Work.

.06 Prior to commencement of the Work, the Owner shall provide to the Contractor a list of those products controlled under the Workplace Hazardous Materials Information System (WHMIS), that the Owner shall supply or use as part of the Work, together with copies of the Materials Safety Data Sheets for these products. The Owner shall notify the Contractor in writing of changes to the list and provide relevant Material Safety Data Sheets.

4.04 Construction Affecting Railway Property .01 The Owner shall pay the costs of all flagging and other traffic control measures

required and provided by a railway company unless such costs are solely a function of the Contractor’s chosen method of completing the Work.

.02 Every precaution shall be taken by the Contractor to protect all railway property at track crossings or otherwise, on which construction operations are to take place in accordance with the terms of this Contract Documents.

.03 The Contractor shall be required to conduct the construction operations in such a manner as to avoid the possibility of damaging any railway property in the vicinity of the Work. Every reasonable precaution shall be taken by the Contractor to ensure the safety of all workers, Subcontractors, and Equipment, as well as railway property throughout the duration of the Contract.

4.05 Default by the Contractor .01 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of

creditors because of the Contractor’s insolvency, or if a receiver is appointed because of the Contractor’s insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have, by giving the Contractor or receiver or trustee in bankruptcy notice in writing, terminate the Contract.

.02 If the Contractor fails to commence the Work within 14 Days of a formal order to commence work signed by the Contract Administrator or, upon commencement of the Work, should neglect to execute the Work properly or otherwise fails to comply with the requirements of the Contract, the Owner may, without prejudice to any other right or remedy the Owner may have, notify the Contractor in writing that the Contractor is in default of the Contractor’s contractual obligations and instruct the Contractor to correct the default in the 5 Working Days immediately following the receipt of such notice.

4.06 Notification of Default .01 The Owner may give written notice of a default to the Contractor, provided that failure to

give such notice in a timely way shall neither constitute nor be construed as waiver of

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the default. The notice shall include instructions to correct the default within 5 Working Days following receipt of such notice.

4.07 Contractor's Right to Correct a Default .01 The Contractor shall have the right within the 5 Working Days following the receipt of a

notice of default to correct the default and provide the Owner with satisfactory proof that appropriate corrective measures have been taken.

.02 If the Owner determines that the correction of the default cannot be completed within 5 Working Days following receipt of the notice, the Contractor shall not be in default if the Contractor,

a) commences the correction of the default within the 5 Working Days following receipt of the notice;

b) provides the Owner with a schedule satisfactory to the Owner for the progress of such correction; and

c) completes the correction in accordance with such schedule. 4.08 Owner's Right to Correct Default or Terminate the Contract .01 If the Contractor fails to correct the default within the time specified in paragraph GC

4.07, Contractor's Right to Correct a Default, the Owner may, without prejudice to any other right or remedy:

a) correct such default and deduct the cost thereof, as certified by the Contract Administrator, from any payment then or thereafter due to the Contractor; and

b) terminate the Contractor's right to continue the Work in whole or in part by giving written notice to the Contractor.

.02 If the Owner terminates the Contractor's right to continue with the Work in whole or in

part, the Owner shall be entitled to, a) take possession of the Working Area or that portion of the Working Area devoted

to that part of the Work terminated; b) utilize any Material within the Working Area ; c) withhold further payments to the Contractor with respect to the Work or the

portion of the Work withdrawn from the Contractor until the Work or portion thereof withdrawn is completed;

d) charge the Contractor the additional cost over the Contract Price of completing the Work or portion thereof withdrawn from the Contractor, as certified by the Contract Administrator, which additional cost shall include any additional compensation paid to the Contract Administrator arising from the correction of the default;

e) charge the Contractor a reasonable allowance, as determined by the Contract Administrator, to cover correction to the Work performed by the Contractor that may be required under paragraph GC 7.15, Warranty;

f) charge the Contractor for any damages the Owner may have sustained as a result of or in relation to the default; and

g) charge the Contractor the amount by which the cost of corrections to the Work under paragraph GC 7.15, Warranty, exceeds the allowance provided for such corrections.

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4.09 Final Payment to Contractor .01 If the Owner's cost to correct and complete the Work in whole or in part is less than

the amount withheld from the Contractor under paragraph GC 4.08.02, the Owner shall pay the balance to the Contractor as soon as the final accounting for the Contract is complete.

4.10 Continuation of Contractor's Obligations .01 The Contractor's obligation under the Contract as to quality, correction and warranty of

the Work performed prior to the time of termination of the Contract or termination of the Contractor's right to continue with the Work in whole or in part shall continue to be in force after such termination.

4.11 Owner's Right to Request Documents .01 The Contractor shall, at the sole request of the Owner, provide any documentation

requested by the Owner, where that documentation relates to any of the Work. The Contractor shall ensure that all such documentation is provided no later than ten (10) days following the receipt of any such request.

GC 5.0 Material 5.01 Supply of Material .01 All Material necessary for the proper completion of the Work, except those listed as

being supplied by the Owner, shall be supplied by the Contractor at its sole expense.

5.02 Quality of Material .01 All Material supplied by the Contractor shall be new, unless otherwise specified in

the Contract Documents.

.02 Material supplied by the Contractor shall conform to the requirements of the Contract Documents.

.03 As specified in the Contract Documents or as otherwise requested by the Contract Administrator, the Contractor shall make available for inspection or testing a sample of any Material to be supplied by the Contractor.

.04 The Contractor shall obtain for the Contract Administrator the right to enter onto the premises of the Material manufacturer or supplier to carry out such inspection, sampling and testing as specified in the Contract Documents or as otherwise requested by the Contract Administrator.

.05 The Contractor shall notify the Contract Administrator of the sources of supply sufficiently in advance of the Material shipping dates to enable the Contract Administrator to perform the required inspection, sampling and testing.

.06 The Owner shall not be responsible for any delays to the Contractor's operations where the Contractor fails to give sufficient advance notice to the Contract Administrator to enable the Contract Administrator to carry out the required inspection, sampling and testing before the scheduled shipping dates.

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.07 The Contractor shall not change the source of supply of any Material without the written authorization of the Contract Administrator.

.08 Material that is not specified shall be of a quality best suited to the purpose required, and the use of such Material shall be subject to the approval of the Contract Administrator.

.09 All Material inspection, sampling, and testing shall be carried out on a random basis in accordance with the standard inspection or testing methods required for the Material. Any approval given by the Contract Administrator for the Material that is based upon the random method shall not relieve the Contractor from the responsibility of incorporating Material that conforms to the Contract Documents into the Work or properly performing the Contract and of any liability arising from the failure to properly perform as specified in the Contract Documents.

GC 6.0 Protection and Damage  

6.01 Protection of Work, Persons and Property 0.1 The Contractor, the Contractor's agents, and all workers employed by or

under the control of the Contractor, including Subcontractors, shall protect the Work, persons, and property, including but not limited to, structures and utilities that may be impacted by the Work from damage or injury. The Contractor shall be responsible for all losses and damage which may arise as the result of the Contractor's operations under the Contract unless indicated to the contrary below.

.02 The Contractor shall be responsible for the full cost of any necessary temporary

protective work or works and the restoration of all damage where the Contractor damages the Work or property in the performance of the Contract. If the Contractor is not responsible for the damage that occurs to the Work or property, the Contractor shall restore such damage, and such work and payment shall be administered according to the Contract Documents.

.03 The Contractor shall immediately inform the Contract Administrator of all damage and

injuries that occur during the term of the Contract. The Contractor shall then investigate and report back to the Contract Administrator within 15 days of the occurrence of the damage or injuries. The Contract Administrator may conduct its own investigation and the Contractor shall provide all assistance to the Contract Administrator as may be necessary for that purpose.

.04 The Contractor shall not be responsible for loss and damage that occurs as a result

of,

a) War; b) Blockades and civil commotions; c) Errors in the Contract Documents; or d) Acts or omissions of the Owner, the Contract Administrator, their agents and

employees, or others not under the control of the Contractor, but within the Working Area with the Owner's permission.

.05 The Contractor and its Surety or Sureties shall not be released from any term or

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provision of any responsibility, obligation or liability under the Contract or waive or impair any of the rights of the Owner except by a release duly executed by the Owner.

6.02 Indemnification

.01 The Contractor shall indemnify and hold harmless the Owner and the Contract

Administrator, and each of their elected officials, officers, employees and agents (hereinafter referred to collectively as the "Indemnitees") from and against all claims, demands, actions, suits or proceedings which may be brought against or made by thirdparties, hereinafter called "claims", directly or indirectly arising or alleged to arise out ofthe performance of or the failure to perform any of its obligations under the Contract Documents.

.02 The Contractor shall indemnify and hold harmless the Owner from all and every claim

for damages, royalties or fees for the infringement of any patented invention or copyright occasioned by the Contractor in connection with the Work performed or Material furnished by the Contractor under the Contract.

.03 The Owner shall indemnify and hold harmless the Contractor from and against all

claims, demands, actions, suits or proceedings brought against the Contractor by third parties that arise out of the Contractor's direct involvement in this Contract provided such claims are directly caused by the negligent act or omission of the Owner, and then only to the extent the loss or damage was caused by the Owner.

.04 The Owner shall indemnify and hold harmless the Contractor, its agents, officers and

employees from and against all claims, demands, losses, expenses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of its obligations under the Contract Documents which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Working Area. The Contractor expressly waives the right to indemnity for claims other than those stated above.

.05 The Contractor shall pay to the Indemnitees, or any of them, on demand any loss,

costs, damages and expenses which may be sustained, incurred or paid by the Indemnitees, or any of them, in consequence of any such action, suit, claim, lien, execution or demand pursuant to GC 6.01 and any moneys paid or payable by the Indemnitees in settlement or in discharge or on account thereof. If the Contractor fails to make such payment, all such mentioned loss, costs, damages and expenses and all such moneys so paid or payable may be deducted from any moneys of the Contractor then remaining in the possession of the Owner on account of the Work or from moneyspayable by the Owner to the Contractor on any account whatever or may be recovered from the Contractor or its Surety, as the case may be, in any court of competent jurisdiction as moneys paid at their request. The Contractor hereby authorizes and empowers the Owner or the Contract Administrator as the case may be, or their Solicitor, for the time being, to defend, settle or compromise any of such actions, suits, claims, liens, executions or demands as the Owner or the Contract Administrator, as the case may be, or their said Solicitor may deem expedient. The Contractor shall ratify and confirm all the acts of the Owner or the Contract Administrator or their Solicitor in that behalf, and shall pay to such Solicitor on demand his or her reasonable costs of any such defense, settlement and/or compromise, and that in default of such payment the same may be deducted from any moneys payable by the Owner to the

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Contractor on any account whatever.

6.03 Bonding .01 The Contractor shall provide the Owner with any bonds required by the Tender Call,

which bonds shall be addressed to the correct obligee, in the amount and for the duration set out in the Tender Call.

.02 Such bonds shall be issued by a Surety and shall be maintained in good standing until the fulfillment of all obligations set out in the Contract Documents.

.03 The Contractor and Subcontractors shall not include any additional bonding costs in their quotation for any change order Work that may be required or performed.

GC 7.0 Contractor’s Responsibilities and Control of the Work 7.01 General .01 The Contractor warrants that the site of the Work has been visited during or

prior to the preparation of the Bid and the character of the Work and all local conditions which may affect the performance of the Work are known.

.02 The Contractor shall not commence the Work nor deliver anything to the Working Area until the Contractor has received a written order to commence the Work, signed by the Contract Administrator.

.03 The Contractor shall effectively direct and supervise the Work so as to ensure conformity with the Contract Documents. The Contractor shall be responsible for construction means, methods, techniques, sequences and procedures and for coordinating the various parts of the Work. The Contractor shall provide adequate labour, Equipment, and Material to ensure the completion of the Work in accordance with the Contract Documents. The Work shall be performed as vigorously and as continuously as weather conditions or other interferences may permit.

.04 The Contractor, so as to ensure conformity with the Contract Documents shall, except where otherwise required by the Owner, have the sole responsibility for the design, erection, operation, maintenance and removal of temporary structures and other temporary facilities and the design and execution of construction methods required in their use.

.05

Notwithstanding paragraph GC 7.01.04, where the Contract Documents include designs for temporary structures and other temporary facilities or specify a method of construction in whole or part, such facilities and methods shall be considered to be part of the design of the Work, and the Contractor shall not be held responsible for that part of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of such design or specified method of construction in the same manner that the Contractor is responsible for the execution of the Work.

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.06 .07 .08 .09

The Contractor shall execute the terms of the Contract in strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (the “Act”) and Ontario Regulation 213/91 (which regulates Construction Projects) and any other regulations under the Act (the “Regulations”) which may affect the performance of the Work, as the “constructor” or “employer”, as defined by the Act, as the case may be. The Contractor shall ensure that:

a) worker safety is given first priority in planning, pricing and performing the Work;

b) its officers and supervisory employees have a working knowledge of the duties of a “constructor” and “employer” as defined by the Act and the provisions of the Regulations applicable to the Work, and a personal commitment to comply with them;

c) a copy of the most current version of the Act and the Regulations are available at the Contractor’s office within the Working Area, or, in the absence of an office, in the possession of the supervisor responsible for the performance of the Work;

d) workers employed to carry out the Work possess the knowledge, skills and protective devices required by law or recommended for use by a recognized industry association to allow them to work in safety;

e) its supervisory employees are "Competent Persons" as defined in the Act, and carry out their duties in a diligent and responsible manner with due consideration for the health and safety of the workers; and

f) all Subcontractors and their workers are properly protected from injury while in the Working Area.

The Contractor, when requested, shall provide the Owner with a copy of its health and safety policy and program and shall respond promptly to requests from the Owner for confirmation that its methods and procedures for carrying out the Work comply with the Act and Regulations. The Contractor shall cooperate with representatives of the Owner and inspectors appointed to enforce the Act and the Regulations in any investigations of worker health and safety in the performance of the Work. The Contractor shall indemnify and save the Owner harmless from any additional expense which the Owner may incur to have the Work performed or in respect of any fine incurred or claim made as a result of the Contractor’s failure to comply with the requirements of the Act and the Regulations. Prior to commencement of the Work the Contractor shall provide to the Contract Administrator a list of those products controlled under the Workplace Hazardous Materials Information System or WHMIS, which the Contractor expects to use for the Work. Related Materials Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Contract Administrator, in writing, of changes in the products to be used and provide relevant Material Safety Data Sheets.

The Contractor shall have a Superintendent on the site while any Work is

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.10 .11 .12 .13 .14 .15

being performed, to supervise the Work and to act for or on the Contractor's behalf. Prior to commencement of construction, the Contractor shall notify the Contract Administrator of the names, addresses, positions and cell phone, pager and telephone numbers of the Superintendent who can be contacted at any time to deal with matters relating to the Contract and update as necessary. The Contractor shall designate a person to be responsible for traffic control and work zone safety. The designated person shall be a competent worker who is qualified because of knowledge, training, and experience to perform the duties, is familiar with Book 7 of the OTM and has knowledge of all potential or actual danger to workers and motorists. Prior to the commencement of construction, the Contractor shall notify the Contract Administrator of the name, address, position, cell phone, pager, and telephone numbers of the designated person, and update as necessary. The designated person may have other responsibilities, including other construction sites, and need not be present in the Work Area at all times. The Contractor shall, at no additional cost to the Owner, furnish all reasonable aid, facilities and assistance required by the Contract Administrator for the proper inspection and examination of the Work or the taking of measurements for the purpose of payment. The Contractor shall follow the schedule provided by the City of Toronto. Where the Contractor finds any error, inconsistency or omission relating to the Contract Documents or the Work, the Contractor shall promptly report it to the Contract Administrator and shall not proceed with the activity affected until receiving advice from the Contract Administrator. The Contractor shall arrange with the appropriate utility authorities for the stake out of all underground utilities and service connections that may be affected by the Work. The Contractor shall observe the location of the stake outs, prior to commencing the Work, and in the event that there is a discrepancy between the location of the stake outs and the locations shown on the Contract Documents, that may affect the Work, the Contractor shall immediately notify the Contract Administrator and the affected utility companies, in order to resolve the discrepancy. The Contractor shall be responsible for any damage done to the underground Utilities and service connections by the Contractor's forces during construction. The Contractor shall comply with and conform to all statutes, laws, by-laws, regulations, requirements, ordinances, notices, rulings, orders, directives and policies of the municipal, provincial and federal governments and any other lawful authority and all court orders, judgments and declarations of a court of competent jurisdiction (collectively referred to as the “Laws”), applicable to the Work to be provided by, and the undertakings and obligations of, the Contractor under this Contract.

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7.02 Layout

7.02.01 Layout by Contractor .01 Where the Contract Documents provide for the Contractor to lay out the Work, sub

paragraphs .02 to .08 of paragraph 7.02.01 shall apply.

.02 Prior to commencement of construction, the Contract Administrator and the Contractor shall locate on site those property bars, baselines and benchmarks that are necessary to delineate the Working Area and to lay out the Work, all as shown on the Contract Drawings.

.03 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars that must be removed to facilitate the Work. Any other property bars disturbed, damaged or removed by the Contractor's operations shall be replaced by an Ontario Land Surveyor, at the Contractor’s expense.

.04 At no extra cost to the Owner, the Contractor shall provide the Contract Administrator with such materials and devices as may be necessary to lay out the baseline and benchmarks, and as may be necessary for the inspection of the Work.

.05 The Contractor shall provide qualified personnel to lay out and establish all lines and grades necessary for construction. The Contractor shall notify the Contract Administrator of any layout work carried out, so that the same may be checked by the Contract Administrator.

.06 The Contractor shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution and inspection of the Work. The Contractor shall supply one copy of all alignment and grade sheets to the Contract Administrator.

.07 The Contractor shall assume full responsibility for alignment, elevations and dimensions of each and all parts of the Work, regardless of whether the Contractor's layout work has been checked by the Contract Administrator.

.08 All stakes, marks and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal, for any reason, before the end of the Contract Time, such stakes, marks and reference points shall be replaced, to the satisfaction of the Contract Administrator, at the Contractor’s expense.

7.02.02 Layout by Owner .01 Where the Contract Documents provide for the Owner to layout the Work, sub

paragraphs .02 to .09 of paragraph 7.02.02 shall apply. .02 The Owner shall be responsible for setting out the line and setting out the Grade for the

project.

.03 The Owner shall supply a copy of the alignment and grade sheets to the Contractor to facilitate the construction of the Work according to the Contract Drawings.

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.04 The Owner shall install and maintain substantial alignment markers and secondary benchmarks as may be required for the proper execution and inspection of the Work.

.05 All stakes, marks and reference points provided by the Owner shall be carefully preserved by the Contractor. In the case of the destruction or removal as a result of the Contractor’s operations, such stakes, marks and reference points shall be replaced by the Owner at the Contractor’s expense.

.06 The Contractor shall give the Owner at least 24 hours notice before requiring levels, lines or stakes, on any portion of the Work and the Contractor shall clearly state in such notice the exact locality or localities where such are needed for use.

.07 The Contractor must satisfy itself before commencing work at any point as to the meaning and accuracy of all stakes and marks, and no claim shall be considered by the Owner for or on account of any alleged inaccuracies or for any alternations subsequently rendered necessary on account of any such alleged inaccuracies, unless the Contractor notifies the Owner thereof in writing before commencing the Work.

.08 The Contractor shall be responsible for the preservation of all property bars while the Work is in progress, except those property bars which must be removed to facilitate the Work. Any other property bars disturbed, damaged or removed by the Contractor’s operations shall be replaced by an Ontario Land Surveyor, at the Contractor’s expense.

.09 All stakes, marks and reference points shall be carefully preserved by the Contractor. In the case of their destruction or removal as a result of the Contractor’s operations, such stakes, marks and reference points shall be replaced, to the satisfaction of the Contract Administrator, at the Contractor’s expense.

7.03 Damage by Vehicles or Other Equipment .01 If at any time, in the opinion of the Contract Administrator, damage is being done or is

likely to be done to any Roadway or any improvement thereon, outside the Working Area, by the Contractor's vehicles or other Equipment, whether licensed or unlicensed Equipment, the Contractor shall, on the direction of the Contract Administrator, and at no extra cost to the Owner, make changes or substitutions for such vehicles or Equipment, and shall alter loadings, or in some other manner, remove the cause of such damage to the satisfaction of the Contract Administrator.

7.04 Excess Loading of Motor Vehicles .01 Where a vehicle is hauling Material for use on the Work, in whole or in part, upon a

Highway, and where motor vehicle registration is required for such vehicle, the Contractor shall not cause or permit such vehicle to be loaded beyond the legal limit specified in the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, whether such vehicle is registered in the name of the Contractor or otherwise, except where there are designated areas within the Working Area where overloading is permitted. The Contractor shall bear the onus of weighing disputed loads.

7.05 Condition of the Working Area .01 The Contractor shall maintain the Working Area in a tidy condition and free from the

accumulation of debris and prevent nuisance, mud and ponding water, other than that

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caused by the Owner or others.

7.06 Maintaining Roadways and Detours .01 Where an existing Roadway is affected by construction, it shall, at all times, be kept

open to traffic. The Contractor shall, at no additional cost to the Owner, be responsible for providing and maintaining, for the duration of the Work an alternative route for both pedestrian and vehicular traffic through the Working Area in accordance with the OTM, whether along the existing Highway under construction or on a detour road beside or adjacent to the Highway under construction.

.02 Subject to the approval of the Contract Administrator, the Contractor may block traffic for short periods of time to facilitate construction of the Work in accordance with the OTM. Any temporary lane closures shall be kept to a minimum.

.03 The Contractor shall not be required to maintain a road through the Working Area until such time as the Contractor has commenced operations or during seasonal shut down or on any part of the Work that has been accepted in accordance with the Contract Documents. The Contractor shall not be required to apply de-icing chemicals or abrasives or carry out snowplowing unless otherwise specified in the Contract Documents.

.04 Where localized and separated sections of a Highway are affected by the Contractor's operations, the Contractor shall not be required to maintain intervening sections of that Highway until such times as these sections are located within the limits of the Highway affected by the Contractor's general operations under the Contract. Nothing in this section shall be taken as limiting the Contractor's obligation to maintain all areas of a Highway affected by the traffic control measures undertaken in relation to the Work and to fulfill all traffic control responsibilities thereon.

.05 Where the Contract Documents provide for, or the Contract Administrator requires,

detours at specific locations, payment for the construction of the detours, and if required, for the subsequent removal of the detours, shall be made at the Contract Prices appropriate to such work.

.06 The Contractor shall maintain, to the satisfaction of the Owner and the Contract Administrator, a road through the Working Area. The road through the Working Area shall include any detour constructed in accordance with the Contract Documents or required by the Contract Administrator. Compensation for all labour, Equipment and Materials to do this Work shall be at the Contract prices appropriate to the Work or, where there are no such prices, at negotiated prices. Notwithstanding the foregoing, the cost of blading required to maintain the surface of such roads and detours shall be deemed to be included in the prices bid for the various tender items and no additional payment shall be made.

.07 Where Work is discontinued for any extended period including seasonal shutdown, the Contractor shall, when directed by the Contract Administrator, open and place the Highway and detours in a passable, safe and satisfactory condition for public travel.

.08 Where the Contractor constructs a detour that is not specifically provided for in the Contract Documents or required by the Contract Administrator, the construction of the detour and, if required, the subsequent removal shall be performed at the Contractor's

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sole expense. The detour shall be constructed and maintained to structural and geometric standards approved by the Contract Administrator. Removal and site restoration shall be performed as directed by the Contract Administrator.

.09 Where, with the prior written approval of the Contract Administrator, a Highway is closed and the traffic diverted entirely off the Highway to any other Highway, the Contractor shall, at no extra cost to the Owner, supply, erect and maintain traffic control devices in accordance with the OTM.

.10 Compliance with the foregoing provisions shall in no way relieve the Contractor of obligations under paragraph GC 6.01, Protection of Work, Persons and Property, dealing with the Contractor's responsibility for damage claims, except for claims arising on sections of a Highway within the Working Area that are being maintained by others.

7.07 Access to Properties Adjoining the Work and Interruption of Utility Services .01 The Contractor shall provide, at all times, and at no extra cost to the Owner,

a) safe and adequate pedestrian and vehicular access; and b) continuity of Utility services; and c) access for any and all emergency response vehicles and services,

to any and all properties adjoining the Working Area.

.02 The Contractor shall provide, at all times and at no extra cost to the Owner, access to fire hydrants, water and gas valves, and all other Utilities located in the Working Area.

.03 Where any interruptions in the supply of Utility services are required and are authorized by the Contract Administrator, the Contractor shall give the affected property owners notice in accordance with paragraph GC 7.11, Notices by the Contractor, and shall arrange such interruptions so as to create a minimum of interference to those affected.

7.08 Approvals and Permits .01 Except as specified in paragraph GC 4.02, Approval and Permits, the Contractor

shall obtain and pay for any permits, licenses, and certificates that are required for the performance of the Work.

.02 The Contractor shall arrange for all necessary inspections required by the approvals and permits specified in paragraph GC 7.08.01

7.09 Suspension of Work .01 The Contractor shall, upon written notice from the Contract Administrator, discontinue

or delay any or all of the Work and Work shall not be resumed until the Contract Administrator so directs in writing. Delays, in these circumstances, shall be administered according to paragraph GC 3.07, Delays.

7.10 Contractor's Right to Stop the Work or Terminate the Contract

.01 The Contractor may notify the Owner in writing, with a copy to the Contract

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Administrator, that the Owner is in default of contractual obligations if,

a) the Contract Administrator fails to issue certificates in accordance with the provisions of paragraph GC 8.0 Payment;

b) the Owner fails to pay the Contractor, within 30 Days of the due dates identified in paragraph GC 8.01.02, Certification and Payment, the amounts certified by the Contract Administrator or within 30 Days of an award by an arbitrator or court; or

c) the Owner commits a major default of the requirements of the Contract.

.02 The Contractor's written notice to the Owner shall advise that if the default is not corrected in the 15 Days immediately following the receipt of the written notice the Contractor may, without prejudice to any other right or remedy the Contractor may have, stop the Work or terminate the Contract.

.03 If the Contractor terminates the Contract under the conditions set out in paragraph GC 7.10, above, the Contractor shall only be entitled to be paid for that portion of the Work that is, in the Contract Administrator's opinion, satisfactorily performed.

7.11 Notices by the Contractor .04 Before Work is carried out that may affect the property or operations of any Ministry or

agency of government or any person, company, partnership or corporation, including a municipal corporation or any board or commission thereof, and in addition to such notices of the commencement of specified operations as are prescribed elsewhere in the Contract Documents, the Contractor shall give at least 48 hours’ advance written notice of the date of commencement of such work to the person, company, partnership, corporation, board, or commission so affected.

.05 In the case of a spill as defined in section 91 of the Environmental Protection Act (Ontario) and any successor legislation, or any damage to, or interference with any Utilities, pole lines, pipe lines, conduits, farm tiles, or other public or privately owned works or property, the Contractor shall immediately notify the Owner and the Contract Administrator of the location and details of such spill, damage or interference. In the case of spills, the Contractor shall also, immediately, report the spill to the Ministry of the Environment (Ontario).

7.12 Obstructions .01 Except as otherwise noted in the Contract Documents, the Contractor assumes all

the risks and responsibilities arising out of any obstruction encountered in the performance of the Work and any traffic conditions, including traffic conditions on any Highway or road giving access to the Working Area caused by such obstructions, and the Contractor shall not make any claim against the Owner for any loss, damage or expense occasioned thereby.

.02 Where the obstruction is a Utility or other man-made object, the Contractor shall not be required to assume the risks and responsibilities arising out of such obstruction, unless the location of the obstruction is shown on the plans or described in the Contract Documents and the location so shown is within the tolerance specified in paragraph GC 2.01.01(a) or unless the presence and location of the obstruction has otherwise been made known to the Contractor or could have been determined by the visual site

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investigation made by the Contractor in accordance with the Contract Documents.

.03 During the course of the Contract, it is the Contractor's responsibility to consult with Utility companies or other appropriate authorities for further information in regard to the exact location of these Utilities, to exercise the necessary care in construction operations, and to take such other precautions as are necessary to safeguard the Utilities from damage.

7.13 Limitations of Operations .01 Except for such work as may be required by the Contract Administrator to maintain the

Work in a safe and satisfactory condition, the Contractor shall not carry on operations under the Contract Documents on days other than Working Days without permission in writing from the Contract Administrator, unless otherwise required by the Contract Documents.

.02 The Contractor shall cooperate and coordinate the Work with other contractors, Utility companies and the Owner and they shall be allowed access to their work or plant at all reasonable times.

7.14 Cleaning Up Before Acceptance .01 Upon attaining Substantial Performance of the Work, the Contractor shall remove any

surplus materials, tools, construction machinery and Equipment not required for the performance of the remaining Work. The Contractor shall also remove all temporary works and debris other than that caused by the Owner, and leave the Work and Working Area clean and suitable for occupancy by the Owner unless otherwise specified.

.02 Notwithstanding any other terms or conditions set out herein, the Contract Administrator shall not be under any obligation to issue a Completion Certificate until such time as the Contractor has removed all surplus materials, tools, construction machinery, debris and Equipment from the Working Area.

7.15 Warranty .01 The Contractor shall be responsible for the proper performance of the Work only to the

extent that the design and specifications permit such performance.

.02 Subject to the previous paragraph, the Contractor shall correct promptly, at no additional cost to the Owner, defects or deficiencies in the Work that appear, prior to and during the period of 24 months after the date of Substantial Performance or such longer or shorter periods as may be specified elsewhere in the Contract Documents for certain Equipment, Materials or components of Work. The Contract Administrator shall promptly give the Contractor written notice of observed defects or deficiencies.

.03 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph GC 7.15.02

7.16 Contractor's Workers .01 The Contractor shall employ only orderly, competent and skillful workers to do the

Work and whenever the Contract Administrator shall inform the Contractor in writing that any worker or workers involved in the Work are, in the opinion of the Contract Administrator, incompetent, or disorderly, such worker or workers shall be removed

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from the Work and shall not again be employed on the Work without the consent in writing of the Contract Administrator.

7.17 Resident or property owner complaints or claims .01 The Contractor shall immediately upon becoming aware of a complaint or claim

made by a resident or property owner, inform the Contract Administrator.

7.18 Contractor’s responsibility for drainage .01 The Contractor shall keep all portions of the Work well, properly and efficiently drained,

to at least the same degree as that of the existing drainage conditions, during construction and until the Work is completed. The Contractor shall be solely responsible for all damages caused by, or resulting from, water backing up or flowing over, under, through, from, on or along any part of the Work or which any of his or her operations may cause to flow elsewhere and shall bear such costs, make such provisions and provide such indemnity as required in the Contract Documents.

GC 8.0 Payment

8.01 Payment

8.01.01 Payment for Work .01 Payment for the Work shall be full compensation for all labour, Equipment and

Material required in its performance, including, but not limited to, Hand Tools, supplies and other incidentals.

.02 Payment for Work not specifically detailed as part of any one item and without specified details of payment shall be deemed to be included in the items with which it is associated.

8.01.02 Certification and Payment

8.01.02.01 Progress Payment Certificate .01 The Contract Administrator shall issue a Progress Payment Certificate in

accordance with the Contract Documents and quantities as measured in the field.

.02 The Progress Payment Certificate shall show,

a) the quantities of Work performed; b) the value of Work performed; c) any advanced payment for Material; d) the amount of statutory holdback, liens, Owner’s set-off; e) the amount of any applicable taxes; and f) the amount due the Contractor.

.03 One copy of the Progress Payment Certificate shall be sent to the Contractor.

.04 Payment shall be made within 30 Days of the approval of the Progress Payment Certificate by the Contract Administrator.

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8.01.02.02 Certification of Subcontract Completion .01 Before Substantial Performance, the Contractor may notify the Contract Administrator,

in writing that a subcontract is completed satisfactorily to the Contractor and ask that the Contract Administrator certify the completion of such subcontract.

.02 The Contract Administrator shall issue a Certificate of Subcontract Completion if the subcontract has been completed in a form satisfactory to the Contract Administrator, and all required inspection and testing of the works covered by the subcontract have been carried out and the results are satisfactory to the Contract Administrator.

.03 The Contract Administrator shall set out in the Certificate of Subcontract Completion the date on which the subcontract was completed and within 7 Days of the date the subcontract is certified complete, the Contract Administrator shall give a copy of the certificate to the Contractor and to the Subcontractor concerned.

8.01.02.03 Subcontract Statutory Holdback Release Certificate and Payment Following receipt of the Certificate of Subcontract Completion, the Owner .01 may release and pay the Contractor the statutory holdback retained in respect of the

subcontract. Such release shall be made 46 Days after the date the subcontract was certified complete and providing the Contractor submits the following to the Contract Administrator:

a) a document satisfactory to the Contract Administrator that shall release the Owner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies;

b) evidence satisfactory to the Contract Administrator that the Subcontractor has discharged all liabilities incurred in carrying out the subcontract;

c) a satisfactory clearance certificate or letter from the Workplace Safety and Insurance Board relating to the subcontract; and

d) a copy of the contract between the Contractor and the Subcontractor and a satisfactory statement showing the total amount due the Subcontractor from the Contractor.

.02 Paragraph GC 8.01.02.03.01(d) shall apply to Lump Sum Items only and then only when the Contract Administrator specifically requests it.

.03 Upon receipt of the statutory holdback, the Contractor shall forthwith give the Subcontractor the payment due under the subcontract.

.04 Release of statutory holdback by the Owner in respect of a subcontract shall not relieve the Contractor, or the Contractor's Surety, of any of their responsibilities.

8.01.02.04 Certification of Substantial Performance .01 Upon application by the Contractor and when the Contract Administrator has verified

that the Contract has been substantially performed, the Contract Administrator shall issue a Certificate of Substantial Performance.

.02 The Contract Administrator shall set out in the Certificate of Substantial Performance the date on which the Contract was substantially performed and within 7 Days after signing the said certificate the Contract Administrator shall provide a copy to the Contractor.

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.03 Upon receipt of a copy of the Certificate of Substantial Performance, the Contractor shall forthwith, as required by Section 32(1) paragraph 5 of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, publish a copy of the certificate in a construction trade newspaper. Such publication shall include placement in the Daily Commercial News.

.04 Where the Contractor fails to publish a copy of the Certificate of Substantial Performance as required above within 7 Days after receiving a copy of the certificate signed by the Contract Administrator, the Owner may publish a copy of the certificate at the Contractor's expense.

.05 Except as otherwise provided for in Section 31 of the Construction Lien Act, the 45-day lien period prior to the release of holdback as referred to in paragraph GC 8.01.02.05, Substantial Performance Payment and Statutory Holdback Release Payment Certificates, shall commence from the date of publication of the Certificate of Substantial Performance as provided for above.

8.01.02.05 Substantial Performance Payment and Substantial Performance

Statutory Holdback Release Payment Certificates .01 When the Contract Administrator issues the Certificate of Substantial Performance, the

Contract Administrator shall also issue the Substantial Performance Payment Certificate and the Substantial Performance Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate.

.02 The Substantial Performance Payment Certificate shall show,

a) the value of Work performed to the date of Substantial Performance; b) the value of outstanding or incomplete Work; c) the amount of the statutory holdback, allowing for any previous releases of

statutory holdback to the Contractor in respect of completed subcontracts and deliveries of pre-selected equipment;

d) the amount of maintenance security required; and e) the amount due the Contractor.

.03 Subject to paragraph GC 8.01.02.05.05, payment of the amount certified shall be made within 30 Days of the date of issuance of the Substantial Performance Payment Certificate.

.04 The Substantial Performance Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance. Payment of such statutory holdback shall be due 46 Days after the date of publication of the Certificate of Substantial Performance but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents:

a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions such as outstanding Work or matters arising out of paragraph GC 3.13, Claims, Negotiations, Mediation;

b) a statutory declaration in a form satisfactory to the Contract Administrator that

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all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged except for statutory holdbacks properly retained;

c) a satisfactory Certificate of Clearance from the Workplace Safety and Insurance Board; and

d) proof of publication of the Certificate of Substantial Performance.

.05 Despite anything to the contrary in the Contract Documents, the Owner shall be entitled to reduce the amount of the Statutory Holdback paid to the Contractor to account for any amounts that may be owed by the Contractor to the Owner

8.01.02.06 Certification of Completion .01 Upon application by the Contractor and when the Contract Administrator has verified

that the Contract has reached Completion, the Contract Administrator shall issue a Completion Certificate.

.02 The Contract Administrator shall set out in the Completion Certificate the date of Completion and, within 7 Days of signing the said certificate, the Contract Administrator shall provide a copy to the Contractor.

8.01.02.07 Completion Payment and Completion Statutory Holdback Release Payment Certificates

.01 When the Contract Administrator issues the Completion Certificate, the Contract Administrator shall also issue the Completion Payment Certificate and the Completion Statutory Holdback Release Payment Certificate or where appropriate, a combined payment certificate.

.02 The Completion Payment Certificate shall show,

a) measurement and value of Work at Completion; b) the amount of the further statutory holdback based on the value of further work

completed over and above the value of work completed shown in the Substantial Performance Payment Certificate referred to above; and

c) the amount due the Contractor.

.03 The Completion Statutory Holdback Release Payment Certificate shall be a payment certificate releasing to the Contractor the further statutory holdback. Payment of such statutory holdback shall be due 46 Days after the date of Completion of the Work as established by the Completion Certificate but subject to the provisions of the Construction Lien Act and the submission by the Contractor of the following documents:

a) a release by the Contractor in a form satisfactory to the Contract Administrator releasing the Owner from all further claims relating to the Contract, qualified by stated exceptions where appropriate;

b) a statutory declaration in a form satisfactory to the Contract Administrator that all liabilities incurred by the Contractor and the Contractor's Subcontractors in carrying out the Contract have been discharged, qualified by stated exceptions where appropriate; and

c) a satisfactory Certificate of Clearance from the Workplace Safety and

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Insurance Board.

8.01.02.08 Owner's Set-off .01 Pursuant to Section 12 of the Construction Lien Act, the Owner may retain from monies

owing to the Contractor under this Contract Document an amount sufficient to cover any outstanding or disputed liabilities including the cost to remedy deficiencies, the reduction in value of substandard portions of the Work, claims for damages by third parties that have not been determined in writing by the Contractor's insurer. Any assessment due the Workplace Safety and Insurance Board and any monies to be paid to workers in accordance with paragraph GC 8.01.05, Payment of Workers.

.02 Where the Owner intends to retain money under paragraph GC 8.01.02.08.01, the Owner shall give the Contractor appropriate notice of such action.

8.01.03 Payment on a Time and Material Basis

8.01.03.01 Definitions .01 For the purpose of paragraph GC 8.01.03 the following definitions shall apply:

127 Rate: means the rate for a unit of Equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment Including Model and Specification Reference, that is current at the time the Work is carried out or for Equipment that is not so listed, the rate that has been calculated by the Owner, using the same principles as used in determining the 127 Rates.

Cost of Labour: means the amount of wages, salary and Payroll Burden paid or incurred directly by the Contractor to or in respect of labour and supervision actively and necessarily engaged on the Work based on the recorded time and hourly rates of pay for such labour and supervision, but shall not include any payment or costs incurred for general supervision, administration and management time spent on the entire Work or any wages, salary or Payroll Burden for which the Contractor is compensated by any payment made by the Owner for Equipment.

Cost of Material: means the cost of Material purchased or supplied from stock, and valued at current market prices, for the purpose of carrying out Work on a Time and Material Basis, by the Contractor, or by others when such arrangements have been made by the Contractor for completing the Work, as shown by itemized invoices.

Operated Rented Equipment: means Rented Equipment for which an operator is provided by the supplier of the equipment and for which the rent or lease includes the cost of the operator.

Payroll Burden: means the payments in respect of workplace insurance, vacation pay, employment insurance, sickness and accident insurance, pension fund, and such other welfare and benefit payments forming part of the Contractor's normal labour costs.

Rented Equipment: means equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm or corporation

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that is not an associate of the lessee as defined by the Securities Act, R.S.O. 1990, c.S.5, as amended, and is approved by the Contract Administrator.

Work on a Time and Material Basis: means a Change in the Work, approved by the Contract Administrator for payment on a Time and Material basis. The Work on a Time and Material Basis shall be subject to all the terms, conditions, specifications and provisions of the Contract Documents.

Working Time: means each period of time during which a unit of Equipment is actively and of necessity engaged on a specific operation and the first 2 hours of each immediately following period during which that unit is not so engaged but during which the operation is otherwise proceeding and during which time the unit cannot practically be transferred to other work but must remain on the site in order to continue with its assigned tasks and during which time the unit is in a fully operable condition.

8.01.03.02 Daily Work Records .01 Daily Work Records prepared, as the case may be, by either the Contractor's

representative or the Contract Administrator and reporting the labour and Equipment employed and the Material used for Work on a Time and Material Basis, shall be reconciled and signed each day by both the Contractor's representative and the Contract Administrator. If it is not possible to reconcile the Daily Work Records, then the Contractor shall submit the un-reconciled Daily Work Records with its claim, whereby the resolution of the dispute about the Daily Work Records shall not be resolved until there is a resolution of the claim.

8.01.03.03 Payment for Work

.01 Payment as herein provided shall be full compensation for all labour, Equipment and Material to do the Work on a Time and Material Basis except where there is agreement to the contrary prior to the commencement of the Work on a Time and Material Basis. The payment adjustments on a Time and Material basis shall apply to each individual Change Order authorized by the Contract Administrator.

8.01.03.04 Payment for Labour .01 The Owner shall pay the Contractor for labour employed on each Time and Material

project at 135% of the Cost of Labour up to $3000, then at 120% of any portion of the Cost of Labour in excess of $3000.

.02 At the Owner’s discretion, an audit may be conducted in which case the actual Payroll Burden so determined shall be applied to all Work on Time and Material Basis on the Contract

8.01.03.05 Payment for Material .01 Where payments are to be made on a Time and Material Basis, the Owner shall pay

the Contractor for Material used at 120% of the Cost of Material up to $3,000, then at 115% of any portion of the Cost of Material in excess of $3,000.

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8.01.03.06 Payment for Equipment

8.01.03.06.01 Working Time .01 The Owner shall pay the Contractor for the Working Time of all Equipment other than

Rented Equipment and Operated Rented Equipment used on the Work on a Time and Material basis at the 127 Rates with a cost adjustment as follows:

a) Cost $10,000 or less - no adjustment; b) Cost greater than $10,000 but not exceeding $20,000 - payment

$10,000 plus 90% of the portion in excess of $10,000; and c) Cost greater than $20,000 - $19,000 plus 80% of the portion in excess

of $20,000.

.02 The Owner shall pay the Contractor for the Working Time of Rented Equipment used on the Work on a Time and Material Basis at 110% of the invoice price approved by the Contract Administrator up to a maximum of 110% of the 127 Rate. This constraint may be waived when the Contract Administrator approves the invoice price prior to the use of the Rented Equipment.

.03 The Owner shall pay the Contractor for the Working Time of Operated Rented Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Equipment invoice price approved by the Contract Administrator prior to the use of the Equipment on the Work on a Time and Material Basis.

8.01.03.06.02 Standby Time .01 The Owner shall pay the Contractor for Standby Time of Equipment at 35% of the 127

Rate or 35% of the invoice price whichever is appropriate. The Owner shall pay reasonable costs for Rented Equipment where this is necessarily retained in the Working Area for extended periods agreed to by the Contract Administrator. This shall include Rented Equipment intended for use on other work, but has been idled due to the circumstances giving rise to the Work on a Time and Material Basis.

.02 In addition, the Owner shall include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the Standby Time or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis.

.03 The Contract Administrator may require Rented Equipment idled by the circumstances giving rise to the Work on a Time and Material Basis to be returned to the lessor until the Work requiring the Equipment can be resumed. The Owner shall pay such costs as result directly from such return.

.04 When Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Working Area on a Time and Material basis, payment shall be made by the Owner only in respect of the transporting units. When Equipment is moved under its own power it shall be deemed to be working. The method of moving Equipment and the rates shall be subject to the approval of the Contract Administrator.

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8.01.03.07 Payment for Hand Tools .01 Notwithstanding any other provision of this paragraph, no payment shall be made to

the Contractor for, or in respect of, Hand Tools or Equipment that are tools of the trade.

8.01.03.08 Payment for Work By Subcontractors .01 For Changes in the Work, where the Work is performed by a Subcontractor the

Owner shall pay the Contractor a mark up in the amount of 10 % of the first $ 10,000 plus 5 % of the amount in excess of $ 10,000.

.02 No further markup shall be applied regardless of the extent to which the Work is assigned or sublet to others. If Work is assigned or sublet to an associate, as defined by the Securities Act no markup whatsoever shall be applied

8.01.03.09 Submission of Invoices .01 At the start of the Work on a Time and Material Basis, the Contractor shall provide the

applicable labour and Equipment rates not already submitted to the Contract Administrator during the course of such Work.

.02 Separate summaries shall be completed by the Contractor and each such summary shall include the Change Directive or Change Order number and covering dates of the Work and shall itemize separately labour, Materials and Equipment. Invoices for Materials, Rented Equipment and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary.

.03 Each month the Contract Administrator shall include with the monthly Progress Payment Certificate, the costs of the Work on a Time and Material Basis incurred during the preceding month all in accordance with the contract administrative procedures and the Contractor's invoice of the Work on a Time and Material Basis.

.04 The final summary required under 8.02.05.09.02 shall be submitted by the Contractor within 60 Days after the completion of the Work on a Time and Material Basis.

8.01.03.10 Payment Other Than on a Time and Material Basis .01 Paragraph GC 8.01.03 shall not preclude the option of the Contract Administrator

and the Contractor negotiating a Lump Sum or Unit Price payment for Changes in the Work.

8.01.03.11 Payment Inclusions .01 Except where there is agreement in writing to the contrary, the payments described

herein shall be accepted by the Contractor as compensation in full for profit and all costs and expenses arising out of the Work including all cost of general supervision, administration and management time spent on the Work and no other payment or allowance shall be made in respect of such Work.

8.01.04 Payment of Workers .01 The Contractor shall, in addition to any fringe benefits, pay the workers employed

on the Work in accordance with the labour conditions set out in the Contract Documents and at intervals of not less than twice a month.

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.02 The Contractor shall require each Subcontractor doing any part of the Work to pay the workers employed by the Subcontractor on the Work in the same manner as set out in paragraph GC 8.01.05.01.

.03 Where any person employed by the Contractor or any Subcontractor or other person on the Work is paid less than the amount required to be paid under the Contract Documents, the Owner may set off monies owing to the Contractor to reflect the amount required to be paid under the Contract Documents.

8.01.05 Records .01 The Contractor shall maintain and keep accurate Records relating to the Work, including

any Changes in the Work, and claims arising therefrom. Such Records shall be of sufficient detail to support the total cost of the Work, and any Changes in the Work. The Contractor shall preserve all such original Records until 12 months after all claims have been settled. The Contractor shall require that Subcontractors employed by the Contractor preserve all original Records pertaining to the Work, or any Changes in the Work and claims arising therefrom for the same period of time.

.02 If, in the opinion of the Contract Administrator, Daily Work Records are required, the Contractor's Daily Work Records shall include the labour and Equipment employed and the Material used on any specific portion of the Work. The Daily Work Records shall be reconciled with and signed by the Contractor's representative each day.

.03 The Owner may inspect and audit the Contractor's Records relating to the Work, and any Changes in the Work at any time during the period of the Contract. The Contractor shall supply certified copies of any part of its Records required whenever requested by the Owner.

8.01.06 Taxes and Duties .01 Where a change in Canadian Federal or Provincial taxes occurs after the date of the

Tender Call closing for this Contract, and this change could not have been anticipated at the time of bidding, the Owner shall increase or decrease Contract payments to account for the exact amount of tax change involved.

.02 Claims for compensation for additional tax cost shall be submitted by the Contractor to the Contract Administrator on forms provided by the Contract Administrator to the Contractor. Such claims for additional tax costs shall be submitted not less than 30 Days after completion.

.03 Where the Contractor benefits from a change in Canadian Federal or Provincial taxes, the Contractor shall submit to the Contract Administrator, on forms provided by the Contract Administrator, a statement of such benefits. This statement shall be submitted not later than 30 Days after completion.

.04 Changes in Canadian Federal or Provincial taxes that impact upon commodities, which when left in place form part of the finished Work, or the provision of services, where such services form part of the Work and where the manufacture or supply of such commodities or the provision of such services is carried out by the Contractor or a Subcontractor, are subject to a claim or benefit as detailed above. Services in the latter context means the supply and operation of equipment, the provision of labour and the supply of commodities, which do not form part of the Work.

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NOTICE OF "NO BID" RFQ#: 3707-17-0081

CLOSING DEADLINE:

4/4/2017

IMPORTANT - PLEASE READ THIS It is important to the City to receive a reply from all Bidders. There is no obligation to submit a Bid; however, should you choose not to bid, completion of this form will assist the City in determining the type of goods or services you are interested in bidding on in the future in order to ascertain a better understanding of why a Quotation was not provided to the City to consider. INSTRUCTIONS: If you are unable, or do not wish to quote on this RFQ, please complete the following portions of this form. State your reason for not bidding by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other quotation documents. Return the completed form by email or fax to the Official Point of Contact prior to the Closing Deadline.

Company Name:

Address:

Signature of Company Representative:

Position:

Date: Telephone :

1. We do not manufacture/supply this commodity 6. We do not manufacture/supply to this

specification

2. Unable to quote competitively 7. Cannot handle due to present plant loading

3. Quantity/job too large 8. Quantity/job too small

4. Cannot meet delivery/completion requirements 9. Licensing restrictions

5. Agreements with distributors/dealers do not permit us to sell direct

10. Conditions too restrictive

Yes No

Do you wish to quote on these goods/services in the future?

Please take the opportunity to tell us how we can improve upon this call:

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