table of contents tender call no. 300-2015 contract no. n/a...table of contents tender call no....

Table of Contents Tender Call No. 300-2015 Contract No. N/A

PMMD V 5.11b – February 9, 2015

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Section 1 – Tender Process Terms and Conditions 10

1. Definitions 1-1 2. Bidder’s Responsibility 1-2 3. Tender Submission Package 1-2 4. Bid Bond 1-2 5. Mandatory/Optional Site Meetings 1-2 6. Fair Wage Policy 1-3 7. Questions 1-3 8. Addenda 1-3 9. Omissions, Discrepancies and Interpretations 1-4 10. Incurred Costs 1-4 11. Post-Submission Adjustments 1-4 12. Withdrawal of Bids 1-4 13. Irrevocability 1-5 14. No Collusion 1-5 15. Prohibition against Gratuities 1-5 16. Acceptance of Bids 1-5 17. Non-compliant Bids 1-6 18. Execute Contract 1-8 19. Failure or Default of Bidder 1-8 20. Currency 1-8 21. Tied Bids 1-8 22. Mathematical Errors 1-8 23. Conflicts of Interest 1-9 24. Ownership and Confidentiality of City-Provided Data 1-9 25. Ownership and Disclosure of Bid Documentation 1-9 26. Intellectual Property Rights 1-9 27. Governing Law 1-10 28. Quasi-Criminal/Criminal Activity of a Bidder/Proponent 1-10

Section 2 – Information for Bidders 6

1. General Information 2-1 2. Mandatory Site Meetings 2-2

Optional Site Meetings 2-2 3. Deadline for Questions 2-2 4. Fair Wage Schedule Information 2-2 5. City of Toronto - Invoice/Billing Requirements 2-3 6. Instructions for Section 3 Tender Submission Package 2-5

6.1 Mandatory Bid Submission Requirements 2-5 A. Tender Call Cover Page 2-5 B. Bid Bond 2-5 C. City Policies Submission Form 2-6 D. Pricing Form 2-6

6.2 Mandatory Submission Requirements Prior to Award 2-6

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Table of Contents Tender Call No. 300-2015 Contract No. N/A

PMMD V 5.11b – February 9, 2015

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A. Experience and Qualifications Form 2-6 B. Statutory Declaration 2-7 C. List of Subcontractor Form 2-8 D. Corporate Profile Report 2-8 E. Itemized Prices 2-9

Section 3 – Tender Submission Package

1. Bid Bond 2 3-1 2. Statutory Declaration Form for Occupational Health and

Safety 6 3-3

3. City Policies Submission Form 1 3-9 4. Pricing Form 1 3-10 5. Experience and Qualifications Form 3 3-11

Section 4 – Scope of Work 109 4-1

Section 5 – Supplementary Conditions to CCDC 2-2008 Stipulated Price Contract

29 5-1

Section 5A – Specific Conditions of Contract 15 5A-1

Section 6 – Contract Execution Package

1. CCDC 2-2008 Stipulated Price Contract 1 6-2 2. CCDC 221-2002 Performance Bond 1 6-3 3. CCDC 222-2002 Labour & Material Payment Bond 1 6-4 4. WSIB & Tax Statutory Declaration Form 1 6-5 5. Insurance Certificate 2 6-6 6. Declaration of Compliance with Anti-

Harassment/Discrimination Legislation & City Policy Form 1 6-8

7. Supplementary Statutory Declaration Form for Occupational Health and Safety

6 6-9

Section 7 – City Policies 7-1

1. City of Toronto Accessible Customer Service Training Requirements

1

2. Chapter 67 Schedule A – Fair Wage Policy 5 3. Chapter 67 Schedule B – Labour Trades Contractual

Obligations in the Construction Industry 2

4. Applicable Chapter 67 Schedule C – Fair Wage 1 5. Right to Reject Debtors and Set-off Policy 6 6. Policy on the Restrictions on the Hiring and Use of Former

City of Toronto Management Employees for City Contracts 2

7. Toronto Licensing Requirements 1 8. Environmentally Responsible Procurement Statement 1 9. Contractor Performance Evaluation 1 10. Notice of "No Bid" Form 1

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Section 1 – Tender Process Terms and Conditions Tender Call No. 300-2015 Contract No. N/A

PMMD V 5.11b – February 9, 2015 Page 1-1

1. Definitions

Throughout this Tender Call, unless inconsistent with the subject matter or context, “Addenda” or “Addendum” means a document containing additional information and/or changes to the Tender Call issued by the City prior to the Closing Date; "Affiliate" means an affiliated body corporate as defined in the Business Corporations Act, R.S.O. 1990, c. B.16 as amended; “Bid” means an offer submitted by a Bidder in response to a Tender Call, which includes all of the documentation necessary to satisfy the submission requirements of the Tender Call and “Bids” shall have a corresponding meaning; “Bidder” means a legal entity, being a person, partnership or firm that submits a Bid in response to a formal Tender Call and “Bidders” shall have a corresponding meaning; “Buyer” means the main contact person at the City for all matters related to the Tender Call process, as set out on the Tender Call Cover Page; “Chief Purchasing Official” means the person holding the position of Director of Purchasing and Materials Management whose responsibility it is to supervise and carry out the procurement function on behalf of the City and includes her/his designate; “City” means the City of Toronto; “Closing Date” means the specified deadline for Bids to be submitted to the City as indicated on the Tender Call Cover Page and any subsequent Addenda; “Contract” means the Contract Execution Package duly executed by the Successful Bidder and the City with respect to the Work contemplated by this Tender Call, and shall be deemed to include all terms and conditions set out in this Tender Call; “Contract Administrator” means the main contact person at the City for all matters relating to the project. The reference to “Project Manager” means the same; “Contractor” means the Successful Bidder of the Tender Call with whom the City enters into a Contract with to perform the Work; “Council” means City Council; “MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act R.S.O. 1990, Chapter M.56, as amended, or any successor or replacement legislation; “Subcontractor” means a person, partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor; “Successful Bidder” means the Bidder that has been selected to perform the Work; “Tender Call” means this Tender Call package in its entirety, inclusive of all appendices and Addenda/Addendum that may be issued by the City;

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“Work” means all services and deliverables to be provided by a Contractor as described in this Tender Call.

2. Bidder’s Responsibility

It shall be the responsibility of each Bidder:

a) to acquire, from online or other sources as specified, any document (including any applicable copyright seal) that is referenced or mentioned in this Tender Call which is not physically attached herein;

b) to examine all the components of this Tender Call, including all reference

documents, appendices, forms and addenda;

c) to become familiar and comply with all of the terms and conditions contained in this Tender Call and the City’s Policies and Legislation set out on the City of Toronto website at: http://www.toronto.ca/purchasing/policies

The failure of any Bidder to acquire, receive or examine any document, form, addendum, or policy shall not relieve the Bidder of any obligation with respect to its Bid or any purchase order issued based on its Bid.

3. Tender Submission Package

To submit a valid Bid, Bidders must complete, in ink, all the applicable forms in Section 3, and complete, sign and seal the Tender Call Cover Page. As a means of facilitating the announcement of the Bid amounts, the Bidder is to complete the Tender Call Cover Page, including filling in the “Amount of Tender Call” in the space provided. This insertion is to facilitate the conduct of the Public Opening meeting only. For Lump Sum Tenders, in the event of any discrepancy between the information so inserted on the front cover and the amount set out in the Pricing Form in Section 3, the Pricing Form total shall govern. For Unit Price Tenders, where any discrepancy exists between the total price and the unit price, the unit price shall prevail and the total price shall be adjusted accordingly.

4. Bid Bond

Every Bid shall be accompanied by a Bid Bond in the provided form in the specified amount signed by a guarantee surety company, acceptable to the City of Toronto Treasurer, authorized by law to carry on business in the Province of Ontario, and having an office in Ontario, to secure the execution of the formal Contract. Failure of a Bidder to submit a fully completed Bid Bond in the form enclosed in Section 3 - Tender Submission Package, shall result in the Bid being rejected as non-compliant. Submitting a photocopy of the Bid Bond is not acceptable.

5. Site Meetings

Mandatory Site Meetings

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If a mandatory site meeting has been indicated in the Tender Call, then interested Bidders MUST attend the site meeting to familiarize themselves with the project and ascertain the full extent of the Work required. Bidders must sign in with the City’s Representative at the Mandatory Site Meeting during the designated date and time for their Bid to be considered. Bids submitted by Bidders that do not attend the mandatory site meeting SHALL be declared non-compliant. Optional Site meetings If a mandatory site meeting is not required, interested Bidders may be invited to attend an optional site meeting as indicated on the Tender Call Cover Page to familiarize themselves with the project and ascertain the full extent of the work required. Any information available at the optional site meeting will be issued by an Addendum to the list of Bidders who purchased the Tender from the City.

6. Fair Wage Policy

The Bidder agrees to abide by the Fair Wage Policy as found in Section 7 – City Policies and pay its workers the appropriate wage as set out in the applicable Fair Wage Schedule(s). The Fair Wage Schedule(s) applicable to this Tender Call is/are set out in Section 2 – Information for Bidders. As per the Fair Wage Policy, in the case of a jurisdictional dispute or disputes as to rate of wages to be paid under the Contract or to the amount to be paid to any worker, the decision of the Manager, Fair Wage Office, shall be final and binding upon all parties. Failure to comply with the Fair Wage Policy, or being in violation of the Fair Wage Policy without paying restitution as set out in the Fair Wage Policy (Chapter 67 – Fair Wage – Schedule A Fair Wage Policy § 67-A8D) may result in the Bid being declared non-compliant.

7. Questions

All questions concerning this Tender Call should be directed in writing to the Buyer as designated on the Tender Call Cover Page. No other City representative, whether an official, agent or employee, is authorized to speak for the City with respect to this Tender Call, and any Bidder who uses any information, clarification or interpretation from any other representative does so entirely at the Bidder’s own risk. 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 Tender Call process may be grounds for rejection of its Bid.

8. Addenda

The City reserves the right to revise this Tender Call up to the Closing Date, including extension of the Closing Date. Any such revisions will be made by way of Addenda. Addenda will be faxed or emailed to the Tender Call pick up log.

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All Bidders must comply with and acknowledge all Addenda in their Bid. Failure to acknowledge receipt of Addenda on the Tender Call Cover Page SHALL result in the rejection of the Bid.

9. Omissions, Discrepancies and Interpretations

A Bidder who finds omissions, discrepancies, ambiguities or conflicts in any of the Tender Call documentation or who is in doubt as to the meaning or has a dispute respecting any part of the Tender Call should notify the Buyer in writing not later than three (3) working days before the Closing Date. 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 Tender Call documents.

10. 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 Bid. The rejection or non-acceptance of any or all Bids shall not render the City liable for any costs or damages to any Bidder that submits a Bid.

11. Post-Submission Adjustments

No unilateral adjustments by Bidders to submitted Bids will be permitted. If the City makes a written request to a Bidder for clarification of its Bid, the Bidder will provide a written response within 48 hours accordingly, unless otherwise indicated, which shall then form part of the Bid.

12. Withdrawal of Bids

A) Prior to Submission Deadline

A Bid may be withdrawn at any time prior to the submission deadline by delivery to the City of Toronto Purchasing and Materials Management Division at the address therein specified of a written notice to that effect under the Bidder's duly attested corporate seal (or if the Bidder possesses no corporate seal, accompanied by a sworn statement establishing that the signatory of the notice has authority to bind the Bidder), which notice shall identify the contract Bidder and, if more than one Bid has been submitted by that Bidder, the Bid(s) to be withdrawn, on the basis that the Bid material for any Bid so withdrawn shall be returned to the Bidder as soon after the opening of all Bids as is convenient for the City of Toronto Purchasing and Materials Management Division.

B) During Opening (THIS SECTION 12.B IS NOT APPLICABLE TO THIS TENDER)

Procedures for the withdrawal of Bids will be applied during the opening of Bids. Bidders are to have a representative in attendance at the Bid opening in the event Bids are to be withdrawn. Whoever signs to withdraw on behalf of a company shall produce an authority to sign under the corporate seal of the Company or signature of

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the owner.

Bids will be opened at the appointed time in a random or "Lottery" type order. The City of Toronto Purchasing and Materials Management Division representative present at the Public Opening will determine the order in which the Tender Calls are to be opened.

At the conclusion of reading out of Bids for each Tender Call, and before the opening of the Bids for the subsequent Tender Calls, the low Bidder for that Tender Call will have the opportunity to withdraw its remaining Bids.

Bids will be withdrawn by submission to the City of Toronto Purchasing and Materials Management Division of a properly completed "Contractor's Notice of Withdrawal" form which will be made available.

Bids withdrawn under this procedure will not be opened and cannot be reinstated.

13. Irrevocability

After the Closing Date, each submitted Bid shall be irrevocable and binding on Bidders for a minimum period of 90 days.

14. No Collusion

No Bidder may discuss or communicate about, directly or indirectly, the preparation or content of its Bid with any other Bidder or the agent or representative of any other Bidder or prospective Bidder. The Bidder shall disclose at or prior to the Closing Date whether it is an Affiliate of any other prospective Bidder. If the City discovers there has been a breach at any time, the City reserves the right to disqualify the Bid or terminate any ensuing Contract.

15. Prohibition against Gratuities

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 aris-ing from this Tender Call, 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 confer-ring favours or being lenient, or in any other manner whatsoever. If the City determines that this article has been breached by or with respect to a Bidder, the City may exclude its Bid from consideration, or if a Contract has already been enter-ed into, may terminate it without incurring any liability.

16. Acceptance of Bids

A. The City shall not be obliged to accept any Bid in response to this Tender Call.

B. The City may modify and/or cancel this Tender Call prior to accepting any Bid.

C. Bids may be accepted or rejected in total or in part.

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D. The lowest quoted price may not necessarily be accepted by the City.

E. In determining which Bid provides the best value to the City, consideration may

be given to the past performance of any Bidder. Bidders that are currently on a City of Toronto suspended vendor list are not eligible for an award. The City also reserves the right not to make an award to an Affiliate of a suspended vendor.

F. The City reserves the right to verify the validity of information submitted in the Bid

and may reject any Bid where, in the City’s sole estimation, the contents appear to be incorrect, inaccurate or inappropriate.

G. The City reserves the right to assess the ability of the Bidder to perform the

Contract and may reject any Bid where, in the City’s sole estimation, the personnel and/or resources of the Bidder are insufficient.

H. If, in the opinion of the City, any Bidder has underestimated the value of the

goods and/or services to be provided as reflected in its submitted price/fee, the City may reject its Bid as unbalanced (i.e., not representative of the scope of the goods and/or services). The City may reject a bid if it determines, in its sole discretion, that the Bid is materially unbalanced.

A bid is materially unbalanced when:

(1) 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

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

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

17. Non-compliant Bids

Bids which are incomplete, conditional or obscure or which contain additions not called for, erasures or alterations of any kind may be rejected. The City reserves the right to waive immaterial defects and minor irregularities in any Bid. The chart below lists irregularities and the respective action that will be taken by the Chief Purchasing Official, in determining whether a Bid is non-compliant. The Chief Purchasing Official is not limited to the following list for reasons to declare a Bid non-compliant. Bidders are reminded to read the entire Tender Call document, as failure to comply with other requirements may or shall result in a Bid being declared non-compliant.

IRREGULARITY ACTION

Late Response Automatic rejection and not read publicly.

Unsealed Envelopes Automatic rejection

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IRREGULARITY ACTION

Insufficient Financial Security (No deposit

or Bid Bond or insufficient deposit or Bid Bond).

Automatic rejection

Response not completed in non-erasable

medium and signed in ink

Automatic rejection

Incomplete Response Automatic rejection unless, in the opinion of the Chief Purchasing Official, the incomplete nature is trivial or insignificant.

Qualified Response (qualified or restricted

by an attached statement unless allowed for).

Automatic rejection unless, in the opinion of the Chief Purchasing Official the qualification or restriction is trivial or not significant

Response received on documents other than those provided by the City

Automatic rejection unless, in the opinion of the Chief Purchasing Official the matter is trivial or insignificant

Execution of Bid Bonds (Financial Security)

Corporate seal or signature of the bidder missing.

Two (2) business days to correct

Both corporate seal and signature of the bidder missing.

Automatic rejection.

Corporate seal or signature of authorized agents of bonding company missing.

Automatic rejection.

Other Bid Security - Uncertified Cheques Automatic rejection.

Documents – Execution:

Corporate seal or signature missing. Two (2) business days to correct.

Corporate seal and signature missing Automatic rejection

Erasures, Overwriting or Strike-Outs which

are not Initialed:

Uninitialed changes to responses which are minor (example: the respondent’s address is amended by over-writing but not initialed)

Two (2) business days to initial.

Unit prices have been changed but not initialed and the contract totals are consistent with the price as amended.

Two (2) business days to initial

Unit prices have been changed but not initialed and the contract totals are not consistent with the price as amended.

Automatic Rejection

Minor Irregularities The Chief Purchasing Official shall have the authority to waive irregularities deemed to be minor.

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18. Execute Contract

The Successful Bidder will be required to execute the Contract by taking the following steps within ten (10) working days, not including Saturday, Sunday or a legal holiday, after being notified by the City that the Contract is ready for signature:

execute three or four (as requested by the City) original copies of the CCDC-2 form of agreement and obtain and affix (at the Successful Bidder's sole cost) a CCDC copyright seal to the front page of each of the originally executed copies ;

obtain and furnish three or four (as requested by the City) original copies of a CCDC 221-2002 Performance Bond and a CCDC 222-2002 Labour and Material Payment Bond all signed and sealed by itself and its surety;

arrange for 2 original copies of the City's form of insurance certificate to be completed and signed (including stamp of insurance broker) as required;

complete and sign the City's WSIB & Tax Statutory Declaration Form; and complete and sign the Supplementary Statutory Declaration if required.

Should the Successful Bidder fail or refuse to execute the Contract by taking the steps outlined in this section within ten (10) working days after being requested by the City, it will be considered that the Successful Bidder has abandoned all rights and interests in the award and the City will call on the Bid Bond.

19. Failure or Default of Bidder

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 Tender Call, the City may:

a) disqualify the Bidder from the Tender Call and/or from competing for future Tender Calls issued by the City for a period of one year; and

b) require the Bidder to pay the City the difference between its Bid and any other

Bid 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.

20. Currency

Unless otherwise stated herein, prices quoted are to be in Canadian dollars. 21. Tied Bids

In the event that the City receives two (2) or more Bids identical in price, the City reserves the right to select one of the tied Bids by way of lottery or coin toss as set out in the Purchasing Procurement Processes Policy.

22. 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(s) will be applied to the total bid price quoted.

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23. Conflicts of Interest

In its Bid, the Bidder must disclose to the City any potential conflict of interest that might compromise the performance of the Work. If such a conflict of interest does exist, the City may, at its discretion, refuse to consider the Bid. 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 Bid or withhold the awarding of any Contract to the Bidder until the matter is resolved to the City’s sole satisfaction. Bidders are cautioned that the acceptance of their Bid may preclude them from participating as a Bidder in subsequent projects where a conflict of interest may arise. The Successful Bidder for this project may participate in subsequent/other City projects provided the Successful 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 Successful Bidder.

24. Ownership and Confidentiality of City-Provided Data

All correspondence, documentation and information provided by City staff to any Bidder or prospective Bidder in connection with, or arising out of this Tender Call, the Work or the acceptance of any Bid:

a) is and shall remain the property of the City;

b) must be treated by Bidders and prospective Bidders as confidential;

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

25. Ownership and Disclosure of Bid Documentation

The documentation comprising any Bid submitted in response to this Tender Call, along with all correspondence, documentation and information provided to the City by any Bidder in connection with, or arising out of this Tender Call, once received by the City:

a) shall become the property of the City;

b) shall become subject to MFIPPA, and may be released, pursuant to that Act. Because of MFIPPA, prospective Bidders are advised to identify in their Bid material any scientific, technical, commercial, proprietary or similar confidential information, the disclosure of which could cause them injury. Each Bidder’s name and price shall be made public. Bids will be made available to members of Council on a confidential basis and may be released to members of the public pursuant to MFIPPA.

26. Intellectual Property Rights

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Each Bidder warrants that the information contained in its Bid does not infringe any intellectual property right of any third party 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 Bid.

27. Governing Law

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

28. Quasi-Criminal/Criminal Activity of a Bidder/Proponent

The City may reject a Bid or Bidder if the City:

1. 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 as defined in the Provincial Offences Act, or an offence pursuant to similar laws outside of Ontario;

2. determines that this charge or conviction is material to the given procurement; and

3. determines that, in light of this charge or conviction, awarding to that Bidder could compromise the delivery of the goods or services or would otherwise undermine the business reputation of the City or the public's confidence in the integrity of the call process.

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Section 2 – Information for Bidders Tender Call No. 300-2015 Contract No. N/A


1. General Information

Section 1 – Tender Process Terms and Conditions sets out the terms and conditions that will be used during the process of the Tender Call. Each Bidder should review the terms and conditions to understand the rules related to the Tender Call process.

Section 2 – Information for Bidders contains general information and instructions for Bidders in relation to filling out this Tender Call.

Section 3 – Tender Submission Package contains the forms that must be filled out and returned to form a complete Bid. Please see below for instructions.

Section 4 – Scope of Work contains the scope of work for the Tender Call, the specifications that must be abided by for the Tender Call and any related drawings to understanding the work required. Bidders should review this section in detail to fully understand what the Bidder is bidding on.

Section 5 – General Conditions of Contract contains the CCDC-2 – 2008, Stipulated Price Contract and the City of Toronto’s Supplementary General Conditions to the CCDC-2 -2008, Stipulated Price Contract. The Bidder should review these terms, along with any Specific Conditions of Contract that may be included as Section 5A, to understand the Contract being entered into with the City.

Section 5A – Specific Conditions of Contract, if included, contains additional terms for the Contract that supersedes or adds to the General Conditions of Contract. The Bidder should review these terms to understand the Contract being entered into with the City.

Section 6 – Contract Execution Package will contain: (i) the CCDC-2 – 2008, Stipulated Price Contract (CCDC -2 is published by the Canadian Construction Document Committee ("CCDC") and is available for purchase from authorized document outlets listed on the following Web site: http://www.ccdc.org/WhereToBuy/WhereToBuy.html; (ii) the CCDC 221-2002 Performance Bond and the CCDC 222-2002 Labour and Material Bond (both of these bonds must be obtained by the Successful Bidder and are available for purchase from authorized document outlets listed on the following Web site: http://www.ccdc.org/WhereToBuy/WhereToBuy.html or a surety company); (iii) the City's form of Insurance Certificate; (iv) the WSIB & Tax Statutory Declaration; and (v) if applicable, a Supplementary Statutory Declaration for Occupational Health and Safety/Asbestos. These forms do not have to be submitted for the Bid to be valid. Please see Section 1, article 18 for additional information on the execution of the Contract.

Section 7 – City Policies contains specific policies related to the Tender Call. It is the responsibility of the Bidder to review all of the City Policies located in Section 7 and as found on the City’s website at www.toronto.ca/purchasing/policies. Commencing October 1, 2013 all Tender Call documents contain a copy of the Contractor

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Performance Evaluation Form in Section 7. The Form helps to summarize and quantify performance. It provides guidance to City staff on creating and maintaining an evaluative record of a Contractor's performance on City projects for the purpose of Contract management and future purchasing decisions. If you have any questions about this process, please do not hesitate to forward your questions via email to [email protected]

2. Mandatory Site Meeting

Bidders are required to attend the following Mandatory Site Meeting to ascertain the amount of work involved. A Mandatory Site Meeting will take place at 10:00 a.m. local time on November 3, 2015 on site. Meet with the City representative at Building D at 1026 Finch Avenue West, Toronto. Site meetings will not be available at any other times.

Bidders must sign in with the City’s Representative at the Mandatory Site Meeting during the designated date and time for their Bid to be considered. Bids submitted by Bidders that do not attend the mandatory site meeting SHALL be declared non-compliant.

Optional Site Meeting

Not Required

3. Deadline for Questions

All questions concerning this Tender Call should be directed in writing to the Buyer indicated on the Tender Call Cover Page. The last day for questions with respect to this Tender Call is three (3) working days before closing time and date.

4. Fair Wage Schedule Information

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

“INDUSTRIAL, COMMERCIAL, INSTITUTIONAL (I.C.I.) WORK”

Please review a copy of the Fair Wage Schedule applicable to this Tender 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: [email protected]

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5. 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 delay and the invoice may be returned to you without payment. It is the vendor's responsibility to submit correct invoices for payment of goods /services delivered to the City of Toronto divisions. If an incorrect invoice is submitted, the vendor will be requested to issue a credit note and submit a new invoice. If the invoice 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. 5.1 Exceptions The standard invoice billing requirement must be followed with the exception of vendor invoices related to an approved capital project subject to construction lien holdbacks only. Billing requirement direction will be provided by the contract custodian or city divisional designate. 5.2 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 [email protected] . Electronic invoices submitted must be in a PDF format with one invoice 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. 5.3 Billing Requirements 1) Original 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 2) 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

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Purchase Order (DPO), or Schedule "A" must be clearly indicated on the invoice. (*This purchasing number should be provided by City staff at the time of order*)

Invoices that do not contain the required billing information may be returned without payment to the vendor for correction. 3) City purchases with the use of a credit card/PCard, are NOT to be sent to Corporate Accounts Payable. These invoices are considered paid. 4) Vendors are encouraged to provide packing slips and/or goods receipt confirmations directly to the ordering Division for goods/services delivered. 5) Vendors are to provide backup documentation directly to the ordering Division, not Corporate Accounts Payable. 5.4 Contract Release Order for Contract Purchases A request for delivery in the form of a Contract Release Order (CRO) will be issued for each purchase against a contract. All invoices submitted for payment of contract goods/services must contain:

I. Blanket Contract Number II. Contract Release Order Number (CRO)

Under no circumstances are Contract Release Orders to be filled for commodities or services that are not included on a Contract. The total value estimated on a Contract including all charges, excluding any applicable taxes, is not to be exceeded without authorization. A Contract shall not be valid once the specified period has elapsed unless an extension has been requested by the City. The City, in its sole discretion, has the right to terminate a contract prior to the expiration of the term without cause or penalty, provided the Total Value Estimated as specified on the Contract Order has been reached. 5.5 Payment Terms Unless otherwise specified on the invoice, the City will assign payment terms of Net 30 days. Payment terms "Due Upon Receipt" are considered Net 30 days. 5.6 Discount Terms The City will consider offers of early payment discount terms. If correct billing information has been indicated on the invoice, it is the City’s policy to pay within vendor’s discount terms from the receipt date of the invoice in the Corporate Accounts Payable unit – Metro Hall, 55 John Street, 14th Floor.

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Early Payment terms should be clearly indicated on the invoice. Note: 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. 5.7 Direct Deposit

City of Toronto offers secure electronic deposit payments directly to your bank account through our “Direct Deposit” program. For more information and/or to enrol for this payment option, please email us at [email protected] or contact AP Customer Service at 416-397-5235 and follow the prompts. Effective January 1, 2014, all new contracts for existing or new vendors must be enrolled in the Direct Deposit program.

6. Instructions for Section 3 - Tender Submission Package

6.1 Mandatory Bid Submission Requirements

The following must be completed in its entirety and submitted with your Bid at the time of closing. Failure to submit SHALL result in the Bid being rejected as non-compliant.

A. Tender Call Cover Page

Bidder must fill in all information as requested in ink. Remember to have the cover signed and sealed by an authorized signing officer, if a corporation. If not a corporation, have the cover signed by an authorized signing officer.

Remember to indicate the receipt of all addenda.

B. Bid Bond

Every Bidder shall submit with their Bid a Bid Bond in the amount of 10% of Total Bid Price to provide a Performance Bond and a Labour and Material Bond for the due and proper performance of the Work, each in the amount of 50% of the Contract amount including an extended 24 month warranty period. The Bonds will be issued by a licensed surety company authorized to transact business in the Province of Ontario and shall be maintained in good standing until the fulfilment of the Contract. The bonds shall be in accordance with the City's standard form attached to this document. Failure of a Bidder to submit a fully completed Bid Bond, in the form enclosed in the Tender Submission Package SHALL result in the Bid being rejected as non-compliant. Should the Bidder fail or refuse to execute the Agreement within ten (10) working days after being requested by the City, it will be considered that the Bidder has abandoned all rights and interests in the award and the City will call on the Bid Bond.

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C. City Policies Submission Form

The Policy Submission Form contains three statements from different City of Toronto Policies. The complete text of these policies can be found on the City’s website (http://www.toronto.ca/purchasing/policies). The Bidder shall answer the questions posed and include the submission form with the completed Tender Submission Package.

D. Pricing Form

All instructions to fill out the Pricing Form can be found on the first page of the Pricing Form in Section 3. In the event of any discrepancy between the information provided on the Tender Call Cover Page and the amount set out in the Pricing Form, the Pricing Form shall govern. In the event of any discrepancy between the total price and the unit price, the unit price shall prevail and the total price shall be adjusted accordingly.

6.2 Mandatory Submission Requirements Prior to Award

The Bidder must submit the following documents within five (5) working days upon being contacted by the City. Failure to submit the documents within this time limit will result in disqualification of the Bid.

A. Experience and Qualifications Form

The Bidder must have the following minimum qualifications / experience in order to be considered for award: 1. Minimum of 7 years as an electrical contractor. 2. Minimum of 4 electrical projects in the last 2 years working in facilities while occupied.

In order to prove they have the required experience, the Bidder must complete and submit the Experience and Qualifications Form as contained in Section 3, Tender Submission Package as part of their Tender submission and provide the following information:

Project description, i.e. location, scope of work, project value and contract number;

Approval authority contact along with telephone or e-mail information; Owner contact information; Consultant contact information (if applicable) and; List of Sub-Contractors for each project.

In providing this information, the Bidder gives the City and the Consultant consent to contact these individuals to confirm the information. Failure to provide the required information listed on the Experience and Qualifications Form shall render the Bid non-compliant. If required, the City will make its own arrangements in contacting the references. If, at the City’s sole discretion, the references do not confirm the Bidder’s

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http://www.toronto.ca/purchasing/policies



ability to undertake the Work associated with the requirements stated in this Tender Call, the Bid will be declared non-compliant and will not be considered for award.

The City reserves the right to verify whether Bidders are relying upon past experience of an affiliated/related legal entity including the nature of the corporate relationship and its relevance to this project. If, at the City's sole discretion, it is determined that a Bidder is relying on an affiliated/related legal entity's past experience and a transfer of the affiliated/related legal entity's experience cannot be demonstrated as relevant to this project, then the Bid will be declared non-compliant and not be considered for award. The City reserves the right to verify past performance of the Bidder or its affiliated entities on relevant past City projects (including the City's Agencies, Boards, Commissions and Corporations).

B. Statutory Declaration for the Occupational Health and Safety Act

It is the Bidder’s responsibility as "Constructor" under the provisions of the Occupational Health and Safety Act of Ontario, R.S.O. 1990, c. O.1, as may be amended (hereinafter “OHSA”), to co-ordinate the activities of all employees and workers under the Bidder’s control operating within the Contract limits to ensure that the requirements of the OHSA are satisfied. To that end, the Bidder must complete the Statutory Declaration found in Section 3 indicating whether they comply with the OHSA. This Statutory Declaration must be signed and declared before a Commissioner of Oaths. The Statutory Declaration states that:

i) the Bidder and all Sub-Contractors have in place safety programs according to the requirements of the OHSA;

ii) all employees of the Bidder and Sub-Contractors have received training in occupational safety in accordance with the requirements of the OHSA; and

iii) a representative of the Bidder, whom it shall designate and name in the required Statutory Declaration, with responsibility for supervising the Contract's implementation is qualified as a "Competent Person" as defined in the OHSA.

In the case where the Bidder has indicated "HAVE NOT" in either or both of sub-clauses 3(A) or 3(B) of the Statutory Declaration submitted with its Bid and has been awarded the Contract, the Bidder will be required to submit a Supplementary Statutory Declaration after award of the Contract in the form provided in Section 6 entitled “Supplementary Statutory Declaration” to the effect that the requisite training and programmes are in place. The Bidder will bear full responsibility for all consequences, financial or otherwise, of any failure or delay by the Bidder in submitting the Supplementary Statutory Declaration.

C. List of Subcontractors Form

Upon request, the Bidder will be required to provide a list of Subcontractors and associated work types to the City for its review and approval prior to award.

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Bidders must not include companies under suspension by the City on their list of Subcontractors. Where union affiliation is required pursuant to the City’s “Labour Trades Contractual Obligations in the Construction Industry” (more particularly described in the document attached to the Applicable City Policies section) for the Work or any part thereof, the Contractor (and any Subcontractor performing any part of such Work) must be affiliated with the applicable collective bargaining agency and the Bidder shall submit proof of such affiliation of the Contractor prior to an award of contract.

The Contractor will not be permitted to change any named Subcontractor without the written approval of the Contract Administrator. Any request for changing a named Subcontractor must be submitted in writing. The Contractor acknowledges that upon receipt of such a request by the City, the review and approval process could take a time to complete. Any delay in the commencement of the Work or in the performance of the Work or in the Contractor’s performance of its obligations under the Contract related to or arising from the City’s consideration of the Contractor’s request for a Subcontractor change shall be solely borne by the Contractor.

D. Corporate Profile Report Upon request, the Contractor will be required to provide a copy of the Contractor's and/or any of the Contractor's affiliated/related legal entities' Corporate Profile Report(s) (Ontario), or equivalent official record issued by the appropriate government authority.

The City also reserves the right to require the Contractor to provide a copy of the Corporate Profile Report or equivalent official record for all of the Contractor's affiliated or related legal entities.

The Corporate Profile Report(s) must have been issued not more than ten (10) working days prior to the date that the City requests the report. The City reserves the right to confirm the accuracy of the information contained in the Corporate Profile Report, and to require additional information from the contractor as necessary. In the event that a request for a Corporate Profile Report or equivalent official record cannot be processed by the appropriate government office within five (5) working days of the City contacting the contractor, the contractor must provide proof that the request has been made and provide an indication as to when the information is expected to be received. The City may refuse to award a contract to any contractor, including the lowest bidder, where the requested information has not been received within five (5) working days of the City contacting the contractor.

E. Itemized Prices Where included, the Itemized Prices Form must be completed and submitted when requested.

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Section 3 – Tender Submission Package Bid Bond

Tender Call No. 300-2015 Contract No. N/A


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

10% of Total Bid Price

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 Tender for

TENDER CALL NO. 300-2015 CONTRACT NO. N/A

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

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Section 3 – Tender Submission Package Bid Bond



NOW the condition of this obligation is such that if, on acceptance of the Tender of the aforesaid Principal in accordance with the terms and conditions of said Tender within 90 days from the closing date of the Tender, the said Principal shall, within the time required, enter into a formal contract and give good and sufficient bonds required by the said Tender 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 Tender 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 Tenders 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.

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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Section 3 – Tender Submission Package Statutory Declaration with Asbestos Awareness Training


PMMD Construction - V 1.0 – May 20, 2011 Page 3-3

DOMINION OF CANADA } IN THE MATTER of a proposed Contract for } PROVINCE OF ONTARIO } } JUDICIAL DISTRICT } } OF YORK; } } TO WIT: }

as hereinbefore described on the first page of the TENDER CALL PACKAGE.

I/we

of the city / town / village of

in the province of do solemnly declare as follows:

IF AN INDIVIDUAL STRIKE OUT "OF"

1. I am (If an incorporated Company, state "President", “Secretary”, or as the case may be) of

(State Firm Name)

the Bidder herein.

IF AN INDIVIDUAL CARRYING ON A BUSINESS UNDER A FIRM NAME, USE THE FOLLOWING PARAGRAPH

I am the Bidder herein and I carry on business at

under the name of and (State Firm Name)

there is no other person associated with me in partnership.

IF A PARTNERSHIP, USE THE FOLLOWING PARAGRAPH

We are the Bidders herein and we carry on business at

in partnership,


we are the only members of such partnership.

Working Near Asbestos

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2. I/we have a health and safety policy and a programme to implement such policy as required by clause 25 (2) (j) of the Occupational Health and Safety Act. R.S.O., 1990, c. o.1, as may be amended (hereinafter “OHSA”), and the said policy does not conflict with the health and safety policy of the City of Toronto.

3. With respect to the goods and services contemplated in the above Contract, the Bidder and its proposed Subcontractors

a) HAVE/HAVE NOT YET ** conducted training, for all personnel to be involved in providing such goods and services (including but not limited to employees and workers as well as the employees and workers of all sub-contractors), as required by the OHSA and all regulations thereunder, including those with respect to the workplace hazardous materials information system, industrial establishments, construction projects, confined spaces and designated substances.

b) HAVE/HAVE NOT YET **, without limiting the generality of the foregoing, provided its personnel (including but not limited to employees and workers as well as the employees and workers of all sub-contractors) with Asbestos Awareness Training which meets the requirements of Ontario Regulation 278/05 (Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations) and which includes the matters set out in Appendix “A”.

c) HAVE/HAVE NOT YET ** put into effect all programs and plans related to confined spaces as required by the regulations under the OHSA.

d) HAVE/HAVE NOT YET ** put into effect all programmes relating to designated substances as required by the regulations under the OHSA.

e) In the case where "HAVE NOT YET" has been indicated in either or all of (a), (b), (c) or (d) the Bidder undertakes to provide to the Executive Director or General Manager of the respective Division a "Supplementary Statutory Declaration" on the form provided following award of the Contract that the requisite training and/or programmes have been completed in order that a written order to commence work may be issued by the Executive Director or General Manager, and undertakes that no claim for delay or extension of Contract will be made for failure by the Bidder to comply with this requirement.

** EITHER "HAVE" OR "HAVE NOT YET" TO BE STRUCK OUT AND INITIALLED

*** BIDDER TO WRITE IN THE NAME OF THE DESIGNATED “ COMPETENT PERSON ”

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4.(a) The Bidder designates ***____________________________, a representative of the Bidder who shall be assigned to a supervisory role over the work of the Contract and who has received training in the provisions of the OHSA which qualifies him/her to act as a "competent person" as defined in the OHSA, in order to have him/her act in an informed and responsible manner in complying with the OHSA and the Contractor's role as employer under the terms of this Contract and the OHSA.

4.(b) Without limiting the generality of the foregoing, the bidder’s supervisors HAVE/HAVE NOT YET ** received, in addition to Asbestos Awareness Training set out in 3(b), a program of Asbestos Management Training which meets the requirements of Ontario Regulation 278/05 (Designated Substances – Asbestos on Construction Projects and in Buildings and Repair Operations) and which includes the matters set out in Appendix “B”.

5. I/we have carefully read through the foregoing Tender Call Package, and to the best of my/our information, knowledge and belief the several matters stated in the said Bid are in all respects correct and true.

6. I am/we are each of the full age of twenty-one years or over.

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".

SEVERALLY DECLARED before me at the } } of in } the Province of Ontario } } this day } Signing Officer of Company } of 20 }

A Commissioner, etc.

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APPENDIX “A”

“ASBESTOS AWARENESS TRAINING” history of asbestos and asbestos-containing materials how to identify asbestos the hazards of asbestos exposure methods of controlling asbestos hazards the use, care and disposal of protective equipment and clothing to be used and worn

when doing the work use and maintenance of respiratory protective equipment (RPE) personal hygiene to be observed when doing the work Ontario legislation regarding asbestos the measures and procedures prescribed by the Occupational Health and Safety Act and

Ontario Regulation 278/05 regarding asbestos overview of Type 1, Type 2 and Type 3 abatement methods and procedures Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

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APPENDIX “B”

“ASBESTOS MANAGEMENT TRAINING” Occupational Health and Safety Act and Regulations and Ontario Regulation 278/05

regarding Asbestos Identification of health hazards Legislated employer duties Responsibilities of Workers Legislated constructor duties Legislated Asbestos Management Plans Ongoing Asbestos Management in Buildings, O Reg 278/05 Asbestos Records Asbestos Management Program Building Surveys Control considerations including management plan, encapsulation / encasement,

enclosure, removal Asbestos Waste Disposal Environmental Protection Act

Ontario Regulation 347 Packaging Waste Transporting Asbestos Legislation Requirements General Respirator Limitations Types of Respirators Parts of a Respirator Visual Inspection

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Fit Checks Particulate Filters General Guidelines for Abatement Activities Classifying Activities Work Procedures – Type 1, Type 2 and Type 3 abatement methods and procedures Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

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Section 3 – Tender Submission Package City Policies Submission Form



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

a bidders/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 Tender Call Document (this question does not refer to your Bid)?

Yes No

************************************************************************************************************* Policy on Restrictions on Hiring and Use of Former City of Toronto Management Employees for City Contracts

Former City of Toronto management employees who took part in a separation program or received a retirement incentive are prohibited from participating in contracts directly or indirectly related to the City of Toronto and its special purpose bodies for a period of two years starting from an employee’s termination date.

Bidders 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:

************************************************************************************************************* Policy on the Purchase of products manufactured in factories where children are used as slave labour or other exploitive circumstances which impedes child development 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 are 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.

Yes No

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Section 3 – Tender Submission Package Pricing Form



The Bidder must provide the rate and the amount for each Tender item, the total for each part / subsection, the grand total, HST amount and the total amount of Tender on the forms in the ensuing pages. Bidders that do not fully complete these forms (such as leaving lines blank), or have unclear answers (such as "n/a", "-", "tba" or "included" etc.) will be declared non-compliant. Prices that are intended to be zero cost/no charge to the city are to be submitted in the space provided in the price schedule as "$0.00" or "zero".

All spaces for the aforementioned information must be completed in ink ensuring the printing is clear and legible.

Where included, the Alternative Prices, and Supplementary List of Prices Required for Extra Work Forms must also be completed.

The lowest Bidder will be determined solely from the Total Base Bid, subject to the City's reserved rights not to award to any Bidder.

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Section 3 – Tender Submission Package Pricing Form


PRICING DETAIL

Item Description $

1.0 General Requirements (Mobilization / De-mobilization) $______________

2.0 Damaged Wireways Replacement of the damaged wireways (reference: Scope of Work Item #W1 on Sheet No. 2) $______________

3.0 All Other Work All demolitions and supply and installation of new work for all work shown in the Contract Documents (drawings & specifications) and not itemized above. $______________

4.0 Sub-total (Sum of Items 1.0, 2.0 & 3.0) $______________

5.1 Cash Allowance: Inspection / Asbestos Abatement $ 2,500.00

5.2 Cash Allowance: Testing Contractor required to test several lighting contactor panels and provide repair as may be required.

$ 2,500.00

6.0 Contingency Allowance $ 12,500.00

7.0 Sub-total : Total Bid Price, Net of HST

(Sum of Items 4.0, 5.1, 5.2 & 6.0) $______________

8.0 HST Amount (13% of Item 7.0) $______________

9.0 TOTAL AMOUNT OF TENDER CALL, HST included (Sum of Items 7.0 + 8.0) Transfer this amount to the front of Tender document.

$______________

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Section 3 – Tender Submission Package Experience and Qualifications Form Tender Call No. 300-2015 Contract No. N/A

PMMD V 5.9a Page 3-11

MANDATORY TECHNICAL SUBMISSION REQUIREMENTS / QUALIFICATIONS 1. Project Experience / Comparable Projects The Bidder must provide reference projects for the purpose of confirming the Bidder's experience and track record of success as per Section 2, Item 6.2 A. Failure to provide verifiable experience will result in the bid being declared non-compliant. Bidders may attach a separate sheet if more space is required. The Bidder must provide information in the following forms meeting the minimum mandatory requirements:

Minimum of four(4) reference projects for Electrical work in the last two(2) years, working in facilities while occupied.

Minimum of 7 years as an electrical contractor.

Project 1 Project Title:

Year

Scope of Work:

Owner contact information:

Consultant contact information: (If applicable)

Was Work Performed by the same Legal Entity as the Bidder (Yes/No). If no, State name of the affiliated/related Entity that performed the work

If Work Performed by Legal Entity other than the Bidder, state relationship to the Entity Listed


Year

Scope of Work:



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Year

Scope of Work:





36 of 227




Year

Scope of Work:





37 of 227

Section 4 – Scope Of Work Tender Call No. 300-2015 Contract No. N/A


PROJECT: Replacement of Power Distribution Equipment – Building 'B' LOCATION: 1026 Finch Avenue West, Toronto SCOPE OF WORK:

This project involves the replacement of power distribution equipment at the Finch Works Yard, 1026 Finch Ave West, Building ‘B’ only. The contractor will be responsible for disconnecting the old/obsolete equipment and disposing of it offsite while keeping the facility generally operational. New equipment is to be supplied and installed in strict accordance with the tender documents.

New work includes: various power distribution and lighting panel boards, transformers, disconnect switches and interconnecting feeders. Excluded is the main incoming feeder, identified existing panels/panel boards and their supply feeders, and most branch circuit wiring.

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CITY OF TORONTO

TECHNICAL SPECIFICATION

FOR

PROJECT: Replacement of Power Distribution Equipment,

Building ‘B’

ADDRESS: 1026 Finch Avenue West, Toronto, Ontario

Date of issue: September 25, 2015

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TABLE OF CONTENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 00000 - Page 1 of 1

Section Number Title No. PAGES

PART I

DIVISION 00 - BID DOCUMENTS City of Toronto Request for Quotation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

PART II DIVISION 1 - GENERAL REQUIREMENTS Section 01110 - Summary of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 01210 - Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 01320 - Construction Progress Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 01330 - Submittal Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 01355 - Waste Management and Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 01450 - Quality Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 01560 - Temporary Barriers and Enclosures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 01730 - Execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

DIVISION 2 to DIVISION 15 INCLUSIVE Nil

DIVISION 16 - ELECTRICAL Section 16010 - General Electrical Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 16100 - General Electrical Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 16111 - Conduits, Fastenings & Fittings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 16131 - Splitters, Boxes, Cabinets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 16132 - Outlet, & Conduit Boxes and Fittings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

LIST OF DRAWINGS -

Consultant’s Project Number: 6491/D02

Sheet No.

Sheet Name

Sheet No. 1 Key Plan Site Plan General Notes

Sheet No. 2 Floor Plan Building B Electrical Notes

Sheet No. 3 Electrical Single Line Diagram Sheet No. 4 Panelboard Schedules

End of Table of Contents

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SUMMARY OF WORK Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 01110 - Page 1 of 1

PART 1 - GENERAL

1.1 Section Includes

.1 Title and description of Work.

.2 Contract Method.

.3 Work sequence.

.4 Contractor use of premises.

1.2 Work Covered by Contract Documents

.1 Work of this Contract involves a variety of items, including but not limited to:

a. Replacement of distribution panel boards b. Replacement of transformers c. Replacement of receptacle panels d. Replacement of disconnect switches e. Various miscellaneous work as described in the

contract documents

All work is located at the Finch Works Yard (Building ‘B’), 1026 Finch Avenue West, Toronto, Ontario.

1.3 Contract Method

.1 Construct Work under single, stipulated price contract.

1.4 Work Sequence

.1 Work is to be completed in a continuous manner and to accommodate the facility’s operational requirements. Electrical outages at the facility are not permitted. Building ‘B’ will remain fully operational for the duration of the construction period.

.2 Maintain fire access/control.

1.5 Contractor Use of Premises

.1 Contractor shall limit use of premises for Work and

storage. .2 Coordinate use of premises under direction of Owner. .3 Obtain and pay for use of additional storage or work areas

needed for operations under this Contract. PART 2 - PRODUCTS

2.1 Not Used

.1 Not used.

PART 3 – EXECUTION

3.1 Not Used

.1 Not used.

End of Section

41 of 227

ALLOWANCES Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 01210 - Page 1 of 2

PART 1 - GENERAL


.1 Cash allowances. .2 Contingency allowance.

1.2 References

.1 City’s Front-End

1.3 Cash Allowances

.1 Reserved. .2 Amount of cash allowance, for Work is as shown on the City’s

Bid Form and is as follows:

.1 Testing and inspection

.2 Asbestos Abatement .3 Expenditures under cash allowance will be authorized by City

of Toronto. Consultant will confirm the type and number of tests required.

1.4 Contingency Allowance

.1 Included in Contract Price a contingency allowance amount as shown on the City’s Bid-Form

.2 Expenditures under contingency allowance will be authorized

in accordance with City of Toronto procedures.

1.5 Overhead and Profit

.1 The Contractor’s overhead and profit when applied to changes to the contract is understood to include:

.1 The Contractor’s and Sub-Contractor’s administrative

and incidental costs relating to a change including, without limitation, head office and site office expenses, associated traveling costs, all vehicle costs, downtime, estimating, purchasing, project coordination, workers’ tools, financing costs including holdback, bonding and insurance costs, business development.

.2 The salaries of Superintendents, Project Managers,

engineers, timekeepers, accountants, clerks, watch persons and other site supervision staff above foreperson level employed directly on the Work; Administrative costs including payroll and benefits burden, shop drawing production and record drawings, clean-up and disposal of waste materials, etc.

42 of 227

ALLOWANCES Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 01210 - Page 2 of 2

PART 2 - PRODUCTS 2.1 Not Used

.1 Not Used.

PART 3 - EXECUTION

3.1 Not Used

.1 Not Used.

End of Section

43 of 227

CONSTRUCTION PROGRESS DOCUMENTATION Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 01320 - Page 1 of 2

PART 1 - GENERAL


.1 Schedule, form, content.

1.2 Related Sections

.1 Section 01330 – Submittal Procedures.

1.3 Schedules Required

.1 Submit schedules as follows:

.1 Construction Progress Schedule.

.2 Cost Breakdown.

.3 Submittal Schedule for Shop Drawings and Product Data.

.4 Submittal Schedule for Samples.

.5 Product Delivery Schedule.

.6 Cash Allowance Schedule for purchasing Products.

.7 Shutdown or closure activity.

1.4 Format

.1 Prepare schedule in form of a horizontal Gantt bar chart. .2 Provide a separate bar for each major item of work, trade

or operation. .3 Split horizontally for projected and actual performance. .4 Provide horizontal time scale identifying first work day of

each week. .5 Format for listings: Table of Contents of this specification. .6 Identification of listings: By specification Section numbers

and specification subjects.

1.5 Submission

.1 Submit initial format of schedules within 15 working days after award of Contract.

.2 Submit schedules in electronic format, forward through e-

mail as pdf files. .3 Submit one opaque reproduction, plus 2 copies to be

retained by Consultant. .4 Consultant will review schedule and return review copy

within 10 days after receipt. .5 Resubmit finalized schedule within 7 days after return of

review copy. 44 of 227

CONSTRUCTION PROGRESS DOCUMENTATION Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 01320 - Page 2 of 2

.6 Submit revised progress schedule with each application for payment.

.7 Distribute copies of revised schedule to:

.1 Job site office.

.2 Subcontractors.

.3 Other concerned parties. .8 Instruct recipients to report to Contractor within 10 days,

any problems anticipated by timetable shown in schedule.

1.6 Progress Photographs

.1 Progress Photographs By Consultant

.1 Consultant will take periodic progress photographs. .2 Progress Photographs By Contractor

.1 Contractor will take daily photographs to illustrate the progress of the work. These photographs to be emailed weekly to the consultant. In addition, at the end of the project, the contractor is to organize all photographs on a CD and submit to the consultant as part of the closeout documents.

1.7 Submittals Schedule

.1 Include schedule for submitting shop drawings, product data and samples.

.2 Indicate dates for submitting, review time, resubmission

time, last date for meeting fabrication schedule. .3 Include dates when reviewed submittals will be required

from Consultants.

PART 2 - PRODUCTS

2.1 Not Used

.1 Not Used.

PART 3 - EXECUTION

3.1 Not Used

.1 Not Used.

End of Section

45 of 227

SUBMITTAL PROCEDURES Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 01330 - Page 1 of 4

PART 1 - GENERAL


.1 Shop drawings and product data. .2 Samples. .3 Certificates and transcripts.


.1 Section 01320 - Construction Progress Documentation. .2 Section 01450 - Quality Control. .3 Reserved.

1.3 Administrative

.1 Submit to Consultant submittals listed for review. Submit with reasonable promptness and in orderly sequence so as to not cause delay in Work. Failure to submit in ample time is not considered sufficient reason for an extension of Contract Time and no claim for extension by reason of such default will be allowed.

.2 Work affected by submittal shall not proceed until review is

complete. .3 Present shop drawings, product data, samples and mock-

ups in SI Metric units. .4 Where items or information is not produced in SI Metric

units converted values are acceptable. .5 Review submittals prior to submission to Consultant. This

review represents that necessary requirements have been determined and verified, or will be, and that each submittal has been checked and coordinated with requirements of Work and Contract Documents. Submittals not stamped, signed, dated and identified as to specific project will be returned without being examined and shall be considered rejected.

.6 Notify Consultant, in writing at time of submission,

identifying deviations from requirements of Contract Documents stating reasons for deviations.

.7 Verify field measurements and affected adjacent Work are

coordinated. .8 Contractor's responsibility for errors and omissions in

submission is not relieved by Consultant's review of submittals.

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.9 Contractor's responsibility for deviations in submission from requirements of Contract Documents is not relieved by Consultant review.

.10 Keep one reviewed copy of each submission on site.

1.4 Shop Drawings and Product Data

.1 The term "shop drawings" means drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are to be provided by Contractor to illustrate details of a portion of Work.

.2 Indicate materials, methods of construction and attachment

or anchorage, erection diagrams, connections, explanatory notes and other information necessary for completion of Work. Where articles or equipment attach or connect to other articles or equipment, indicate that such items have been coordinated, regardless of Section under which adjacent items will be supplied and installed. Indicate cross references to design drawings and specifications.

.3 Allow 10 days for Consultant's review of each submission. .4 Adjustments made on shop drawings by Consultant are not

intended to change Contract Price. If adjustments affect value of Work, state such in writing to Consultant prior to proceeding with Work.

.5 Make changes in shop drawings as Consultant may

require, consistent with Contract Documents. When resubmitting, notify Consultant in writing of any revisions other than those requested.

.6 Accompany submissions with transmittal letter, in

duplicate, containing: .1 Date. .2 Project title and number. .3 Contractor's name and address. .4 Identification and quantity of each shop drawing,

product data and sample. .5 Other pertinent data.

.7 Submissions shall include:

.1 Date and revision dates.

.2 Project title and number.

.3 Name and address of: .1 Subcontractor. .2 Supplier. .3 Manufacturer.

.4 Contractor's stamp, signed by Contractor's authorized representative certifying approval of submissions, verification of field measurements and compliance with Contract Documents.

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.5 Details of appropriate portions of Work as applicable: .1 Fabrication. .2 Layout, showing dimensions, including

identified field dimensions, and clearances. .3 Setting or erection details. .4 Capacities. .5 Performance characteristics. .6 Standards. .7 Operating weight. .8 Wiring diagrams. .9 Single line and schematic diagrams. .10 Relationship to adjacent work.

.8 After Consultant's review, distribute copies. .9 Submit 6 prints and 1 electronic copy of shop drawings for

each requirement requested in specification Sections and as consultant may reasonably request.

.10 Submit 6 prints and 1 electronic copy of product data

sheets or brochures for requirements requested in specification Sections and as requested by Consultant where shop drawings will not be prepared due to standardized manufacture of product.

.11 Delete information not applicable to project. .12 Supplement standard information to provide details

applicable to project. .13 If upon review by Consultant, no errors or omissions are

discovered or if only minor corrections are made, copies will be returned and fabrication and installation of Work may proceed. If shop drawings are rejected, noted copy will be returned and resubmission of corrected shop drawings, through same procedure indicated above, must be performed before fabrication and installation of Work may proceed.

.14 The review of shop drawings by Consultant is for sole

purpose of ascertaining conformance with general concept. This review shall not mean that Consultant approves detail design inherent in shop drawings, responsibility for which shall remain with Contractor submitting same, and such review shall not relieve Contractor of responsibility for errors or omissions in shop drawings or of responsibility for meeting all requirements of construction and Contract Documents. Without restricting generality of foregoing, Contractor is responsible for dimensions to be confirmed and correlated at job site, for information that pertains solely to fabrication processes or to techniques of construction and installation and for coordination of Work of all sub-trades.

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1.5 Samples

.1 Submit for review samples in duplicate/triplicate as requested in respective specification Sections. Label samples with origin and intended use.

.2 Deliver samples prepaid to Consultant's business address. .3 Notify Consultant in writing, at time of submission of

deviations in samples from requirements of Contract Documents.

.4 Where colour, pattern or texture is criterion, submit full

range of samples. .5 Adjustments made on samples by Consultant are not

intended to change Contract Price. If adjustments affect value of Work, state such in writing to Consultant prior to proceeding with Work.

.6 Make changes in samples which Consultant may require,

consistent with Contract Documents. .7 Reviewed and accepted samples will become standard of

workmanship and material against which installed Work will be verified.

1.6 Progress Photographs

.1 Contractor to maintain progress photographs in accordance with Section 01320 - Construction Progress Documentation. . A mandatory requirement for this project is for the contractor to submit all progress photographs on a CD at the end of the project as part of the closeout documents. Photographs to be labeled by date/construction activity. Submission of photographs (in hard copy format) will be required in the event of a discrepancy between the Consultant and Contractor

PART 2 - PRODUCTS

2.1 Not Used

.1 Not Used.

PART 3 - EXECUTION

3.1 Not Used

.1 Not Used.

End of Section 49 of 227

WASTE MANAGEMENT AND DISPOSAL Lighting Retrofits at Select City of Toronto Arenas Various Locations, Toronto Section 01355 - Page 1 of 3

PART 1 - GENERAL


.1 Products, work, or requirements as specified.

1.2 Documents

.1 Maintain at job site, one copy of following documents: .1 Waste Reduction Work Plan .2 Material Source Separation Plan

1.3 Use of Site and Facilities

.1 Execute work with least possible interference or disturbance to normal use of premises.

.2 Maintain security measures established by existing facility.

1.4 Submittals

.1 Submit requested submittals in accordance with Section [01330 - Submittal Procedures].

.2 Prepare and submit the following submittals prior to project

start-up: .1 Submit Waste Reduction Work Plan (WRW) .2 Submit Materials Source Separate Program (MSSP)

1.5 Waste Reduction Work Plan

.1 Prepare WRW prior to project start-up. .2 Structure WRW to prioritize actions and follow 3R's hierarchy,

with Reduction as first priority, followed by Reuse, then Recycle.

.3 Describes management of waste. .4 Identify opportunities for reduction, reuse, and/or recycling

(3Rs) of materials. .5 Post work plan or summary where workers at site are able to

review its content.

1.7 Materials Source Separation Program

.1 Prepare MSSP and have ready for use prior to project start-up. .2 Implement MSSP for waste generated on project in compliance

50 of 227


with approved methods and as approved by Owner. .3 Provide on-site facilities for collection, handling, and storage of

anticipated quantities of reusable and/or recyclable materials. .4 Provide containers to deposit reusable and/or recyclable

materials. .5 Locate containers in locations, to facilitate deposit of materials

without hindering daily operations. .6 Locate separated materials in areas which minimize material

damage. .7 Collect, handle, store on-site, and transport off-site, salvaged

materials in separate condition. Transport to approved and authorized recycling facility.

.8 Collect, handle, store onsite, and transport offsite, salvaged

materials in combined condition. Ship materials to site operating under Certificate of Approval. Materials must be immediately separated into required categories for reuse of recycling.

1.8 Disposal of Wastes

.1 Burying of rubbish and waste materials is prohibited unless approved by Owner.

.2 Disposal of waste (including volatile materials, mineral spirits,

oil, paint thinner) into waterways, storm, or sanitary sewers is prohibited.

1.9 Storage, Handling and Protection

.1 Store, materials to be reused, recycled and salvaged in locations as approved by Owner.

.2 Protect, stockpile, store and catalogue salvaged items. .3 Separate non-salvageable materials from salvaged items.

Transport and deliver non-salvageable items to licensed disposal facility.

.4 During demolition work, protect structural components from

movement or damage. .5 During demolition work, protect surface drainage, mechanical

and electrical from damage and blockage.

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1.10 Scheduling

.1 Coordinate work with other activities at site to ensure timely and orderly progress of the work.

PART 2 - PRODUCTS

2.1 Not Used

.1 Not Used.

PART 3 - EXECUTION

3.1 Application

.1 Do work in compliance with WRW. .2 Handle waste materials not reused, salvaged, or recycled in

accordance with appropriate regulations and codes.

3.2 Cleaning

.1 Remove tools and waste materials on completion of work, and leave work area in clean and orderly condition.

.2 Clean-up work area as work progresses. .3 Source separate materials to be reused/recycled into specified

sort areas.

3.3 PCBs

.1 If the contractor encounters any equipment/materials at the site which appear to contain PCBs or other hazardous materials, the Owner and Consultant are to be notified immediately to provide further direction to the contractor.

End of Section

52 of 227

QUALITY CONTROL Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 01450 - Page 1 of 3

PART 1 - GENERAL


.1 Inspection and testing, administrative and enforcement requirements.

.2 Tests and mix designs. .3 Mill tests. .4 Equipment and system adjust and balance.


.1 Section 01210 - Allowances. .2 Section 01330 - Submittal Procedures. .3 Reserved.

1.3 Inspection

.1 Allow Consultant access to Work. If part of Work is in preparation at locations other than Place of Work, allow access to such Work whenever it is in progress.

.2 Give timely notice requesting inspection if Work is

designated for special tests, inspections or approvals by Consultant instructions, or law of Place of Work.

.3 If Contractor covers or permits to be covered Work that

has been designated for special tests, inspections or approvals before such is made, uncover such Work, have inspections or tests satisfactorily completed and make good such Work.

.4 Consultant may order any part of Work to be examined if

Work is suspected to be not in accordance with Contract Documents. If, upon examination such work is found not in accordance with Contract Documents, correct such Work and pay cost of examination and correction. If such Work is found in accordance with Contract Documents, Owner shall pay cost of examination and replacement.

1.4 Independent Inspection Agencies

.1 Independent Inspection/Testing Agencies will be engaged by Owner for purpose of inspecting and/or testing portions of Work.

.2 Allocated costs: to Section 01210 - Allowances. .3 Provide equipment required for executing inspection and

testing by appointed agencies.

53 of 227


.4 Employment of inspection/testing agencies does not relax responsibility to perform Work in accordance with Contract Documents.

.5 If defects are revealed during inspection and/or testing,

appointed agency will request additional inspection and/or testing to ascertain full degree of defect. Correct defect and irregularities as advised by Consultant at no cost to Consultant. Pay costs for retesting and re-inspection.

1.5 Access to Work

.1 Allow inspection/testing agencies access to Work, off site manufacturing and fabrication plants.

.2 Co-operate to provide reasonable facilities for such

access.

1.6 Procedures

.1 Notify appropriate agency and Consultant in advance of requirement for tests, in order that attendance arrangements can be made.

.2 Submit samples and/or materials required for testing, as

specifically requested in specifications. Submit with reasonable promptness and in an orderly sequence so as not to cause delay in Work.

.3 Provide labour and facilities to obtain and handle samples

and materials on site. Provide sufficient space to store and cure test samples.

1.7 Rejected Work

.1 Remove defective Work, whether result of poor workmanship, use of defective products or damage and whether incorporated in Work or not, which has been rejected by Consultant as failing to conform to Contract Documents. Replace or re-execute in accordance with Contract Documents.

.2 Make good other Contractor's work damaged by such

removals or replacements promptly. .3 If in opinion of Consultant it is not expedient to correct

defective Work or Work not performed in accordance with Contract Documents, Owner may deduct from Contract Price difference in value between Work performed and that called for by Contract Documents, amount of which shall be determined by Consultant.

1.8 Reports

.1 Submit 4 copies of inspection and test reports to Consultant.

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.2 Provide copies to Subcontractor of work being inspected or tested.

1.9 Tests and Mix Designs

.1 Furnish test results and mix designs as may be requested. .2 The cost of tests and mix designs beyond those called for

in Contract Documents or beyond those required by law of Place of Work shall be appraised by Consultant and may be authorized as recoverable.

1.10 Mill Tests

.1 Submit mill test certificates as required of specification Sections.

1.11 Equipment and Systems

.1 Submit adjustment and balancing reports for mechanical, electrical and building equipment systems.

.2 Refer to appropriate sections for definitive requirements.

PART 2 - PRODUCTS

2.1 Not Used

.1 Not Used.

PART 3 - EXECUTION

3.1 Not Used

.1 Not Used.

End of Section

55 of 227

TEMPORARY BARRIERS AND ENCLOSURES Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 01560 - Page 1 of 2

PART 1 - GENERAL


.1 Barriers. .2 Environmental Controls. .3 Traffic Controls. .4 Fire Routes.


.1 Section 01450 - Quality Control.

1.3 References

.1 Canadian General Standards Board (CGSB) .1 CGSB 1.189M-84, Primer, Alkyd, Wood, Exterior. .2 CGSB 1.59-97, Alkyd Exterior Gloss Enamel.

.2 Canadian Standards Association (CSA International)

.1 CSA-O121-M1978, Douglas Fir Plywood.

1.4 Installation and Removal

.1 Provide temporary controls in order to execute Work expeditiously.

.2 Remove from site all such work after use.

1.5 Hoarding

.1 Erect temporary site enclosure(s) when working in occupied buildings.

.2 Provide barriers around trees and plants. Protect from

damage by equipment and construction procedures. .3 Reserved.

1.6 Guard Rails and Barricades

.1 Provide secure, rigid guard rails and barricades around excavations and open shafts.

.2 Provide as required by governing authorities.

1.7 Access to Site

.1 Provide and maintain access roads, sidewalk crossings, ramps and construction runways as may be required for access to Work.

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TEMPORARY BARRIERS AND ENCLOSURES Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 01560 - Page 2 of 2

1.8 Public Traffic Flow

.1 Provide and maintain competent signal flag operators, traffic signals, barricades and flares, lights, or lanterns as required to perform Work and protect the public.

1.9 Fire Routes

.1 Maintain access to property including overhead clearances for use by emergency response vehicles.

1.10 Protection for Off-Site and Public Property

.1 Protect surrounding private and public property from damage during performance of Work.

.2 Be responsible for damage incurred.

PART 2 - PRODUCTS

2.1 Not Used

.1 Not Used.

PART 3 - EXECUTION

3.1 Not Used

.1 Not Used.

End of Section

57 of 227

EXECUTION Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 01730 - Page 1 of 3

PART 1 - GENERAL


.1 Requirements and limitations for cutting and patching the Work.


.1 Section 01110 - Summary of Work. .2 Section 01330 - Submittal Procedures.

1.3 Submittals

.1 Submit written request in advance of cutting or alteration which affects: .1 Structural integrity of any element of Project. .2 Integrity of weather-exposed or moisture-resistant

elements. .3 Efficiency, maintenance, or safety of any

operational element. .4 Visual qualities of sight-exposed elements. .5 Work of Owner or separate contractor.

.2 Include in request:

.1 Identification of Project.

.2 Location and description of affected Work.

.3 Statement on necessity for cutting or alteration.

.4 Description of proposed Work, and products to be used.

.5 Alternatives to cutting and patching.

.6 Effect on Work of Owner or separate contractor.

.7 Written permission of affected separate contractor.

.8 Date and time work will be executed.

1.4 Materials

.1 Required for original installation. .2 Change in Materials: Submit request for substitution in

accordance with Section 01330 - Submittal Procedures.

1.5 Preparation

.1 Inspect existing conditions, including elements subject to damage or movement during cutting and patching.

.2 After uncovering, inspect conditions affecting performance

of Work. .3 Beginning of cutting or patching means acceptance of

existing conditions. .4 Provide supports to assure structural integrity of

surroundings; provide devices and methods to protect other portions of project from damage.

58 of 227


.5 Provide protection from elements for areas which may be exposed by uncovering work; maintain excavations free of water.

1.6 Execution

.1 Execute cutting, fitting, and patching including excavation and fill, to complete Work.

.2 Fit several parts together, to integrate with other Work. .3 Uncover Work to install ill-timed Work. .4 Remove and replace defective and non-conforming Work. .5 Provide openings in non-structural elements of Work for

penetrations of mechanical and electrical Work. .6 Execute Work by methods to avoid damage to other Work,

and which will provide proper surfaces to receive patching and finishing.

.7 Employ original installer to perform cutting and patching for

weather-exposed and moisture-resistant elements, and sight-exposed surfaces.

.8 Cut rigid materials using masonry saw or core drill.

Pneumatic or impact tools not allowed on masonry work without prior approval.

.9 Restore work with new products in accordance with

requirements of Contract Documents. .10 Fit Work airtight to pipes, sleeves, ducts, conduit, and

other penetrations through surfaces. .11 At penetration of fire rated wall, ceiling, or floor

construction, completely seal voids with firestopping material, full thickness of the construction element.

.12 Refinish surfaces to match adjacent finishes: For

continuous surfaces refinish to nearest intersection; for an assembly, refinish entire unit.

.13 Conceal pipes, ducts and wiring in floor, wall and ceiling

construction of finished areas except where indicated otherwise.

59 of 227


PART 2 - PRODUCTS 2.1 Not Used

.1 Not Used.

PART 3 - EXECUTION

3.1 Not Used

.1 Not Used.

End of Section

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GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 1 of 16 PART 1 - GENERAL 1.1 Scope .1 Conform to Sections of Division 1 as applicable. .2 Section 16010 shall apply to and govern work of all Sections of Division 16. .3 Provide all materials, labour and equipment to complete the electrical work

as shown on the drawings, described herein, or as necessary to complete the work.

1.2 Codes and Standards .1 Do complete installation in accordance with the editions of the following codes and

standards in force at the time of construction as applicable: .1 Ontario Electrical Safety Code .2 Ontario Electrical Safety Code Bulletins .3 Ontario Building Code .4 Ontario Fire Code .5 Municipal Regulations .2 Electrical Terminology - CAN/CSA 2781-92. .3 Install all work for the approval and/or acceptance of the local Electrical Safety

Authority (ESA) Office and other Agencies having Jurisdiction. 1.3 Quality Assurance .1 Regulatory Requirements .1 Electrical Safety Authority Approval: Immediately upon award of the Contract,

submit complete set of electrical drawings, as prepared by the Consultant, to the ESA for approval. Prepare and submit any other documents required for approval, providing the Consultant with a copy of such documentation and proof of application.

.2 Materials and workmanship shall be in accordance with requirements and

recommendations of applicable rules, regulations, standards and codes as specified hereunder, or the requirements of these specifications and drawings whichever are the most stringent. All products shall bear certification label of the Canadian Standards Association (CSA), ESA, or other approved certification agency as applicable.

.3 Agency names and abbreviations: Ontario Electrical Safety Code (OESC)

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GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 2 of 16 Canadian Standards Association (CSA) Electrical Safety Authority (ESA) Underwriter's Laboratories of Canada (ULC) Electrical and Electronic Manufacturers Association of Canada (EEMAC) Joint Industrial Council (JIC) Ontario Building Code (OBC) Ontario Fire Code (OFC) Boards, Service Companies or other Authorities having jurisdiction as

indicated. .4 Permits, Fees and Certificates: Except as provided in Division 1, give notices,

obtain permits, pay fees required for work of Division 16. Before the final certificate of payment is issued by the Owner, furnish Consultant with certificates as evidence that work installed conforms to laws and regulations of all governing authorities, including the ESA Certificate of Inspection. Determine detailed requirements of local authorities having jurisdiction and conform to those requirements.

.5 Prepare and provide any additional drawings or specifications required by the

Electrical Safety Authority, Municipal, Supply or other governing Authorities. Supply a copy of such documentation to the Consultant.

.6 Notify Consultant of any changes required by Electrical Safety Authority

Inspection Department prior to making changes. .2 Qualifications .1 Work shall be executed by Electrical Contractor or his designated sub-

contractor, holding a valid Contractors' license (Master’s License). .2 Work shall be performed by qualified Electricians holding valid Ontario

certificates of qualification. .3 Any work done on fire detection and signalling components shall be verified by

technicians qualified in accordance with the Ontario Fire Code and where the building has an existing fire alarm system be employed by the current building fire alarm system maintenance contractor.

.3 Work Site .1 Maintain a stamped set of permit documents at the project site.

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GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 3 of 16 1.4 Project/Site Conditions .1 Existing Conditions .1 Examine Site and Contract Documents in accordance with Instructions to

Bidders and Clause 3.1 below. .2 Interruption of Services .1 Any interruption of electrical services to any part of existing building(s) shall

come at a time agreeable to Owner. Make all necessary arrangements with Owner and any outside monitoring agency or authority. Include in Contract Sum for any overtime required to ensure that interruption is held to a minimum. Refer to drawings for additional information.

.2 Any additional overtime work shall be carried out without additional cost to

Owner. .3 Work Clearances .1 Where any parts of the systems or equipment are located by dimensions on

the drawings verify the dimensions at the site. If any discrepancy or interference with other equipment is found which will constitute a major revision from the work indicated or specified, notify the Consultant before proceeding further. Alter without charge the location of conduit, raceways, wiring and other equipment, within a distance of 3 m, if so directed by the Consultant prior to installation. Provide accurate revised estimates of any additional materials or labour beyond 3 m, when directed by the Consultant.

1.5 Records and Documentation .1 Drawings and Specifications .1 The specifications are to be read in connection with the drawings. Do not use

either alone. Items included in one but omitted from the other are to be included in the work

.2 The drawings for this Division are diagrammatic only and show the general

arrangement of the work. The Contractor before undertaking the work shall prepare an integrated set of electrical interference drawings as necessary to identify and resolve any interference problems prior to the fabrication and installation of any conduit, wiring or equipment.

.3 The indicated location and elevation of existing services, equipment and

fittings are approximate. Verify them before construction. .4 Drawings show the general arrangement of receptacles, switches, devices,

equipment, etc. Follow them, as closely as actual building construction and other trades will permit. Allow for movement of indicated items of up to 3 m from position shown without additional cost. Conserve headroom. Ensure products will fit the space available. Make necessary field measurements prior to installation to assure products will fit. If changes in design are required notify

63 of 227

GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 4 of 16

the Consultant and provide products that suit the true intent and meaning of the contract documents.

.5 Where specifications, drawings or regulations conflict, comply with the most

severe unless otherwise approved in writing by the Consultant. .2 Shop Drawings .1 The Contractor shall submit 7 copies, or such number as specified in Division

1, of shop drawings as identified below to the Consultant for review. Contractor to ensure his name and address appear on all shop drawings.

.2 Where included in the work provide shop drawings and specifications for: .1 Switchgear, switchboards, panelboards, circuit breakers, enclosed

switches, fused disconnects, transformers, transfer switches, splitters. .2 Motor starters, motor controllers, motor control assemblies, control

panels, or other electro-mechanical devices supplied by Division 16. .3 Electric heating appliances. .4 Light fixtures, emergency lighting components and exit signs. .5 Fire alarm system control panels, fire detectors, other alarm initiating

devices, signalling appliances, addressable modules. .6 Firestop and weatherstop materials. .7 Warning or hazard labels to be applied under this contract. .8 Any other electrical device or component which differs from that specified

in the drawings or these specifications. .3 Review of shop drawings by the Consultant is in reference to general design

only and shall not relieve the Contractor from furnishing equipment of proper dimensions, size, quantity or quality. Furthermore such review shall not relieve the Contractor from the responsibility for any error or omission of any sort in the shop drawings or other construction proposed or designed by him.

.4 This Contractor shall bear all costs or damages which may result from the

fabrication, supply, or installation of any equipment prior to the review of the shop drawings, and no work shall be done until the shop drawings have been reviewed.

.5 Drawings shall indicate or include the following as applicable and shall show

evidence of being checked by the Contractor: .1 Model selected, including full catalogue number .2 Full electrical ratings such as voltage, current, power, etc. .3 Dimensions or size .4 Total weight .5 Shipping sections .6 Bill of material .7 Mounting and installation details .8 Schematic and wiring diagrams .9 Nameplate diagrams .10 Colour .11 Delivery

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.3 Record Drawings .1 Maintain an extra set of white prints on the project and clearly note, as the

project progresses, all the changes in location and/or the sizes of wiring, raceways, wiring devices, appliances, circuit connections, heating and lighting fixtures, thermostats, panelboards, enclosed switches, disconnects, motors, starters, protective and alarm initiation devices and signal appliances, disconnects and other equipment.

.2 Where wiring is buried or concealed, accurately dimension the actual location

related to the permanent building walls and finish floor levels. .3 Provide all such drawings to the Consultant as a complete set of "as-built"

record drawings. .4 The Final Certificate of Acceptance will not be issued until satisfactory "as-

built" record drawings are filed with the Owner. .4 Insert Drawings .1 Where penetrating structural members, concrete slabs and the like, prepare

and provide insert drawings, showing the location and size of all sleeves, anchor bolts, openings and miscellaneous inserts required for each of the electrical systems. Sleeves are to be Schedule 40 steel pipe sized for free passage of conduit. Supply copies of these drawings to the Consultant, and, together with the necessary inserts and instructions to each of the trades responsible for building-in these inserts well in advance of the construction work. Supervise and coordinate the installation of all such inserts.

.5 Operation and Maintenance Instructions .1 Provide five copies, or such other number as may be indicated in Division 1, of

operation and maintenance data in a manual format. .2 Ensure each manual includes, as applicable, the following: .1 Material list for all devices, appliances, control panels, modules and the

like used in this project. .2 Copies of all reviewed shop drawings. .3 All manufacturer’s operating and maintenance instructions for each

system and its components. .4 Copies of verification, test and start-up reports and check lists, test and

inspection certificates . .3 One manual shall contain the original copies of verification, test and start-up

reports and check lists, test and inspection certificates

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GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 6 of 16 .4 Final completion will not be issued until these instructions have been reviewed

by the Consultant and submitted to the Owner. 1.6 Trial Usage .1 Trial usage by the Owner or his agents of any electrical device, machinery,

apparatus, equipment and other work supplied under this Division before final completion and written acceptance by Consultant is not to be construed as evidence of acceptance by Owner.

.2 Owner and his agents shall have privilege of such trial usage as soon as Contractor

claims that said work is completed, in accordance with Drawings and specifications for such reasonable length of time as Owner deems sufficient for making a complete test.

.3 No claim for damage shall be made for injury to or breaking of any parts of such

tested work, whether caused by weakness or inaccuracy of structural parts or by defective materials or workmanship of any kind whatsoever.

1.7 Instruction of Operating Staff .1 Arrange for fully qualified personnel to instruct the Owner’s operating staff on the

operation of each electrical system; on the maintenance and adjustment of the equipment and on the scope and coverage of all warranties.

.2 Use the Operating and Maintenance Manual for instructional purposes and ensure

that the Owner’s operating staff are made familiar with all its contents. 1.8 Maintenance Tools .1 The Contractor shall provide the Owner as part of this contract all necessary tools,

etc. to allow proper maintenance of the installed equipment. 1.9 Protection .1 Always protect personnel from exposed live electrical equipment, outlets or wiring.

Suitable personal protective equipment (PPE) to be used at all times. .2 Shield and provide temporary warning sign for all exposed live electrical equipment

or wiring. .3 Rooms without lockable doors containing exposed live electrical equipment or wiring

shall be provided with temporary lockable doors except when under the direct supervision of a qualified electrician.

1.10 Warranties .1 Provide a signed certificate warranting each electrical system covering labour and

material for a period of at least one year from the date of Final Acceptance by the Owner. Attach manufacturer's extended equipment warranties, each made out in the name of the Owner. File such warranties in the Operating and Maintenance Manuals to be delivered to the Owner.

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GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 7 of 16 PART 2 - PRODUCTS 2.1 Voltage Ratings .1 Operating voltages: to CAN3-C235-83. .2 Motors, electric heating, lighting, control and distribution devices and equipment,

communications, security and fire alarm systems to operate satisfactorily from a 60 Hz source between 85% and 110% of rated voltage. Equipment to operate in extreme operating conditions established in above standard without damage to the equipment.

2.2 Materials and Equipment .1 Nameplates .1 Lamicoid 3 mm thick plastic engraving sheet, white face, black core,

mechanically attached with self-tapping screws. For fire alarm systems use the same material except red face with white core.

.2 Nameplate Sizes:

Size 1 10 x 50 mm 1 line 3 mm high letters Size 2 12 x 70 mm 1 line 5 mm high letters Size 3 12 x 70 mm 2 lines 3 mm high letters Size 4 20 x 90 mm 1 line 8 mm high letters Size 5 20 x 90 mm 2 lines 5 mm high letters Size 6 25 x 100 mm 1 line 12 mm high letters Size 7 25 x 100 mm 2 lines 6 mm high letters

.3 Wording on nameplates to be approved by Consultant prior to manufacture. .4 Lettering to be at least 3 mm high. .5 All identification to be in English and French, or as required by Owner. .6 On disconnects, panelboards, control panels, transfer switches and fire alarm

panels: indicate equipment being controlled, voltage and phases. Mount on front, top outside cover. For fire alarm panels in finished areas mount inside.

.7 Terminal cabinets, splitters and pull boxes: indicate system and voltage. .8 To identify all conductors at panels, terminal strips and equipment. .9 Panelboards to have directory legibly updated, or branch circuit breakers to have

one (1) permanent label affixed on deadfront immediately adjacent to circuit breaker.

.10 Transformers indicated capacity, primary and secondary voltage. .11 Fire alarm panels, fire pumps, and supply circuit breakers, disconnect switches,

controllers and junction box covers for fire alarm systems to be coloured red.

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GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 8 of 16 .2 Equipment .1 Refer also to Section 16100. .2 Except where otherwise specifically permitted or identified in these specifications

and drawings, all equipment, fixtures and devices to be new, free from defects, manufactured to the standard(s) quoted and to incorporate any additional specific requirements noted.

.3 All equipment to be certified by an agency listed in ESA Bulletin 2-7, latest

edition, as suitable for the application. Where there is no alternative to supplying material, which is certified by such an agency, obtain special approval from ESA, or other authority having jurisdiction.

.4 All equipment supplied under this contract shall not exceed the space

requirements allocated on the drawings unless approved by the Consultant. .5 Where material or apparatus of more than one manufacturer is specified, then

these are acceptable and any of those specified may be used. .6 In addition to the manufacturers specified, Division 16 may propose alternative

manufacturers of equipment and/or apparatus for acceptance; refer to the City’s front-end documentation for procedures on substitutions.

.7 Reserved. .3 Hazardous Materials .1 Ensure all equipment and materials are suitably labelled for hazards. Keep

material safety sheets on file at the job site and supply a set for the operation and maintenance information. Provide suitable labels on all containers holding hazardous materials.

.2 All equipment rated more than 240 Vac, or less if an arc flash hazard exists,

shall carry a suitable label warning of any potential arc flash or electric shock hazard.

.4 Conduit, Conduit Fastenings and Conduit Fittings .1 Refer to Section 16111. .5 Splitters, Junction, Pull Boxes and Cabinets .1 Refer to Section 16131. .6 Outlet Boxes, Conduit Boxes and Fittings .1 Refer to Section 16132. .7 Fire Alarm System .1 Not part of this project.

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GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 9 of 16 .8 Lighting Equipment .1 Not part of this project. .9 Fasteners .1 Provide permanent fastenings, anchors, adhesives and accessories required for

proper performance of the work. .2 Fasteners shall be protected from corrosion. Except where supplied by the

manufacturer specifically for the application, fasteners located in wet, damp, unheated or poorly heated areas shall be hot-dipped galvanized or stainless steel.

.3 Do not use impact driven (explosive, hammer, etc.) fastening devices except

where the Consultant has indicated acceptability .4 Do not use organic plugs in concrete or masonry .5 Prevent electrolytic action between dissimilar metals.. .10 Wire and Cable .1 All installed wire and cable shall use copper conductors. .2 Building wire: Size as per OESC, but not less than No. 12 AWG for power

circuits, No. 14 AWG for control circuits outside factory assembled control panels, with T90 Nylon for all above grade interior wiring, RW90XLPE for all above grade exterior wiring and RWU90 XLPE for all below grade wiring.

.3 Equipment wire: To be used only in manufacturers’ factory tested assemblies. .4 Non-metallic sheathed cable: Not to be used on this project. .5 Armoured Cables: Size as per OESC, and above, with insulation rated for a

maximum allowable temperature of 90 C. Armour to be of the interlocking type fabricated from aluminium strip, Type TECK90 copper. To be used only in concealed locations, from junction boxes to device boxes mounted in suspended ceilings or existing partitions finished on both sides and totally within service rooms. Must have integral copper bonding conductor.

.6 Surface mounted wireways to be used only where specified or approved in

advance by Owner and Consultant. .7 Where the drawings permit or require the reuse or reconnection of existing

conductors the suitability of these conductors shall be verified as required by these specifications and drawings.

.8 Wiring colour shall be as follows;

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GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 10 of 16 1. 600 and 208 Vac: Phase A - red, phase B - black, phase C - blue 2. 120 Vac: Live conductors - black 3. All voltages: Neutral - white 4. All voltages: Ground - green or bare 5. All voltages: Isolated ground - green with yellow band 6. DC control wiring: Negative - blue. Positive - red Note: Where only black coloured conductors are available, use coloured

tape or other approved coloured markings to permanently identify phases in all junction and terminal boxes in accordance with the colour code above.

2.3 Grounding and Bonding .1 All equipment shall be grounded and bonded in accordance with the Ontario

Electrical Safety Code. .2 All bonding conductors shall be copper and, unless otherwise indicated, if less than

#4 AWG and not part of an approved cable assembly shall be insulated and green in colour.

.3 Grounding and bonding lugs and connectors shall be suitable for copper and

approved for the purpose.

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GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 11 of 16 PART 3 - EXECUTION 3.1 Examination .1 Verification of Conditions .1 Where any parts of systems and/or pieces of equipment are located by

dimensions on Drawings check and verify such dimensions at Site. .2 Notify Consultant before proceeding further if any discrepancy or interference

with other equipment is found which will necessitate revision in or deviation from Work as indicated or specified.

.3 Location of conduit, raceways, wiring and other equipment shall be altered

without charge to Owner if so directed by Consultant provided change is ordered before installation, and does not necessitate additional labour and material.

3.2 Preparation .1 Cutting and Patching .1 Cutting of holes up to 200 mm (8") in diameter and related patching shall be

done under Division 16 in accordance with the insert drawings. .2 For holes and other openings larger than 200 mm (8") in diameter contact

Consultant. .3 Be responsible for any additional cost incurred for patching as a result of

oversizing of openings, unless cut by others. 3.3 Installation .1 Instruct and supervise other Divisions, such as Mechanical, doing related work. .2 Electrical products and methods of installation shall be in accordance with the

relevant Sections of Division 16 in this Specification, and the applicable requirements of other Divisions.

.3 Correct installed work as directed by an authorized inspector of Authorities having

jurisdiction. .4 Finishes .1 Equipment to be finished in accordance with Manufacturer's standard paint finish

or as specified. .2 Clean and touch up surfaces of shop-painted equipment scratched or marred

during shipment or installation, with factory supplied touch-up paint to match

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original paint. If the Owner deems the damage to be major or the touch up to be unsatisfactory replace the damaged part entirely.

.3 Clean and prime exposed non-galvanized hangers, racks and fastenings to

prevent rusting. .4 Isolation Painting: Apply one full bodied coat of bituminous base purpose-made

undercoating to all underground steel conduits and fittings prior to application of cover; back paint all raceways, hangers, racks, junctions, pull and outlet boxes being cast into concrete, masonry, or into contact with dissimilar materials.

.5 Customs Fashion: Where the finishes are specified to be executed by Section

09900: Painting, mask protect all necessary orifices, plates, switches, signs, manufacturers’ labels, approval, certification, warning, other information labels, or other fitments. Notify the painter. After finishes have cured remove maskings, test and ensure equipment is operating correctly.

.5 Wiring Identification .1 Maintain phase sequence and colour coding throughout. .2 Use colour coded wires in communication cables, matched throughout system. .6 Wiring Terminations .1 Lugs, terminals and screws used for mechanical termination of wiring to be

suitable for copper and aluminium conductors. .2 Terminations to equipment to be with manufacturer’s supplied mechanical

pressure wire connectors or compression connectors. .3 Wire splices to be made in junction boxes only. Wire nuts to be suitable for the

conductors being spliced and are not to be used for wire sizes exceeding #8 AWG. Wire over #8 AWG to be spliced only at suitable splitter blocks or with suitable compression connectors.

.4 Split bolt wire connectors are not to be used without specific written permission

from the Consultant, except where supplied as part of approved equipment. .7 Manufacturers' Nameplates, Rating and Instruction Labels, Approval and

Certification Labels .1 Visible and legible after equipment is installed. .8 Warning Signs .1 As specified or to meet the requirements of ESA. .9 Mounting Heights

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GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 13 of 16 .1 Measure mounting height dimension from operator's working floor level (finish)

to centre-line of electrical device or enclosure, unless otherwise indicated or specified herein.

.2 Unless otherwise specified, detailed on drawings, or required by code, the

following heights shall be used: Item Height Local wall switches 1200 mm Wall receptacles: Minimum 460 mm Washrooms and above counters 1065 mm Service rooms 1400 mm Panelboards (top circuit breaker) 1500 mm Cradle telephone & TV/data outlets Same as receptacles Wall telephone/Interphones/thermostats 1200 mm Wall clocks 2100 mm Door access keypads, push buttons, etc. 1200 mm .3 Heights are subject to change to suit structural requirements, and other Site

conditions, and therefore as work progresses, and before installing equipment, obtain instructions or directions from Owner or Consultant for alternative heights or relocation.

.10 Existing Installations .1 Where connections are required to existing electrical equipment install

necessary raceways and wiring and connect as required for proper operation. .2 Provide new wiring for new and affected existing lighting fixtures, switches,

receptacles, outlets and other electrical equipment installed or moved during the Work unless otherwise permitted in these specifications and drawings.

.3 Repair damage caused by such works, including repainting required due to lack

of reasonable care. Bring discrepancies regarding installation to Consultant's attention for decision regarding procedure to be taken.

.4 Maintain and protect existing wiring during construction. Where interruption of

services cannot be avoided, coordinate interruption with Owner. .5 Provide temporary feeder connections to equipment where interruption of

services is not allowed. .6 Existing minor installations, such as conduits, boxes and wiring devices, which

interfere with new electrical equipment installation, may be rerouted or relocated on prior approval of Owner or Consultant.

.11 Grounding .1 Ground electrical equipment in accordance with requirements of Ontario

Electrical Safety Code and as indicated on the Drawings and elsewhere in these specifications.

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GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 14 of 16 .2 Arrange grounds so that under normal operating conditions no injurious amount

of current will flow in any grounding conductor. Connect single-phase loads so that there is least possible unbalance of supply.

.3 Conduit and armour shall not be relied upon solely to provide grounding or

bonding connections. All wireways shall contain a suitably sized bonding conductor.

.4 The resistance of grounding electrodes shall be less than the maximum

permissible values for each type of installation or equipment concerned. .12 Firestopping and Weatherstopping .1 Where raceways, cables or other electrical equipment pass through fire

separations pack the space between the sleeve/opening and installed electrical materials with a firestopping material suitable and approved for the application in accordance with the manufacturer’s instructions for the firestop material.

.2 Where raceways, cables or other electrical equipment pass through exterior

walls pack the space between the sleeve/opening and installed electrical materials with a suitable weatherstop material. Pack the interior of any conduit.

3.4 Field Quality Control .1 Tests .1 At completion of installation, or as required, conduct grounding resistance tests,

voltage tests, or other tests and inspections as are called for below or in other sections of this specification or on the drawings. Make corrections where necessary and as directed.

.2 Notify the Consultant at least two business days in advance of all tests and

inspections. Consultant reserves the right to witness all tests and inspections. .3 Voltage provided to equipment in installation shall not exceed minimum and

maximum permissible limits for equipment. .4 Perform insulation tests for installed and reinstalled/reconnected wiring and

equipment on circuits rated for more than 300 Vac, with appropriate megohmmeter (megger).For all conductors rated less than 1000 Vac use a megger rated at 1000 Vdc, For conductors rated for 1000 Vac use a megger rated at 2500 Vdc. For equipment rated for more than 750 Vac or conductors rated more than 1000 Vac contact Consultant.

.5 If resistance to ground is less than recommendations on any tested lighting or

power circuit, consider such circuit defective and replace it. .6 Megger supply circuit conductors for supply and branch circuit conductors for

emergency lighting, exit signs, and electric door controls. .7 Test performance of equipment for mechanical and electrical defects. Make

adjustments necessary for such equipment. When equipment has been placed

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in permanent operation give to operating personnel all necessary tuition and instructions for its operation and maintenance.

.8 Test conduits that are to be reused or installed and left empty for clear bore,

using a ball mandrel brushes and a snake. Use a lignum vitae ball of a diameter approximately 85% of the conduit internal diameter. Clear any conduit that rejects the ball mandrel in an approved manner, without damage, or replace.

.9 If encountered and changed in any way, verify installation of the fire detectors,

manual pull stations and audible alarms and furnish a report of the verification to the Consultant.

.10 Make such other tests as may be required by other Sections of this

Specification. .11 Furnish labour, materials, instruments and bear other costs in connection with all

tests, obtain required certificates of approval, acceptance, and compliance with regulations of agencies having jurisdiction and as specified. Work shall not be deemed complete and final certificate of acceptance will not be issued, until such certificates have been delivered to Consultant.

3.5 Delivery and Storage .1 Deliver, store and maintain packaged material and equipment with manufacturer’s

seals and labels intact. Immediately remove packaged materials with broken seals from site. Protect all materials and equipment from weather.

3.6 Disposal .1 Dispose of all removed electrical devices, fixtures, equipment, conduit, wire, etc.

where not directed to turn over to the Owner. .2 Where directed to turn materials and equipment over to the Owner, ensure that these

are not damaged during removal. .3 Keep work areas to be used by the building occupants open and clean on a daily

basis. Clean up all debris on completion. 3.7 Cleaning .1 Before starting and commissioning operations, installed new electrical enclosures,

equipment and control devices shall be vacuum-cleaned to remove dust, dirt, metal particles and other small debris.

.2 Ensure no foreign objects, tools, or materials are left inside cabinets, control panels,

enclosed switches and similar electrical enclosures before energizing equipment. .3 Clean and polish all systems ready for use, in particular lighting fixture reflectors,

lenses, lamps and surfaces. 3.8 Asbestos

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GENERAL ELECTRICAL REQUIREMENTS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16010 - Page 16 of 16 .1 If asbestos is encountered immediately contact the Owner and Consultant. End of Section

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GENERAL ELECTRICAL WORK Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16100 - Page 1 of 4

PART 1 - GENERAL 1.1 Scope .1 Conform to other Sections of this Specification and Drawings as applicable. .2 Conform to General Electrical Requirements, Section 16010 as applicable. 1.2 Standards .1 Refer to Ontario Electrical Safety Code, Appendix A, for a list of product standards. PART 2 - PRODUCTS 2.1 Materials and Equipment .1 Panelboards and Circuit Breakers .1 Circuit Breakers, moulded case type, conforming to CSA C22.2 No.5.1, bolt-

on, quick make, quick break, with arc quenching device, trip free handle, thermal overload protection combined with instantaneous magnetic trip, with interrupting and current rating as noted on Drawings. Minimum interrupting capacity shall be 10 kA or as indicated on drawings.

.2 Where 2 or 3 pole circuits are indicated on Drawings, circuit breakers shall

have a common trip; extension tie handles alone will not be accepted. .3 Panelboards as noted on drawings. .2 Motor Starters, Disconnect Switches and Fuses .1 Disconnect switches shall be fused or non-fused industrial heavy-duty type

switches, horsepower rated, conforming to CSA C22.2 No.4, with quick make, quick break contacts, ratings and fuses as indicated on Drawings.

.2 Fuses shall be Class J, non-time delay, unless otherwise specified, suitably

rated to protect circuits against overload and short circuit. .3 Where separately mounted, motor starters and disconnect switches shall be

complete with CSA Type 1 Enclosures for indoor mounting, or CSA Type 3 Enclosures for outdoor mounting or as indicated on Drawings.

.4 Motor starters to be sized as noted on the drawings. .3 Wires and Cables .1 Building wire: Size as per OESC, but not less than No. 12 AWG for power

circuits, No. 14 AWG for control circuits outside factory assembled control panels, with T90 NYLON for interior wiring above grade, RW90 XLPE for exterior wiring above grade and RWU90 XLPE for wiring below grade.

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.2 Size branch circuits and feeders for maximum 2% voltage drop from

panelboard to farthest outlet in circuit and large enough to be protected by fuse or circuit breaker of which they form a part, except as noted or scheduled on the Drawings.

.3 Feeders, circuit wiring and ancillary items shall be colour-coded for phase

identification. .4 Neutral Conductor: Full capacity, white covering and continuous throughout

system without fuses, circuit breakers or switches of any kind. .5 Connectors: Compression connectors for joining conductors to be properly

sized and insulated as required. Mechanical pressure connectors with slotted screws or for external drive wrenches to be CSA certified for CU-AL, unless otherwise specified. Split-bolt connectors are not acceptable.

.6 Emergency lighting on dc circuits to be wired as recommended by the

emergency lighting manufacturer. .7 For other wire and cable refer to Drawings and Section 16010. .4 Light Fixtures .1 Light fixtures including emergency light fixtures shall be as noted on Drawings

complete with lamps and ballasts as required to operate. .2 Where light fixtures are recessed or flush mounted they shall be suitable for

such installation. Where they penetrate a moisture barrier, a boot approved for the use or other suitable means shall be employed to re-establish the moisture barrier around the fixture. A space recommended by the fixture manufacturer, but in no case less than 75 mm shall be maintained between recessed fixtures and insulation, except where the fixture has been specifically approved for direct contact with insulation. Where they penetrate a fire separation a box of suitable material or other approved means shall be employed around the fixture to maintain the fire separation rating. Such a box shall be sized in accordance with the fixture manufacturer’s requirements.

.5 Exit Signs, Emergency Light Batteries and Combination Exit Signs and Batteries

.1 Exit signs shall be as noted on the Drawings. If supplied with aperture for downward lighting, this aperture shall be opened. Arrow pointing as indicated on the Drawings.

.6 Wiring Devices .1 Wiring devices shall be new, as indicated on the Drawings and in these

specifications complete with new wall plates and installed as shown. .2 Wall plates installed in finished areas shall match the colour of the portion of

the wiring device visible after installation. In service areas the wall plate shall be galvanized steel unless otherwise specified.

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.3 Wiring devices outdoors if surface mounted shall be in weather-resistant boxes

with weather-resistant covers and if flush mounted shall have weather-resistant covers.

.7 Fire Alarm System .1 Not part of this project. 2.2 Alternatives .1 Shop drawings must be supplied as indicated and for all alternatives. PART 3 - EXECUTION 3.1 Installation .1 Location of Equipment .1 Panelboards, control panels, boxes, splitter troughs and cabinets shall be

surface mounted, locate where indicated on drawings. Refer to Section 16010 for mounting heights.

.2 Disconnect Switches, Panels, Panelboards and Motor Control Assemblies .1 Install at locations as indicated on Drawings. .2 Provide respective identification in accordance with the designations indicated

on Drawings. .3 Panelboard directories shall be neatly typed indicating the end use of all branch

and feed circuit breakers, or disconnects. .4 Where installation of any equipment requires the shutdown of existing powered

equipment or feeders; such shutdown shall be scheduled for a time suitable to the Owner. The Owner shall be notified again immediately before any such scheduled power shutdown.

.3 Light Fixtures. .1 Install at locations indicated on Drawings. .2 Emergency lights and rechargeable batteries with emergency lights shall be

ceiling or wall mounted as appropriate or indicated on the drawings. Mounting height to be not less than 2.0 m or more than 4.2 m above the finished floor unless otherwise specified.

.4 Wiring .1 Armoured cable shall be TECK90 copper and installed only where permitted.

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.2 Conduit shall be concealed except in service rooms, closets or other areas

specifically permitted by the Owner. .3 Finished surface conduit or wireways shall be installed only where specifically

permitted. .5 Exit Signs, Emergency Lights, Batteries and Combination Exit Signs and Batteries .1 If a rechargeable battery is specified with a cord and attachment plug this shall

be connected to an outlet box with only one receptacle per charger, box to be located immediately beside an exit light fixture.

.2 Exit signs to be wall or ceiling mounted as shown in the drawings. Mounting

height to be not less than 2.2 m or more than 2.5 meters above finished floor unless otherwise specified.

.6 Fire Alarm System .1 Contractor shall protect any fire detectors/alarms during all phases of

construction to prevent false alarms due to dust, etc. When the Contractor is not on site the fire detectors/alarms shall be uncovered and fully functional. False alarms due to inadequate protection shall be the responsibility of the Contractor.

End of Section

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CONDUITS, FASTENINGS & FITTINGS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16111 - Page 1 of 3 PART 1 - GENERAL 1.1 Scope .1 Conform to other Sections of this Specification as applicable. .2 Conform to General Electrical Requirements, Section 16010 as applicable. 1.2 Drawings .1 Drawings do not indicate conduit runs. PART 2 - PRODUCT 2.1 Conduit .1 Acceptable Types .1 Electrical metallic tubing (EMT) with compression fittings, only where

permitted by the Ontario Electrical Safety Code, the Ontario Building Code, the drawings and these specifications.

.2 Rigid galvanized steel. .3 Rigid PVC conduit where permitted by the Ontario Electrical Safety

Code, the Ontario Building Code and these specifications. .2 Do not use smaller than 21 mm (3/4") trade size conduits and fittings. .3 All conduit shall be of a grade or type suitable for the application and as

specified. 2.2 Conduit Fastenings .1 Single hole galvanized or PVC coated steel clamps may be used to secure

conduit (2") 50 mm and smaller to walls and ceilings, two hole galvanized or PVC coated steel clamps must be used to secure conduit greater than (2") 50 mm. PVC fittings to be used with PVC conduit.

.2 Beam clamps to secure conduits to exposed steel work. Lead anchors or

expansion shields shall be used to attach clamps to masonry walls .3 Galvanized channel type supports for two or more conduits. .4 Six mm diameter threaded stainless steel or hot-dipped galvanized rods to

support suspended channels. .5 All clamps or support assemblies to be corrosion resistant.

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CONDUITS, FASTENINGS & FITTINGS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16111 - Page 2 of 3 2.3 Conduit Fittings .1 Fittings: manufactured for use with conduit specified. Coating: same as

conduit. .2 Factory "ells" where 90 bends are required for (1") 25 mm and larger

conduits. .3 Watertight compression connectors, couplings and fittings may be used with

EMT installations. 2.4 Fish Cord .1 Fish cord shall be polypropylene. PART 3 - EXECUTION 3.1 Installation .1 Run all conduit concealed in finished areas. .2 Run all exposed conduit tight to walls or ceilings, parallel to building lines. .3 Install conduits to conserve headroom in exposed locations and cause

minimum interference in spaces through which they pass. Avoid blocking access openings.

.4 A copper bonding wire shall be in all conduit and EMT runs. .5 Rigid galvanized steel-threaded conduit may be used except where other

types are specified. Conceal in interior areas. .6 Electrical metallic tubing (EMT) may used only in interior heated finished and

service areas except where other types are specifically specified, or where prohibited by the Ontario Electrical Safety Code or the Ontario Building Code. Conceal in all finished areas.

.7 Rigid PVC conduit may be used below grade, on building exteriors where

mechanically protected and where suitably encased in concrete. Use only factory made bends and offsets. Conduit rated FT4 and with a cross sectional area of 625 mm or less, nominal size 27 mm (1), may be used in wet areas or where subject to prolonged dampness.

.7 Seal all openings for conduit in walls, masonry or concrete and weatherstop

all conduit interiors where passing through exterior walls. Firestop where passing through fire separations.

.8 Bend metal conduit cold. Replace conduit if kinked or flattened more than

1/10th of its original diameter. .9 Mechanically bend steel conduit over 3/4" diameter.

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CONDUITS, FASTENINGS & FITTINGS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16111 - Page 3 of 3 .10 Use only concentric bends. Do not use angle fittings together with bends.

Bends improperly formed not accepted. Do not bend over sharp objects. .11 Properly ream conduit ends. Provide necessary fittings, couplings, locknuts

and bushings. .12 Field threads on rigid conduit must be of sufficient length to draw conduits up

tight. .13 Where conduits become blocked, remove and replace blocked section. Do

not use liquids to clean out conduits. .14 Conduits must be dry before installing wire. .15 Install fish cord in empty conduits. .16 Group surface mounted conduits wherever possible on suspended surface

channels. .17 Locate conduits behind infrared or gas fired heaters with 1.5 m clearance. .18 Run conduits in flanged portion of structural steel. .19 Do not pass conduits through structural members such as beams, joists and

columns except as indicated. .20 Do not locate conduits less than 75 mm from steam or hot water lines when

run in parallel, or less than 25 mm at crossovers. .21 Do not install horizontal runs in masonry walls. .22 Do not install conduits in terrazzo or concrete toppings. .23 Slope underground and long conduit runs to provide drainage. Do not drain

into boxes. .24 Conduit runs should terminate in closed boxes. Where this is not possible

ends shall be bushed to prevent injury to exiting conductors. Empty conduits shall be sealed to prevent entry of foreign material.

3.2 Existing Installation .1 Existing conduit, EMT, fittings and boxes may be reused if clean,

undamaged, free from corrosion, undisturbed, suitable for the application, and in full compliance with the current requirements of the OESC and these specifications.

End of Section

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SPLITTERS, BOXES, CABINETS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16131 - Page 1 of 3 PART 1 - GENERAL 1.1 Scope .1 Conform to other Sections of this Specification as applicable. .2 Conform to General Electrical Requirements, Section 16010 as applicable. PART 2 - PRODUCTS 2.1 Splitters .1 To be used only where indicated on Drawings. .2 Sheet metal enclosure with welded corners and formed hinged cover

suitable for locking in closed position, CSA Type 1 for dry, indoor locations. .3 Terminal sizes to match required size and number of incoming and outgoing

conductors as indicated. .4 At least three spare terminals on each set of lugs in splitters less than 400 A. 2.2 Junction and Pull Boxes .1 Galvanized welded steel, cast or other non-corroding construction with

gasketted screw-on flat covers for surface mounting. .2 Covers with 25 mm minimum extension all around, for flush-mounted pull

and junction boxes. .3 Junction boxes sized to accept more than two independent circuits will

contain suitable terminal strips to terminate conductors. Terminals shall be sized to match conductor size and amperage.

2.3 Cabinets .1 To be used only where indicated on Drawings or permitted by Owner and

Consultant .2 Type E: CSA type 1 for dry indoor locations of sheet steel galvanized or

factory painted, handle, lock and catch for surface mounting. For wet, damp or outdoor locations, CSA Type 3 sheet steel, gasketted hinged door and return flange overlapping sides, handle, lock and catch, for surface mounting.

.3 Type T: CSA type 1 for dry indoor locations of sheet steel galvanized or

factory painted, handle, lock and catch for surface mounting. For wet, damp or outdoor locations, CSA Type 3 sheet steel cabinet, with gasketted hinged

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SPLITTERS, BOXES, CABINETS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16131 - Page 2 of 3

door with latch and lock. Both types to be complete with 2 keys and a sheet steel backboard.

2.4 Grounding .1 All boxes to contain adequate provision for terminating grounding and

bonding conductors and to bond the box. PART 3 - EXECUTION 3.1 General .1 Support boxes and cabinets independently of connecting conduits. Drywall,

wallboard, ceiling tile, decorative panelling and the like must not be relied upon for support. Where the building is required to be of non-combustible construction all box and cabinet supports shall also be non-combustible.

.2 All boxes, cabinets, enclosures and the like are to be mounted on standoffs

oe the like when mounted on exterior walls so that dampness on the walls does not adversely affect the box, cabinet or enclosure.

3.2 Splitter Installation .1 Splitter ratings and location only as specified on the drawings. .2 Install splitters and mount plumb, true and square to the building lines. .3 Extend splitters full length of equipment arrangement except where indicated

otherwise. 3.3 Junction, Pull Boxes and Cabinet Installation .1 Install pull boxes in inconspicuous but accessible locations such as

Mechanical, or Electrical rooms, or in hung ceiling space. .2 When installed in ceiling spaces, lockable access hatches must be provided

unless ceiling tile of the lay-in or snap-in type is used. .3 Mount cabinets only where indicated or permitted by Owner and Consultant,

with top not higher than 2 m above finished floor. .4 Install terminal blocks as required in Type T cabinets. .5 Install pull boxes so as not to exceed 30 m of conduit run between pull

boxes. .6 Grouped small junction boxes shall not be used in place of a single larger

junction box.

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SPLITTERS, BOXES, CABINETS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16131 - Page 3 of 3 .7 Where flush mounted, grout into masonry openings, and in all cases restore

finish to surrounding wall. 3.4 Terminal Boxes .1 Install control terminal boxes as indicated on the drawings or permitted by

Owner and Consultant. .2 Control terminals to be suitably sized for conductors being used. .3 Conductors under screw-type terminals to have ring or spade-type

compression terminations. .4 All control conductors to be numbered and Contractor to supply terminal

layout diagram. .5 Contractor to leave 20% of each size of terminal, but not less than one pair,

spare (empty). .6 Each spare control conductor to be labelled as such and terminated as

above at a separate terminal. .7 Terminal boxes to have hinged covers .8 Where terminal size and ratings are suitable control terminal boxes may be

used as junction boxes. 3.5 Identification .1 Provide equipment identification in accordance with Section 16010 -

Electrical - General Requirements. End of Section

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OUTLET, & CONDUIT BOXES AND FITTINGS Replacement of Power Distribution Equipment Finch Works Yard, Toronto Section 16132 - Page 1 of 3

PART 1 - GENERAL 1.1 Scope .1 Conform to other Sections of this Specification as applicable. .2 Conform to General Electrical Requirements, Section 16010 as applicable. PART 2 - PRODUCTS 2.1 Outlet and Conduit Boxes - General .1 Size boxes in accordance with the Ontario Electrical Safety Code. .2 (4") 102 mm square or larger outlet boxes as required for special devices. .3 Gang boxes where wiring devices are grouped. .4 Blank cover plates for boxes without wiring devices. .5 347 V outlet boxes for 347 V switching devices. .6 Combination boxes with barriers where outlets for more than one system are

grouped. .7 Groups of outlet or other boxes shall not be used in place of properly sized

terminal boxes. 2.2 Sheet Steel Outlet Boxes

.1 Electro-galvanized steel single and multi gang flush device boxes for flush installation, minimum size (3" x 2" x 1-1/2") 76 x 50 x 38 mm or as indicated. (4") 102 mm square outlet boxes when more than one conduit enters one side with extension and plaster rings as required.

.2 Surface mounted utility boxes not to be used for finished interior work. .3 (4") 102 mm square or octagonal outlet boxes for lighting fixture outlets. .4 (4") 102 mm square outlet boxes with extension and plaster rings, where

required, for flush mounting devices in finished walls. 2.3 Masonry Boxes .1 If required, electro-galvanized steel masonry single and multi gang boxes for

devices flush mounted in exposed block walls. 2.4 Concrete Boxes .1 If required, electro-galvanized sheet steel concrete type boxes for flush

mount in concrete with matching extension and plaster rings as required. 87 of 227


2.5 Conduit Boxes .1 Cast FS or FD aluminium boxes with factory-threaded hubs, mounting feet

and gasketted covers for exterior surface wiring of switches, receptacle and devices, if required.

2.6 Non-Metallic Boxes .1 Moulded non-metallic boxes to be used only with non-metallic conduit and to

be of compatible material. .2 To be used outdoors only with suitable covers and gaskets, or in connection

with rigid PVC conduit, unless otherwise specified. 2.7 Fittings - General .1 Bushing and connectors with nylon insulated throats. .2 Knockout fillers to be used to prevent entry of debris. .3 Conduit outlet bodies for conduit up to (1- 1/4") 32 mm and pull boxes for

larger conduits. .4 Double locknuts and insulated bushings on sheet metal boxes. PART 3 - EXECUTION 3.1 Installation .1 Support boxes independently of connecting conduits. Drywall, wallboard,

ceiling tile, decorative panelling and the like must not be relied upon for support. Where the building is required to be of non-combustible construction all box supports shall also be non-combustible. Where mounted on exterior walls use standoffs or other means to prevent dampness or moisture from affecting the box or contents.

.2 For flush installations mount outlets flush with finished wall using plaster

rings as necessary to permit wall finish to come within 6 mm of opening. .3 Provide correct size of openings in boxes for conduit, and armoured cable

connections. Reducing washers are not allowed. .4 Boxes to be flush mounted in finished areas, surface mounted in warehouse,

production and other unfinished areas, unless otherwise shown on drawings. .5 Boxes in warehouses, production areas and other areas exposed to

dampness, unheated or poorly heated shall be either non-metallic or conduit boxes with gasketted covers.

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.6 Boxes containing end-of-line resistors shall have covers with a symbol or

label indicating the contents. .7 Box covers used for fire alarm wiring and components shall be red in colour. .8 Boxes installed outside shall be weather-resistant, corrosion-resistant,

suitable for the purpose, with gasketted covers and mounted high enough to avoid contact with soil.

.9 Conduit fittings (condulets) not to be concealed. 3.2 Existing Installation .1 Existing device boxes may be reused if clean, undamaged, free from

corrosion, undisturbed and in full compliance with the requirements of the OESC and these specifications.

End of Section

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Pinchin Ltd. 2470 Milltower Court, Mississauga, ON L5N 7W5

www.pinchin.com

FINAL Hazardous Building Materials

Reassessment Toronto Water, Finch Yard Building B

1026 Finch Avenue West Toronto, ON

Prepared for:

The City of Toronto Corporate Services, Facilities Management

55 John Street, 2nd Floor, Toronto, ON

Attention: Meaghan Aldcroft, Environmental Coordinator

November 5, 2014

Pinchin File: 91828.168

Copyright © 2014 Pinchin Ltd.

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http://www.pinchin.com/

Hazardous Building Materials Reassessment Toronto Water, Finch Yard Building B, 1026 Finch Avenue West, Toronto, ON November 5, 2014 The City of Toronto FINAL Pinchin File: 91828.168

Pinchin Ltd. 2470 Milltower Court, Mississauga, ON L5N 7W5

www.pinchin.com

Report: Hazardous Building Materials Reassessment Toronto Water, Finch Yard Building B, 1026 Finch Avenue West Toronto, ON

Issued to: The City of Toronto

Contact: Meaghan Aldcroft, Environmental Coordinator

Issued on: November 5, 2014

Pinchin File: 91828.168

Author: Per: Liz Malachowska

Project Technologist Hazardous Materials Group [email protected]

Reviewer: Per: Thong Nguyen, EP

Primary Contact Project Manager Hazardous Materials Group 905-363-1424 [email protected]

Reviewer: Per: Scott Cryer, P.Geo.

Operations Manager Hazardous Materials Group 905-363-1311 [email protected]

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mailto:[email protected]




Page i ©2014 Pinchin Ltd.

EXECUTIVE SUMMARY

The City of Toronto (Client) retained Pinchin Ltd. (Pinchin) to conduct a hazardous building materials reassessment of the Toronto Water, Finch Yard Building B located at 1026 Finch Avenue West Toronto, ON. The reassessment was performed on September 9, 2014.

The hazardous materials reassessment survey report is for management purposes only. It is not intended to be used to establish the hazardous building materials prior to demolition or renovation activities. Prior to any work activities that may disturb building materials; a pre-renovation audit of the work area for hazardous materials should be conducted.

To ensure familiarity with the building, the surveyor(s) made reference to the previous asbestos assessment and reassessment reports provided by the City of Toronto prior to commencing the asbestos reassessment component of this hazardous building materials reassessment. The surveyor also made reference to facility floor plans included in the previous assessment reports, or provided independently by the City of Toronto. Facility drawings with locations of known asbestos-containing materials, if present, are included in Appendix I.

The City of Toronto provided the consultant with a Survey Form. Prior to conducting the reassessment survey, the form was reviewed by Pinchin and updated with all available information regarding ACM, including that from past assessments and reassessments.

The assessed area consisted of the entire building. The building was occupied at the time of the reassessment work.

Summary of Findings

Asbestos: Asbestos-containing materials (ACM) were confirmed to be present as follows:

• Parging cement, containing chrysotile asbestos, is present on pipe fittings on the domestic hot water pipe system in the Garage;

• White caulking, containing chrysotile asbestos, is present at expansion joints in concrete block walls in the Garage

Lead: Lead was confirmed present in select paints/surface coatings and is present in emergency light batteries and lead flashing on rooftop drainage pipes, and pipe fittings.

Silica: Crystalline silica is present in concrete, mortar, brick, masonry, ceramics, etc., where present in the building.

Mercury: Mercury vapour is present in fluorescent lamps throughout the building.

Polychlorinated Biphenyls (PCBs): PCBs are present in light ballasts throughout the building.

Mould: Water staining and efflorescence is present on the drywall walls in the 1-73 Vestibule.

Summary of Recommendations

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Page ii ©2014 Pinchin Ltd.

The following is a summary of significant recommendations; refer to the body of the report for detailed recommendations.

1. Perform a pre-construction assessment and remove all ACM prior to alteration or maintenance work or if ACM may be disturbed by the work.

2. Remove and dispose of PCB ballasts and mercury-containing items when taken out of service.

3. Follow appropriate safe work procedures when handling or disturbing asbestos, lead, silica and mould.

4. Repair the following materials:

• Parging cement pipe insulation, 1-05 Garage, Type 2 repair of 1 fitting






• Remove flaking grey red paint on structural steel throughout the Garage

• Remove drywall with water staining and efflorescence in the 1-73 Vestibule

Please refer to Section 4.0 of this report for detailed recommendations regarding administrative and remedial actions.

This Executive Summary is subject to the same standard limitations as contained in the report and must be read in conjunction with the entire report.

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Page iii ©2014 Pinchin Ltd.

TABLE OF CONTENTS

1.0 INTRODUCTION AND SCOPE ....................................................................................... 1

1.1 Scope of Reassessment........................................................................................ 1

2.0 BACKGROUND INFORMATION ..................................................................................... 2

2.1 Building Description ............................................................................................... 2

3.0 FINDINGS ....................................................................................................................... 3

3.1 Asbestos ............................................................................................................... 3 3.2 Lead ...................................................................................................................... 6 3.3 Silica ..................................................................................................................... 8 3.4 Mercury ................................................................................................................. 8 3.5 Polychlorinated Biphenyls ..................................................................................... 8 3.6 Mould .................................................................................................................... 9

4.0 RECOMMENDATIONS ................................................................................................... 9

4.1 General ................................................................................................................. 9 4.2 Remedial Work ...................................................................................................... 9 4.3 On-going Management and Maintenance ............................................................ 10

5.0 LIMITATIONS ................................................................................................................ 11

6.0 REFERENCES .............................................................................................................. 12

APPENDICES

APPENDIX I Drawings

APPENDIX II-A Asbestos Analytical Certificates

APPENDIX II-B Lead Analytical Certificates

APPENDIX II-C PCB Analytical Certificates

APPENDIX III Methodology

APPENDIX IV Photographs (No Information to Report)

APPENDIX V Survey Form

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Page 1 of 12 ©2014 Pinchin Ltd.

1.0 INTRODUCTION AND SCOPE

The City of Toronto (Client) retained Pinchin Ltd. (Pinchin) to conduct a hazardous building materials reassessment of Toronto Water, Finch Yard Building B, located at 1026 Finch Avenue West, Toronto, ON.

The reassessment was performed by Liz Malachowska, Project Technologist on September 9, 2014. The surveyor was accompanied by a City of Toronto representative during the reassessment. The building was occupied at the time of the reassessment.

The objective of the reassessment was to document the locations of specified hazardous building materials, evaluate their condition and develop corrective action plans as required for the purposes of long term management. The results of this reassessment are not intended for construction, renovation, demolition or project tendering purposes.

1.1 Scope of Reassessment

The City of Toronto provided the consultant with a Reassessment Survey Form. Prior to conducting the reassessment survey, the form was reviewed by Pinchin and updated with all available information regarding ACM, including that from past assessments and reassessments.

The surveyor(s) conducted a visual reassessment of all known and assumed hazardous materials in all accessible areas of the building, as detailed in past survey reports and the Reassessment Survey Form, and recorded the condition (GOOD, FAIR or POOR) of each known or assumed hazardous material on the Survey Form. The surveyor(s) also recorded detailed descriptions of previously-unidentified potential ACM, if observed. Please refer to Appendix I for the updated Survey Form.

Materials confirmed to be asbestos-containing during previous assessments were not sampled for this reassessment survey. Additionally, samples were not collected of materials that were previously confirmed to be non-asbestos by the requirements of Ontario Regulation 278/05.

Non-friable materials (including plaster, drywall joint compound, vinyl floor tiles, mastics, window caulking) were not sampled unless damaged or otherwise deemed necessary by the surveyor(s) or the City of Toronto, and were assumed to be asbestos-containing.

Any other potentially asbestos-containing materials noted during the reassessment that had not been identified in a previous survey, or were not sampled in accordance with the requirements of O. Reg. 278/05, were sampled as part of the reassessment.

The reassessment was performed to establish the location and type of specified hazardous building materials incorporated in the structure(s) and its finishes.

For the purpose of the reassessment and this report, hazardous building materials are defined as follows:

• Asbestos

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• Lead

• Silica

• Mercury

The reassessment also included:

• Polychlorinated Biphenyls (PCBs)

• Mould

The following Ontario Designated Substances are not typically found in building materials in a composition/state that is hazardous and were not included in this reassessment:

• Arsenic

• Acrylonitrile

• Benzene

• Coke oven emissions

• Ethylene oxide

• Isocyanates

• Vinyl chloride monomer

2.0 BACKGROUND INFORMATION

2.1 Building Description

Item Details

Building Use Automotive Garage, Warehouse, Office

Number of Floors/Levels One storey

Total Area of Building (Square Meters)

4,000

Year of Construction/Significant Additions/Renovations (area assessed)

1970’s

Structure Structural steel, concrete blocks

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Item Details

Exterior Cladding Masonry brick, metal

HVAC Space heaters

Roof Built-up roofing

Flooring Ceramic tiles, concrete

Interior Walls Drywall, concrete block

Ceilings Drywall, acoustic ceiling tiles

3.0 FINDINGS

3.1 Asbestos

3.1.1 Suspect Building Materials Not Found

The following types of building materials may historically contain asbestos but were not observed in the building and are not discussed in the report findings:

• Spray-applied fireproofing or thermal insulation

• Texture finishes (acoustic/decorative)

• Vermiculite

• Plaster

• Asbestos cement products

• Vinyl sheet flooring

• Vinyl floor tiles and mastic

• Levelling Compound

3.1.2 Thermal Systems Insulation (TSI)

3.1.2.1 Pipe Insulation

Parging cement, containing chrysotile asbestos, is present on pipe fittings (elbows, valves, tees, hangers etc.) on the domestic hot water systems (samples 2013-A002A-C). Parging cement is a friable insulation. The condition of parging cement is listed below in the table.

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Sweatwrap insulation (brown layered paper), is present on straight sections of the domestic hot water system pipes (samples 2013-A003A-C). No asbestos was detected in the sweatwrap.

Non-asbestos insulation (e.g. fibreglass, armalfex) are present on pipes throughout the assessed area.

Pipes insulated with friable asbestos insulations may be present in inaccessible spaces such as above solid ceilings, in chases, in column enclosures and within shafts.

Asbestos-containing pipe insulations are present in the following location, quantity, and condition:

Pipe System, Type Location Insulation Type Total Quantity

Quantity Damaged

Domestic Hot Water 1-05 Garage Parging Cement 8 1



















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Asbestos-containing parging cement fitting located in

the Garage.

3.1.2.2 Duct Insulation

Ducts are either uninsulated or insulated with non-asbestos fibreglass and jacketed with either canvas or foil.

3.1.2.3 Mechanical Equipment Insulation

Mechanical equipment is not insulated.

3.1.3 Acoustic Ceiling Tiles

Two distinct types of acoustic ceiling tile are present in the assessed area, as follows:

Size, Type, Pattern, Photo #

Locations Sample Number or Date Code

Asbestos Type

24”x48”, lay-in, textured fleck and hole

1-87 Washroom 2013-A005A-C None Detected

24”x48”, lay-in, flat cloth 1-75 Office Visually assessed as cloth

None

Non-asbestos lay-in ceiling tiles, 24”x48” textured fleck

and hole pattern.

Non-asbestos lay-in ceiling tiles, 24”x48” flat cloth.

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3.1.4 Drywall Joint Compound

Drywall (gypsum board) and drywall joint compound is present as a wall and ceiling finish throughout the 1-75 Office Area. Three samples of drywall joint compound were collected (samples 2013-A006A-C) and found to be non-asbestos.

3.1.5 Firestopping

Firestopping is present at pipe and conduit penetrations in the form of non-asbestos drywall joint compound and mortar.

3.1.6 Caulking

White caulking, containing chrysotile asbestos, is present at expansion joints in the block walls (samples 2013-A004A-C), in the 1-31 Garage, 1-32 Garage, 1-33 Garage, 1-34 Garage, 1-39 Garage, 1-40 Garage, 1-41 Garage, and 1-42 Garage. Caulking is non-friable and is in good condition.

Brown caulking is present at exterior windows and doors (samples 2013-A001A-C). Asbestos was not detected in the caulking

3.1.7 Presumed Asbestos Materials

A number of materials which might contain asbestos were not sampled during our reassessment due to limitations in scope and methodology. Where present, these materials must be presumed to be an asbestos material and are best sampled during project planning and preparation of contract documents for their removal. Materials presumed to contain asbestos include:

• roofing, felts and tar

• concrete floor levelling compound

• electrical components or wiring within control centers, breakers, motors or lights, insulation on wiring

• vermiculite in concrete block wall cavities

• adhesives and duct mastics

• soffit and fascia boards at elevated heights

• mechanical packing, ropes and gaskets

• fire resistant doors or metal clad finishes

3.2 Lead

3.2.1 Paints and Surface Coatings

A total of eleven paint samples were collected from interior and exterior painted finishes. The following table summarizes the analytical results for paints sampled and their locations.

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Sample Number Colour, Substrate

Description Locations Lead (%)

L001 Teal paint on steel doors Exterior doors to Garage 0.10

L002 Yellow paint on steel pipes Piping throughout facility 1.2

L003 Mortar glazing Exterior walls of facility <0.011

L004 Yellow paint on brick Exterior walls of facility <0.007

L005 Orange paint on steel

pipes Piping throughout facility

11

L006 Grey paint on concrete

block wall Interior walls in Garage

<0.008

L007 Blue and grey paint on

concrete block wall Interior walls in Garage

0.008

L008 Grey paint on structural

steel Throughout Garage

<0.005

L009 Grey red paint on

structural steel Throughout Garage

1.9

L010 Teal paint on steel Exterior door to Garage 0.46

L011 Grey paint on structural

steel Throughout Garage

0.088

Approximately 80 m2 of grey red paint was flaking/peeling from structural beams throughout the Garage. Please refer to the Survey Forms in Appendix 5 for specific locations and quantities.

Grey red paint flaking from the structural beams in

throughout the Garage.

Appendix II-B presents the lead testing or bulk sample analytical results.

3.2.2 Lead Products and Applications

Lead-containing batteries are present in emergency lighting present throughout the facility.

Lead is present in mortar at stone cladding at the building exterior at a concentration of 0.011%

(Sample L003).

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Lead glaze is present on brick at the building exterior at a concentration of 0.007% (Sample L004).

Lead wool or lead caulking is present in bell and spigot fittings on cast iron pipes throughout the building.

3.2.3 Presumed Lead Materials

Lead may be present in a number of materials which were not assessed and/or sampled. The following materials, where found, should be considered to contain lead.

• electrical components, including wiring connectors, fibre optic cable sheathing, grounding conductors, and solder

3.3 Silica

Crystalline silica is a presumed component of the following building materials where present in the building:

• poured or pre-cast concrete

• masonry and mortar

• ceramic tiles, grout

3.4 Mercury

3.4.1 Lamps

Mercury vapour is present in fluorescent lamps and other lighting that is known to contain mercury such as mercury vapour lamps, metal halide lamps, and high pressure sodium lamps present in the assessed area.

3.4.2 Mercury-Containing Devices

Mercury-containing devices were not found during the survey.

3.5 Polychlorinated Biphenyls

3.5.1 Caulking

Brown caulking is present at exterior doors and windows (sample PCB01). White caulking is present as expansion joints in the concrete block walls (sample PCB02). Both samples contain <0.5 ppm PCBs. The materials are a non-PCB solid based on the threshold given in SOR/2008-273 (50 ppm).

3.5.2 Lighting Ballasts

The building has not been comprehensively re-lamped with new energy efficient light ballasts and lamps, and as such, a percentage of light ballasts will be pre-1980 and contain PCBs.

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3.5.3 Transformers

All transformers in the building are dry type transformers and do not contain PCB-containing dielectric fluids.

3.5.4 Presumed PCB Materials

• oil impregnated cables and potheads

• voltage regulators

• paints

• capacitors

3.6 Mould

Visible water staining and efflorescence was observed on the drywall wall in the 1-73 Vestibule near the doors.

Water staining and efflorescence located on drywall

walls in the 1-73 Vestibule.

4.0 RECOMMENDATIONS

4.1 General

Perform a detailed intrusive assessment prior to building renovation or demolition operations. The assessment should include; destructive testing (i.e. coring and/or removal of building finishes and components), and sampling of materials not previously tested (i.e. roofing materials, caulking, mastics).

4.2 Remedial Work

We recommend the following remedial work be performed to comply with existing regulations, regardless of proposed construction work due to the condition and location of the material:

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Material and Quantity Location Recommended Procedure

Parging cement pipe insulation,

1 fitting 1-05 Garage Type 2 Glove Bag Removal











Grey red paint on structural steel Throughout Garage Area Remove and Encapsulate using Type

2A Lead Operations

Water staining and efflorescence is present on the drywall walls

1-73 Vestibule Removal using Level 1 Mould

Precautions

4.3 On-going Management and Maintenance

The following recommendations are made regarding on-going management and maintenance work involving the hazardous materials identified.

4.3.1 Asbestos

Perform a reassessment of asbestos materials on an annual basis. The next reassessment of ACM should be performed prior to November 2015 to remain in compliance.

Remove all asbestos-containing materials (ACM) prior to alteration or maintenance work or if ACM may be disturbed by the work. Follow appropriate asbestos precautions for the classification of work being performed.

Update the asbestos inventory report upon completion of any abatement and removal of asbestos-containing materials.

4.3.2 Lead

Disturbance of lead in paint and coatings (or other materials) during maintenance activities may result in over-exposure to lead dust or fumes. The need for work procedures, engineering controls and personal protective equipment will need to be assessed on a project-by-project basis and must comply with provincial standards or guidelines. Performing an exposure assessment during work that disturbs lead in paints and coatings may be able to alleviate the use of some of the precautions specified by these standards or guidelines.

Lead-containing items [lead-acid batteries, others] should be recycled when taken out of service.

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4.3.3 Silica

Disturbance of silica-containing products during maintenance activities may result in excessive exposures to airborne silica, especially if performed indoors and dry. Cutting, grinding, drilling or demolition of materials containing silica should be completed only with proper respiratory protection and other worker safety precautions that comply with provincial standards or guidelines.

4.3.4 Mercury

Recycle and reclaim mercury from fluorescent light tubes and thermostats when taken out of service. Do not break lamps or separate liquid mercury from components. Light tubes are accepted free of charge at many local recycling depots. Liquid mercury is classified as a hazardous waste and must be disposed of in accordance with local regulations.

4.3.5 PCBs

When light fixtures are removed from service, examine light ballasts for PCB content. If ballasts are not clearly labelled as “non-PCB”, or are suspected to contain PCBs; package and ship ballasts for destruction at a federally permitted facility.

Dispose of non-liquid PCB materials when they are removed from the building.

4.3.6 Mould

Conduct an intrusive mould investigation to determine the extent of mould growth. The investigation should identify the source of the water intrusion that contributed to the mould growth and water damage observed during this reassessment.

5.0 LIMITATIONS

The work performed by Pinchin was conducted in accordance with generally accepted engineering or scientific practices current in this geographical area at the time the work was performed. No warranty is either expressed or implied by furnishing written reports or findings. The Client acknowledges that subsurface and concealed conditions may vary from those encountered or inspected. Pinchin can only comment on the environmental conditions observed on the date(s) the survey is performed. The work is limited to those materials or areas of concern identified by the Client or outlined in our proposal. Other areas of concern may exist but were not investigated within the scope of this assignment.

Pinchin makes no other representations whatsoever, including those concerning the legal significance of its findings or as to other legal matters touched on in this report, including, but not limited to, ownership of any property, or the application of any law to the facts set forth herein. With respect to regulatory compliance issue, regulatory statutes are subject to interpretation and these interpretations may change over time. Pinchin accepts no responsibility for consequential financial effects on transactions or property values, or requirements for follow-up actions and costs.

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The liability of Pinchin or its staff will be limited to $1,000,000.00. Pinchin will not be responsible for any consequential or indirect damages. Pinchin is only liable for damages resulting from the negligence of Pinchin. All claims by the Client shall be deemed relinquished if not made within two years after last date of services provided.

Information provided by Pinchin is intended for Client use only. Pinchin will not provide results or information to any party unless disclosure by Pinchin is required by law. Any use by a third party of reports or documents authored by Pinchin or any reliance by a third party on or decisions made by a third party based on the findings described in said documents, is the sole responsibility of such third parties. Pinchin accepts no responsibility for damages suffered by any third party as a result of decisions made or actions conducted. No other warranties are implied or expressed.

6.0 REFERENCES

The following legislation and documents were referenced in completing the reassessment and this report:

1. Asbestos on Construction Projects and in Buildings and Repair Operations, Ontario Regulation 278/05.

2. Designated Substances, Ontario Regulation 490/09.

3. Lead on Construction Projects, Ministry of Labour Guidance Document.

4. Ministry of the Environment Regulation, R.R.O. 1990 Reg. 347 as amended.

5. Surface Coating Materials Regulations, SOR/2005-109, Hazardous Products Act.

6. Silica on Construction Projects, Ministry of Labour Guidance Document.

7. Alert – Mould in Workplace Buildings, Ontario Ministry of Labour.

J:\91000s\91828 CofT,2014AssRea,DSS\Toronto Water\Finch Avenue West - 1026\1026 Finch Avenue West_DSS_2014 Management.docx

Template: Master Report for Hazardous Materials Assessment Report (Management), Haz, June 2014 – Ver. 01

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APPENDIX I Drawings

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1-01

1-02

1-03

1-04

1-05

1-06

1-12

1-11

1-10

1-09

1-08

1-07

1-13

1-14

1-15

1-16

1-17

1-18

1-24

1-23

1-22

1-21

1-20

1-19

1-25

1-26

1-27

1-28

1-29

1-30

1-36

1-35

1-34

1-33

1-32

1-31

1-37

1-38

1-39

1-40

1-41

1-42

1-48

1-47

1-46

1-45

1-44

1-43

1-49

1-50

1-51

1-52

1-53

1-54

1-60

1-59

1-58

1-57

1-56

1-55

1-61

1-62

1-63

1-64

1-65

1-66

1-73

1-76

1-77

1-78

1-79

1-80

1-87

1-85

1-84

1-83

1-82

1-81

1-72

1-71

1-70

1-69

1-68

1-67

1-74

1-75

1-86

L006

L005

L001

L002

L003

L004

L007

L008

L010L009

L012

L011

A002A-C

A003A-C

A001A

A001B

A001C

A004A-C

A005A-C

A006A

A006B

A006C

PCB01

PCB02

P06

P01

P04

P05

P03 P02

LEGEND

FRIABLE\SEMI-FRIABLE ASBESTOS

CONTAINING MATERIAL

NON-FRIABLE ASBESTOS CONTAINING

MATERIAL

LOCATION NUMBER

NO ACCESS TO ROOM

1-01

NAR

THE DRAWING DOES NOT ILLUSTRATE LOCATIONS OF

DRYWALL JOINT COMPOUND, PLASTER, WINDOW

CAULKING OR ROOFING MATERIALS, FOR REASONS AS

DISCUSSED IN SECTION 6 OF THE STANDARD

OPERATING PROCEDURE FOR ASBSETOS

REASSESSMENT SURVEYS. PLEASE REFER TO THE

ASBESTOS REASSESSMENT SURVEY FORM IN APENDIX I

FOR INFORMATION REGARDING THE LOCATIONS AND

ASBESTOS CONTENT OF THESE MATERIALS.

PROJECT NUMBER:

CLIENT

DATE:

SCALE:

DRW BY:

CHK BY:

CITY OF TORONTO

PINCHIN FILE NUMBER

91828.168

NOVEMBER 2014

NOT TO SCALE

S.R.

E.M.

FIRST FLOOR PLAN

ASBESTOS-CONTAINING MATERIAL LOCATIONS

FIGURE 1 OF 1

LOCATION:

BUILDING NAME:

TORONTO WATER FINCH YARD

BUILDING B

1026 FINCH AVENUE WEST

TORONTO, ONTARIO

NOT WITHIN THE ASSESSED AREA

ASBESTOS BULK SAMPLE LOCATION

LEAD SAMPLE NUMBER

PCB BULK SAMPLE LOCATION

PHOTOGRAPH LOCATION

112 of 227

APPENDIX II-A Asbestos Analytical Certificates

113 of 227

1309445Lab Order ID:

84845, City of Toronto, Building B,1026 Finch Avenue West

Project:

5/20/2013Date Received:

5/24/2013Date Reported:

Sample ID

Lab Sample ID

Description

Lab NotesAsbestos Fibrous

ComponentsNon-FibrousComponents

Attributes

Treatment

Bulk Asbestos AnalysisBy Polarized Light Microscopy

EPA Method: 600/R-93/116 and 600/M4-82-020

Thong NguyenJeff Lainsbury

Attn:

1309445_PLMAnalysis ID:

Customer: Pinchin Environmental Ltd2470 Milltower CourtMississauga ON L5N 7W5

None Detected2013-A0001A

Exterior caulking, 0-00Exterior

GrayNon FibrousHomogeneous

Ashed1309445PLM_1

Other 100%

None Detected2013-A0001B



Ashed1309445PLM_2

Other 100%

None Detected2013-A0001C



Ashed1309445PLM_3

Other 100%

30% Chrysotile2013-A0002A

Parging cement, 1-18 GarageGrayFibrousHeterogeneous

Teased1309445PLM_4

Other 70%

Not Analyzed2013-A0002B

Parging cement, 1-18 Garage

1309445PLM_5

Not Analyzed2013-A0002C

Parging cement, 1-18 Garage

1309445PLM_6


Sweatwrap, 1-18 GarageTanFibrousHomogeneous

Teased1309445PLM_7

Cellulose Other 95% 5%



Teased1309445PLM_8


Disclaimer: Due to the nature of the EPA 600 method, asbestos may not be detected in samples containing low levels of asbestos. We strongly recommended that analysis of floor tiles, vermiculite, and/orheterogeneous soil samples be conducted by TEM for confirmation of “None Detected” by PLM. This report relates only to the samples tested and may not be reproduced, except in full, without thewritten approval of SAI. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. government. Estimated MDL is 0.1%.

Page 1 of 3

Approved SignatoryAnalyst

Scientific Analytical Institute, Inc. 4604 Dundas Dr. Greensboro, NC 27407 (336) 292-3888

Bobby Wheatley (18)

plm_3.3.004114 of 227



Project:



Sample ID

Lab Sample ID

Description



Attributes

Treatment


EPA Method: 600/R-93/116 and 600/M4-82-020


Attn:





Teased1309445PLM_9


3% Chrysotile2013-A0004A

Caulking expansion joint, 1-39Garage

TanNon FibrousHeterogeneous

Teased1309445PLM_10

Other 97%

Not Analyzed2013-A0004B


1309445PLM_11

Not Analyzed2013-A0004C


1309445PLM_12


Acoustic ceiling tiles, 2x4textured fleck and hole, 1-87washroom

GrayFibrousHeterogeneous

Teased1309445PLM_13

Cellulose Fiber Glass

Other 60% 20%

20%




Teased1309445PLM_14


Other 60% 20%

20%




Teased1309445PLM_15


Other 60% 20%

20%


Drywall joint compound, 1-87washroom

WhiteNon FibrousHomogeneous

Crushed1309445PLM_16

Other 100%


Page 2 of 3



Bobby Wheatley (18)

plm_3.3.004115 of 227



Project:



Sample ID

Lab Sample ID

Description



Attributes

Treatment


EPA Method: 600/R-93/116 and 600/M4-82-020


Attn:







Other 100%





Other 100%


Page 3 of 3



Bobby Wheatley (18)

plm_3.3.004116 of 227

117 of 227

APPENDIX II-B Lead Analytical Certificates

118 of 227

Pinchin Environmental Ltd2470 Milltower CourtMississauga ON L5N 7W5

Customer:

Analysis ID: 1309341_PBP

Attn: Thong Nguyen

Date Amended: 6/3/2013

Date Reported: 5/23/2013

Date Received: 5/17/2013

Project: 84845, PNC-13-110, 1026 Finch Avenue West Toronto

Lab Order ID: 1309341

Lab Notes

Description

Lab Sample ID

Sample ID

by Flame Atomic Absorption SpectroscopyEPA SW-846 3rd Ed. Method No. 3050B/Method No. 7420

Analytical Sensitivity

(% by weight)(g)

Mass Concentration

(% by weight)

1309341PBP_1

Teal on steelL0010.005%0.0286 0.10%

1309341PBP_2

Yellow on steelL0020.002%0.0744 1.2%

1309341PBP_3

MortarL0030.004%0.0368 < 0.011%

1309341PBP_4

Yellow brickL0040.002%0.0562 < 0.007%

1309341PBP_5

Orange on steelL0050.040%0.0407 11%

1309341PBP_6

Grey on block wallL0060.003%0.0502 < 0.008%

1309341PBP_7

Blue and grey on block wallL0070.003%0.0507 0.008%

1309341PBP_8

Grey on structural steelL0080.002%0.0761 < 0.005%

1309341PBP_9

Grey red and structural steelL0090.004%0.0383 1.9%

1309341PBP_10

Teal on steelL0100.002%0.0602 0.46%

The quality control samples run with the samples in this report have passed all AIHA required specifications unless otherwise noted. This report relates only to the samples tested and may not be reproduced, except in full, without the written approval of SAI. This report may not be used by the client to claim product endorsement by AIHA or any

other agency of the U.S. government. (R.L. = 0.01 wt.%)

Robert Duke (11)


Analyst Laboratory DirectorPage 1 of 2

pbRpt_3.3.8/pbCalc_3.4.01 119 of 227

Pinchin Environmental Ltd2470 Milltower CourtMississauga ON L5N 7W5

Customer:

Analysis ID: 1309341_PBP

Attn: Thong Nguyen

Date Amended: 6/3/2013

Date Reported: 5/23/2013

Date Received: 5/17/2013

Project: 84845, PNC-13-110, 1026 Finch Avenue West Toronto

Lab Order ID: 1309341

Lab Notes

Description

Lab Sample ID

Sample ID

by Flame Atomic Absorption SpectroscopyEPA SW-846 3rd Ed. Method No. 3050B/Method No. 7420

Analytical Sensitivity

(% by weight)(g)

Mass Concentration

(% by weight)

1309341PBP_12

Grey on structural steelL0110.003%0.0537 0.088%

The quality control samples run with the samples in this report have passed all AIHA required specifications unless otherwise noted. This report relates only to the samples tested and may not be reproduced, except in full, without the written approval of SAI. This report may not be used by the client to claim product endorsement by AIHA or any

other agency of the U.S. government. (R.L. = 0.01 wt.%)

Robert Duke (11)


Analyst Laboratory DirectorPage 2 of 2

pbRpt_3.3.8/pbCalc_3.4.01 120 of 227

Client: Pinchin Environmental Ltd. Thong Nguyen Contact: 2470 Milltower Court, Mississauga, ON, CanadaIAddre5S: 905-363-1424Phone: 905-363-1424Fax: txnguyen@pinchin .com Email: 302-L Pomona Dr.

Greensboro, He 27407

Institute, Inc.

Project: 84845, PNC -13-110, 1026 Finch Avenue West Toronto Phone: 336.292.3888 Fax: 336.292.331.3

Lead sam pies Client Notes: Email: [email protected]

P.O.#. Date Submitted:

FlameAAAnalysis: 5 days TumAroundTlme:

ISampie Number Data 1 -Oatar Data3 « L0011 Teal on steel 0-00 Exterior L002 Yellow on steel 0-00 Exterior L003 Mortar 0-00 Exterior L004 Yellow brick 0-00 Exterior L005 Orange on steel 1-01 Garage L006 Grey on block wall 1-01 Garage L007 Blue and gery on block wall 1-04 Garage L008 grey on structural steel 1-23 Garage L009 Grey red and structural steel 1-19 Garage L010 Teal on steel 1-30 Garage L011 Grey on structural steel 1-36 Garage L012 Grey on structural steel 1-31 Garage

121 of 227



APPENDIX II-C PCB Analytical Certificates

122 of 227

WWW.AEVITAS.CA

Thong Nguyen

Pinchin Environmental Ltd. (Mississauga)

2470 Milltower Court, Mississauga, ON L5N 7W5 May 22, 2013Printed:

Special Notes: Project No.: 84845, PNC - 13-110 (1026 Finch Avenue West, Toronto)

2 caulking samples were submitted for the following analysis from 1026 Finch Avenue West, Toronto.

Date Sampled: N/A Date Tested: May 21, 2013 Sampled by: Thong Nguyen

Certificate of Analysis

75 WANLESS COURT, AYR, ONTARIO, N0B 1E0, CANADA

AEVITAS INC. (AYR) - ANALYTICAL CHEMISTRY LABORATORY

(AYR)(AYR)(AYR)(AYR)

Analyte Result Units MDL Technique / Test Method CommentsSample #

Report Number: 13-0674

PCB01 - Grey caulking, 0-00 ExteriorSample ID.:1

PCBs in Solid <0.5 mg/kg 0.5 LAB-M06 (EPA 3550C/8082A modified)

PCB02 - Grey black expansion joint, 1-34 GarageSample ID.:2

PCBs in Solid <0.5 mg/kg 0.5 LAB-M06 (EPA 3550C/8082A modified)

Comment(s) - N/A N/A N/A"mg/kg" is equivalent to "ppm"

Results relate only to the samples tested above, as received.

Approved By:

Lab Manager

Son C.H. Le, B. Eng. (Chem.)

Phone:

Fax:

Email:

(519) 740-1333 Ext.: 230

(519) 740-2320

[email protected]

The Analytical Chemistry Laboratory of Aevitas Inc. (Ayr) is accredited for specific tests in accordance with the recognised International Standard ISO/IEC 17025:2005 by the Canadian Association for Laboratory Accreditation (CALA) Inc. This accreditation demonstrates technical competence for a defined scope and the operation of a laboratory quality management system (refer to joint ISO-ILAC-IAF Communiqué dated 8 January 2009). The laboratory quality management system of Aevitas Inc. (Ayr) meets the principles of ISO 9001:2008.

All Analytical data is subject to uncertainty which, may vary with sample matrices, sample preparation techniques and instrumental parameters. As a general guideline, uncertainty may be expressed as approximately +/- 50% of the reported value at or near the Method Detection Limit (MDL) and +/-10% or less, of the reported result that is greater than 10 times the MDL. Method Detection Limits are defined as approximately 3 times the standard deviation value (at 99% confidence level), which is obtained from replicate analysis of a low-level standard as per the Ontario MOE - MISA Protocol for the Sampling and Analysis of Industrial / Municipal Wastewater (1999). MDL determination is based on undiluted samples with relatively low matrix interferences. Where dilutions are required, the reported MDL value will be scaled proportionally.

All testing procedures follow strict guidelines and quality assurance / quality control (QA/QC) protocols. QA/QC data is available for review at any time upon client's request.

Page 1 of 1123 of 227

APPENDIX III Methodology

124 of 227

Hazardous Building Materials Reassessment Methodology The City of Toronto Appendix III


1.0 GENERAL

Pinchin conducts a room-by-room survey (rooms, corridors, service areas, exterior, etc.) to identify the hazardous building materials as defined by the scope.

Information regarding the approximate quantity, location, and condition of hazardous building materials encountered and visually estimated quantities are recorded. The locations of any samples collected are recorded on small-scale plans.

As-built drawings and previous reports are referenced where provided.

1.1 Limitations on Scope

The reassessment excludes the following:

• Owner or occupant articles (e.g. stored items, furniture, appliances, etc.);

• Underground materials or equipment (e.g. vessels, drums, underground storage tanks, pipes, etc.);

• Building envelope, structural components, inaccessible or concealed materials or other items where sampling may cause consequential damage to the property.

• Energized systems (e.g. internal boiler components, elevators, mechanical or electrical components);

• Controlled products (e.g. stored chemicals, operational or process-related substances); and

• Materials not typically associated with construction (e.g. settled dust, spills, residual contamination from prior spills, etc.).

The reassessment is limited to non-intrusive testing. Concealed spaces such as those above solid ceilings and within shafts and pipe chases are accessed via existing access panels only. Pinchin does not conduct demolition of walls, solid ceilings, structural items, interior finishes or exterior building finishes, to determine the presence of concealed materials.

1.2 Asbestos

Pinchin conducts an inspection for the presence of friable and non-friable asbestos-containing materials (ACM). A friable material is a material that when dry can be crumbled, pulverized or powdered by hand pressure.

A separate set of samples is collected of each type of homogenous material suspected to contain asbestos. A homogenous material is defined by the US EPA1 as material that is uniform in texture and appearance, was installed at one time, and is unlikely to consist of more than one

1 Environmental Protection Agency

125 of 227



type or formulation of material. The homogeneous materials are determined by visual examination, available information on the phases of the construction and prior renovations.

Pinchin collects samples at a rate that is in compliance with Table 1 of O.Reg. 278/05.

The sampling strategy is also based on known ban dates and phase out dates of the use of asbestos; sampling of certain building materials is not conducted after specific construction dates. In addition, to be conservative, several years past these dates are added to account for some uncertainty in the exact start / finish date of construction and associated usage of ACM.

In some cases, manufactured products such as asbestos cement pipe are visually identified without sample confirmation.

Drywall joint compound is sampled at exterior walls, columns or other locations that are unlikely to have been renovated in an attempt to determine the presence of asbestos in the original drywall compound. Delineation of asbestos-containing drywall compound from newer, non-asbestos drywall compound is not conducted.

Flooring mastic or adhesive is sampled and analyzed if present on the underside of flooring samples (vinyl floor tile and vinyl sheet flooring).

Pinchin submits the bulk samples to a NVLAP2 accredited laboratory for analysis. The analysis is performed in accordance with Test Method EPA/600/R-93/116: Method for the Determination of Asbestos in Bulk Building Materials, July 1993.

The asbestos analysis is completed using a stop positive approach. Only one result of greater than the regulated criteria (0.5%) is required to determine that a material is asbestos-containing, but all samples must be analyzed to conclusively determine that a material is non-asbestos. The laboratory stops analyzing samples from a homogeneous material once a result greater than the regulated criteria is detected in any of the samples of that material. All samples of a homogeneous material are analyzed if no asbestos is detected. In some cases, all samples are analyzed in the sample set regardless of result. Where building materials are described in the report as non-asbestos, or described as containing no asbestos, this is subject to the limitations of the analytical method used, and should be understood to mean no asbestos was detected.

Asbestos materials are evaluated in order to make recommendations regarding remedial work. The priority for remedial action is based on several factors:

• friability (friable or non-friable).

• condition (good, fair, poor, debris).

• accessibility (ranking from accessible to all building users to inaccessible).

• visibility (whether the material is obscured by other building components).

2 National Voluntary Laboratory Accreditation Program

126 of 227



• efficiency of the work (for example, if damaged ACM is being removed in an area, it may be most practical to remove all ACM in the area even if it is in good condition).

This includes friability, condition and efficiency and practicality of the work.

1.3 Lead

Pinchin collects samples of distinctive paint finishes and surface coatings present in more than a limited application, where removal of the paint is possible. Pinchin collects samples by scraping the painted finish to include base and covering applications. Drawings included show sample locations.

Analysis for lead in paints or surface coatings is performed in accordance with EPA Method No. 3050B/Method No. 7420; flame atomic absorption at an accredited laboratory.

For this report, all paints containing lead at a concentration of 0.009% or greater are discussed. Paint and surface coatings are evaluated for condition.

Lead building products (e.g. batteries, lead sheeting, flashing) are identified by visual observation only.

1.4 Silica

Pinchin identifies building materials suspected of containing crystalline silica (e.g. concrete, cement, tile, brick, masonry, mortar) by knowledge of current and historic applications and visual inspection only. Pinchin does not perform sampling of these materials for laboratory analysis of crystalline silica content.

1.5 Mercury

Building materials/products/equipment (e.g. thermostats, barometers, pressure gauges, light tubes), suspected to contain mercury were identified by visually inspection only. Dismantling of equipment suspected of containing mercury was not performed. Sampling of these materials for laboratory analysis of mercury content was not performed.

Mercury spills or damaged mercury-containing equipment was recorded where observed.

1.6 Polychlorinated Biphenyls

Pinchin determines the potential for light ballast and wet transformers to contain PCBs based on the age of the building, a review of maintenance records and examination of labels or nameplates on equipment, where present and accessible. The information is compared to known ban dates of PCBs and Environment Canada publications.

Dry type transformers are presumed to be free of dielectric fluids and hence non-PCB.

Pinchin records spills or leakage of suspect PCB-containing fluids where observed or identified in historical documents.

127 of 227



Fluids (mineral oil, hydraulic or Askaral) in transformers or other equipment are not sampled for PCB content.

Non-liquid forms of PCBs (i.e. sealants or caulking) are sampled for PCB content.

1.7 Visible Mould

Pinchin identifies the presence of mould if visibly present in a significant quantity on exposed building surfaces. If any mould growth is concealed within wall cavities it is not addressed in this reassessment.

128 of 227

APPENDIX IV Photographs

(No Information to Report)

129 of 227

APPENDIX V Survey Form

130 of 227

APPENDIX I - ASBESTOS REASSESSMENT SURVEY FORM

791 Islington Avenue, Toronto, Ontario PAGE 1 of 17

Location Number Location Name Building

System Material Observed Potential Hazardous Material Sample ID Analytical Result

Qua

ntity

Con

ditio

n

Notes/Required Action

0-00 Exterior Roof Roofing Material Asbestos Not Sampled ACM Assumed 200 m2 Good

0-00 Exterior Walls Brick / Concrete Block N/A N/ANo Potential ACM

IdentifiesN/A Good

0-00 Exterior Walls Mortar Lead L003 (2013) <0.011% 20,000 m2 Good

0-00 Exterior Walls Exterior Caulking PCBs PCB01 (2013) <0.5 ppm 5 m2 Good

0-00 Exterior Walls Exterior Caulking Asbestos 2013 - A001A-C None Detected 10 m2 Good

0-00 Exterior Walls Yellow Paint Lead L004 (2013) <0.007% 10 m2 Good

0-00 Exterior Windows Window Caulking Asbestos Not Sampled ACM Assumed 20 m2 Good

0-00 Exterior Door Teal Paint Lead L001 (2013) 0.10% 5 m2 Good

0-00 Exterior Pipes Yellow Paint Lead L002 (2013) 1.2% 2 m2 Good

1-01 Garage Floor Concrete N/A N/ANo Potential ACM

IdentifiesN/A N/A

1-01 Garage Walls Concrete Block N/A N/ANo Potential ACM

IdentifiesN/A Good

1-01 Garage Walls Grey Paint Lead L006 (2013) <0.008% 30 m2 Good

1-01 Garage Ceiling N/A N/A N/ANo Potential ACM

IdentifiesN/A N/A Open to metal deck

1-01 Garage Structure Steel Beams Lead L009 (2013) 1.9% 20 m2 Good

1-01 Garage Pipes Orange Paint Lead L005 (2013) 11% 2 m2 Good


IdentifiesN/A N/A


IdentifiesN/A N/A

1-02 Garage Walls Grey Paint Lead L006 (2013) <0.008% 30 m2 Fair 1 m2 flaking



1026 Finch Avenue West, Toronto, Ontario

Toronto Water, Building B Pinchin Ltd.

Building Address

Building Name

September 9, 2014Date(s) of Current Reassessment:

Organization completing Asbestos Reassessment:

Summary of Findings

131 of 227





Qua

ntity

Con

ditio

n




IdentifiesN/A N/A


IdentifiesN/A N/A

1-03 Garage Walls Blue and Grey Paint Lead L007 (2013) 0.008% 30 m2 Good





IdentifiesN/A N/A


IdentifiesN/A N/A

1-04 Garage Walls Blue and Grey Paint Lead L007 (2013) 0.008% 30 m2 Fair 20 m2 flaking



1-04 Garage Structure Steel Beams Lead L009 (2013) 1.9% 30 m2 Fair 4 m2 flaking


IdentifiesN/A N/A


IdentifiesN/A N/A




1-05 Garage Structure Steel Beams Lead L009 (2013) 1.9% 30 m2 Fair

1-05 Garage Pipes Parging Cement Asbestos 2013 - A002A-C30% Chrysotile

Asbestos8 ea Fair 7 good, 1 fair - Type 2 Repairs


IdentifiesN/A N/A


IdentifiesN/A N/A






IdentifiesN/A N/A


IdentifiesN/A N/A



132 of 227





Qua

ntity

Con

ditio

n




IdentifiesN/A N/A

1-08 Garage Walls N/A N/A N/A N/A N/A N/A No walls, only structural beams





Asbestos5 ea Good


IdentifiesN/A N/A






IdentifiesN/A N/A






IdentifiesN/A N/A






IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A


IdentifiesN/A N/A



133 of 227





Qua

ntity

Con

ditio

n




IdentifiesN/A N/A


1-14 Garage Ceiling Drywall Joint Compound

(DJC)Asbestos

Sampled - 2012 - A0001A - A0001C

Non - ACM 10 m2 Good





IdentifiesN/A N/A





Asbestos6 ea Good



IdentifiesN/A N/A






Asbestos7 ea Fair 6 Good, 1 Fair - Type 2 Repairs


IdentifiesN/A N/A








IdentifiesN/A N/A


IdentifiesN/A N/A





134 of 227





Qua

ntity

Con

ditio

n


1-18 Garage Pipes Sweatwrap Asbestos 2013 - A003A-C Non - ACM N/A N/A



IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A





Asbestos6 ea Good



IdentifiesN/A N/A






IdentifiesN/A N/A




1-22 Garage Structure Steel Beams Lead L008 (2013) <0.005% 5 m2 Good



IdentifiesN/A N/A






IdentifiesN/A N/A

135 of 227





Qua

ntity

Con

ditio

n



IdentifiesN/A N/A





IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A






IdentifiesN/A N/A


IdentifiesN/A N/A







IdentifiesN/A N/A


IdentifiesN/A N/A




Asbestos1 ea Good



IdentifiesN/A N/A


IdentifiesN/A N/A





136 of 227





Qua

ntity

Con

ditio

n




IdentifiesN/A N/A


IdentifiesN/A N/A




1-30 Garage Structure Steel Lead L010 (2013) 0.46% 3 m2 Good


IdentifiesN/A N/A


IdentifiesN/A N/A

1-31 Garage Walls Caulking Asbestos 2013 - A004A-C Chrysotile Asbestos 12 m Good Expansion joints






IdentifiesN/A N/A


IdentifiesN/A N/A





Asbestos3 ea Good



IdentifiesN/A N/A


IdentifiesN/A N/A






IdentifiesN/A N/A


IdentifiesN/A N/A

137 of 227





Qua

ntity

Con

ditio

n





1-34 Garage Walls Caulking PCBs PCB02 (2013) <0.5 ppm 2 m2 Good Expansion joints



IdentifiesN/A N/A






IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A






IdentifiesN/A N/A






Asbestos2 ea Good

138 of 227





Qua

ntity

Con

ditio

n




IdentifiesN/A N/A






Asbestos2 ea Good



IdentifiesN/A N/A






Asbestos4 ea Good



IdentifiesN/A N/A


IdentifiesN/A N/A





Asbestos2 ea Good



IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A


139 of 227





Qua

ntity

Con

ditio

n





Asbestos3 ea Good



IdentifiesN/A N/A






IdentifiesN/A N/A






IdentifiesN/A N/A






IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A


140 of 227





Qua

ntity

Con

ditio

n






IdentifiesN/A N/A



IdentifiesN/A N/A Steel



IdentifiesN/A N/A






IdentifiesN/A N/A



IdentifiesN/A N/A Steel


Asbestos5 ea Good



IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A


141 of 227





Qua

ntity

Con

ditio

n





Asbestos5 ea Good



IdentifiesN/A N/A






IdentifiesN/A N/A






IdentifiesN/A N/A






IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A


142 of 227





Qua

ntity

Con

ditio

n






IdentifiesN/A N/A






IdentifiesN/A N/A






IdentifiesN/A N/A





Asbestos4 ea Good



IdentifiesN/A N/A


IdentifiesN/A N/A





IdentifiesN/A N/A


IdentifiesN/A N/A





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1-73 Vestibule Floor Concrete N/A N/ANo Potential ACM

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1-73 Vestibule Walls Masonry N/A N/ANo Potential ACM

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1-73 Vestibule WallsDrywall with Joint

CompoundAsbestos 2013 - A006A-C Non-ACM 10 m2 Good

1-73 Vestibule Ceiling Acoustic Ceiling Tile N/A N/ANo Potential ACM

IdentifiesN/A N/A Flat cloth ceiling tile

1-73 Vestibule Structure Steel Beams Lead L009 (2013) 1.9% 30 m2 Good

1-74 Warehouse Floor Concrete N/A N/ANo Potential ACM

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1-74 Warehouse Walls Concrete Block N/A N/ANo Potential ACM

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1-74 Warehouse WallsDrywall with Joint


1-74 Warehouse Ceiling N/A N/A N/ANo Potential ACM



1-75 Office Floor Ceramic Tiles N/A N/ANo Potential ACM

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1-75 Office Walls Concrete Block N/A N/ANo Potential ACM

IdentifiesN/A N/A

1-75 Office WallsDrywall with Joint


1-75 Office Ceiling Acoustic Ceiling Tile N/A N/ANo Potential ACM

IdentifiesN/A N/A Flat cloth ceiling tile



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1-78 Warehouse Structure Steel Beams Lead L009 (2013) 1.9% 30 m2 Good


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1-86 Warehouse WallsDrywall with Joint





1-87 Washroom Floor Ceramic Tiles N/A N/ANo Potential ACM

IdentifiesN/A N/A

1-87 Washroom WallsDrywall with Joint


1-87 Washroom Ceiling Acoustic Ceiling Tile Asbestos 2013 - A005A-C Non-ACM N/A N/A2'x4' textured fleck and hole pattern

1-87 Washroom Structure Steel Beams Lead L009 (2013) 1.9% 30 m2 Good

Surveyor's Field Notes

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Section 5 - Supplementary Conditions to CCDC 2-2008 Stipulated Price Contract Tender Call No. 300-2015 Contract No. N/A

PMMD V 5.11d – August 18, 2015

The CCDC 2-2008 Stipulated Price Contract constitutes the General Conditions of Contract. The terms and conditions of the CCDC 2-2008 Stipulated Price Contract are modified by the

City of Toronto's Supplementary Conditions to CCDC 2-2008 Stipulated Price Contract "Supplementary Conditions"), attached here as Section 5.

CCDC 2-2008 is published by the Canadian Construction Documents Committee ("CCDC") and

is available for purchase at: http://www.ccdc.org/WhereToBuy/WhereToBuy.html

The Successful Bidder shall acquire the necessary copyright seal from CCDC and affix the seal on the cover page of CCDC 2 at the time it executes the CCDC 2 form of agreement.

CITY OF TORONTO

SUPPLEMENTARY CONDITIONS TO CCDC 2-2008

STIPULATED PRICE CONTRACT

June 2014

148 of 227

Supplementary Conditions, June 2014 1

AMENDMENTS TO THE STIPULATED PRICE CONTRACT, CCDC2-2008

The Standard Construction Document for Stipulated Price Contract, English version, consisting of the Agreement Between Owner and Contractor, Definitions, and General Conditions of the Stipulated Price Contract, Parts 1 to 12 inclusive, governing same is hereby made part of these Contract Documents, with the following amendments, additions and modifications:

1. AGREEMENT BETWEEN OWNER AND CONTRACTOR

1.1 ARTICLE A-3-CONTRACT DOCUMENTS

1.1.1 Amend paragraph 3.1 by adding the following after the words, "The General Conditions of the Stipulated Price Contract":

- "These Supplementary Conditions

-The Specific Conditions, if any

-Drawings

-Specifications"

1.2 ARTICLE A-5 – PAYMENT

1.2.1 Delete paragraph 5.3 – Interest, in its entirety.

1.3 ARTICLE A-6 – RECEIPT AND ADDRESSES FOR NOTICES IN WRITING

1.3.1 Amend paragraph 6.1, by deleting the words, "or by facsimile" in the second sentence, the words, "facsimile or other form of" in the fourth sentence, and the words, "facsimile number" wherever they appear.

2. DEFINITIONS

2.1.1 Delete Definition 4, "Consultant", and replace it with the following:

"The 'Consultant', shall be the person or entity designated as the Consultant by the Owner, from time to time.

2.1.2 Add a new Definition, "Act", as follows:

"'Act" means the Construction Lien Act (Ontario), as amended."

2.1.3 Add a new Definition, "OHSA", as follows:

"'OHSA' means the Occupational Health and Safety Act (Ontario)."

2.1.4 Add a new Definition, "Submittals", as follows:

"Submittals

Submittals are documents or items required by the Contract Documents to be provided by the Contractor in accordance with the Contract Documents such as:

Section 5 - Supplementary Conditions to CCDC 2-2008 Stipulated Price Contract

Page 5-2.149 of 227


- Shop Drawings, samples, models, mock-ups to indicate details or characteristics, before the portion of the Work that they represent can be incorporated into the Work; and

- As-built drawings and manuals to provide instructions to the operation and maintenance of the Work.

2.1.5 Add a new Definition, "WSIB", as follows:

"'WSIB' means the Workplace Safety & Insurance Board."

2.1.6 Add a new Definition "Daily Work Records", as follows:

"'Daily Work Records' mean daily records detailing the number and categories of workers and hours worked or on standby, types and quantities of Construction Equipment, and descriptions and quantities of Product utilized."

3. GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT

Where a General Condition or paragraph of the General Conditions of the Stipulated Price Contract is deleted by these Supplementary Conditions, the numbering of the remaining General Conditions or paragraphs shall remain unchanged, and the numbering of the deleted item will be retained, unused.

3.1 GC 1.1 - CONTRACT DOCUMENTS

3.1.1 Delete paragraph 1.1.7.1 in its entirety and replace it with new paragraph 1.1.7.1:

"1.1.7.1 If there is a conflict within the Contract Documents, the order of priority of documents, from highest to lowest, shall be:

any amendment to the Agreement between the Owner and the Contractor,

the Agreement between the Owner and the Contractor, as amended by these Supplementary Conditions

the Definitions,

Specific Conditions

Supplementary Conditions,

the General Conditions,

the Drawings,

Division 1 of the Specifications,

Technical Specifications,

material and finishing schedules."

3.1.2 Delete paragraph 1.1.8 in its entirety and replace it with new paragraph 1.1.8:

"1.1.8 The Owner shall provide the Contractor, without charge, up to ten copies of the Contract Documents. If requested by the Contractor, the City shall provide additional copies at the cost of printing handling and shipping."


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3.1.3 Amend paragraph 1.1.9 by deleting the period at the end and replacing it with ", which shall not unreasonably be withheld."

3.2 GC 1.3 – RIGHTS AND REMEDIES

3.2.1 Amend paragraph 1.3.2 by deleting the word, "Consultant" and replacing it with "his representative".

3.3 GC 1.4 - ASSIGNMENT

3.3.1 Delete paragraph 1.4.1 in its entirety and replace it with the following:

"1.4.1 The Contractor shall not assign the Contract, either in whole or in part, without the written consent of the Owner."

3.4 GC 2.1 – AUTHORITY OF THE CONSULTANT

3.4.1 Delete paragraph 2.1 in its entirety and replace it with new paragraph 2.1:

"2.1.1 The Consultant will be the Owner's representative during construction and until the issuance by the Consultant of a certificate at completion of the Work ("Completion Certificate") or the issuance by the Consultant of a certificate of final acceptance ("Final Acceptance Certificate") whichever is later. All instructions to the Contractor including instructions from the Owner will be issued by the Consultant. The Consultant will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents.

2.1.2 The Consultant will inspect the Work for its conformity with the plans and Specifications, and record the necessary data to establish payment quantities under the schedule of tender quantities and unit prices or to make an assessment of the value of the Work completed in the case of a lump sum price contract.

2.1.3 The Consultant will investigate all claims of a change in the Work made by the Contractor and issue appropriate instructions.

2.1.4 In the case of non-compliance with the provisions of the Contract by the Contractor, the Consultant, after consultation with the Owner, will have the authority to suspend the Work for such reasonable time as may be necessary to remedy such non-compliance. The Contractor shall not be entitled to any compensation for suspension of the Work in these circumstances.

3.5 GC 2.2 - ROLE OF THE CONSULTANT

3.5.1 Amend paragraph 2.2.3 by deleting the second sentence thereof.

3.5.2 Amend paragraph 2.2.7 by deleting the words "except with respect to GC 5.1 – FINANCING INFORMATION REQUIRED OF THE OWNER."

3.5.3 Delete paragraph 2.2.16 and replace it with the following:

2.2.16 The Consultant and the Contractor will jointly conduct reviews of the Work to determine the date of Substantial Performance of the Work and completion of the Work as provided in GC 5.4 SUBSTNATIAL PERFORMANCE OF THE WORK and GC 5.7 – FINAL PAYMENT, respectively.

3.6 GC 2.4 - DEFECTIVE WORK

3.6.1 Amend paragraph 2.4.1 by adding the following at the end, "at no additional cost to the Owner"

3.6.2 Add new subparagraphs 2.4.1.1 and 2.4.1.2:


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"2.4.1.1 The Contractor shall rectify, in a manner acceptable to the Owner and the Consultant, all defective Work and deficiencies throughout the Work, whether or not they are specifically identified by the Consultant.

2.4.1.2 The Contractor shall prioritize the correction of any defective Work which, in the sole discretion of the Owner, adversely affects the day to day operation of the Owner."

3.7 GC 3.2 - CONSTRUCTION BY OWNER OR OTHER CONTRACTORS

3.7.1 Delete subparagraphs 3.2.2.4 and 3.2.2.5 in their entirety.

3.8 GC 3.4 - DOCUMENT REVIEW

3.8.1 Delete paragraph 3.4.1 in its entirety and replace it with new paragraph 3.4.1:

"3.4.1 The Contractor shall review the Contract Documents and shall report promptly to the Consultant any error, inconsistency or omission the Contractor may discover. Such review by the Contractor shall comply with the standard of care described in GC 3.14 STANDARD OF CARE. Except for its obligation to make such review and report the result, the Contractor does not assume any responsibility to the Owner or to the Consultant for the accuracy of the Contract Documents. The Contractor shall not be liable for damage or costs resulting from such errors, inconsistencies, or omissions in the Contract Documents, which the Contractor could not reasonably have discovered. If the Contractor does discover any error, inconsistency or omission in the Contract Documents, the Contractor shall not proceed with the Work affected until the Contractor has received corrected or missing information from the Consultant."

3.8.2 Add new paragraph 3.4.2:

"3.4.2 If the Contractor finds discrepancies in and/or omissions from the Contract Documents or has any doubt as to the meaning or intent of any part thereof, the Contractor shall immediately notify the Consultant, who will provide written instructions or explanations. Neither the Owner nor the Consultant will be responsible for oral instructions."

3.9 GC 3.5 - CONSTRUCTION SCHEDULE

3.9.1 Add the following sections 3.5.1.1.1 to 3.5.1.1.5

"3.5.1.1.1 The schedule shall take into account the sequence of construction and the completion dates contained in the information for bidders and the tender submission package;

3.5.1.1.2 Only computerised type schedules will be accepted;

3.5.1.1.3 The schedule must show the Project critical path and the critical path must be identified in a contrasting colour (red) from the other activities;

3.5.1.1.4 The schedule must clearly show, in weekly intervals, the logic and timing of major activities, proposed start dates and estimated duration for activities;

3.5.1.1.5 The schedule must have a level of detail sufficient to identify the Contractor and each specific Subcontractor and their respective parts of the Work and the specific location thereof."


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3.10 GC 3.6 – SUPERVISION

3.10.1 Amend paragraph 3.6.1 by adding the following after the words, "competent representative", "who shall be a Competent Person, as that term is defined in the Occupational Health and Safety Act,", and by deleting the last sentence, and replacing it with the following, "The Contractor shall not be entitled to change the Competent Person without the prior written authorization of the Owner, which shall not be unreasonably withheld."

3.10.2 Add paragraphs 3.6.3 to 3.6.7 as follows:

"3.6.3 The Contractor shall furnish competent and adequate staff, who shall be in attendance at the Place of the Work at all times, as necessary, for the proper administration, co-ordination, supervision and superintendence of the Work; organize the procurement of all Product and Construction Equipment so that they will be available at the time they are needed for the Work; and keep an adequate force of skilled workers on the job to complete the Work in accordance with all requirements of the Contract Documents.

3.6.4 Prior to commencement of the Work, the Contractor shall select a competent and experienced full time Project manager (the “Project Manager”) who shall be in attendance at the Place of the Work or on the road and engaged in the Work at all times, and a competent and experienced full time site supervisor (the “Site Supervisor”) who shall be in attendance at the Place of the Work at all times. The Project Manager shall have full responsibility for the prosecution of the Work, with full authority to act in all matters as may be necessary for the proper co-ordination, supervision, direction and technical administration of the Work, who shall attend site meetings in order to render reports on the progress of the Work and who shall have authority to bind the Contractor in all matters related to this Contract. The Project Manager and the Site Supervisor shall be satisfactory to the Owner and shall not be changed except for good reason and with the prior written approval of the Owner, which shall not unreasonably be withheld. The Project Manager may be the same person as the competent representative set out in section 3.6.1.

3.6.5 The Project Manager and Site Supervisor shall represent the Contractor at the Place of the Work and notices and instructions given to the Project Manager and/or the Site Supervisor shall be held to have been received by the Contractor.

3.6.6 The Owner acting reasonably, shall have the right to order the Contractor to remove from the Project any representative or employee of the Contractor, Subcontractors or Suppliers who, in the opinion of the Owner, are a detriment to the Project.

3.6.7. The Contractor shall provide the Owner and the Consultant with the names, work addresses and telephone numbers of the Project Manager, the Site Supervisor and other responsible field persons who may be contacted for emergency and other reasons during non-working hours.”

3.11 GC 3.7 - SUBCONTRACTORS AND SUPPLIERS

3.11.1 Add a new paragraph 3.7.1.4, as follows:

"3.7.1.4 at all times ensure full compliance with all of the Owner's policies including the Owner's Fair Wage Policy, and its collective agreements."

3.11.2 Delete paragraphs 3.7.3, 3.7.4, and 3.7.5 in their entirety, and replace them with sections 3.7.3, 3.7.4, 3.7.5, 3.7.6, 3.7.7, and 3.7.8 as follows:

"3.7.3 The Contractor may subcontract any part of the Work, subject to these General Conditions and any limitations specified in the Contract Documents.


Page 5-2.153 of 227


3.7.4 The Contractor shall notify the Consultant, in writing, of its intention to subcontract. Such notification shall identify the part of the Work and the Subcontractor with whom it is intended to subcontract.

3.7.5 The Contractor shall not, without the written consent of the Owner, and whose consent shall not be unreasonably withheld, change a Subcontractor who has been engaged in accordance with this General Condition.

3.7.6 The Contractor shall preserve and protect the rights of the Owner with respect to that part of the Work to be performed under subcontract and shall enter into agreements with the intended Subcontractors to require them to perform their Work in accordance with the Contract Documents and shall be as fully responsible to the Owner for acts and omissions of the Contractor's Subcontractors and of persons directly and indirectly employed by them as for acts and omissions of persons employed directly by the Contractor.

3.7.7 The Owner's consent to subcontracting by the Contractor shall not be construed as relieving the Contractor from any obligation under the Contract and shall not impose any liability on the Owner. Nothing contained in the Contract Documents shall create a contractual relationship between a Subcontractor and the Owner.

3.7.8 The Contractor and all associated Subcontractors shall be subject to the Owner's policies, including any Fair Wage Policy, if any, as may be adopted by the Owner from time to time, and any of the Owner's or legislated labour trades requirements. Failure to comply with these policies or requirements may lead to termination of the Contract, or rejection of a Subcontractor, as the case may be."

3.12 GC 3.8 - LABOUR AND PRODUCTS

3.12.1 Paragraph 3.8.2 is amended by adding the following sentence to the end:

"The Contractor shall not change the source of supply of any Product without the written authorization of the Consultant."

3.12.2 Amend paragraph 3.8.3 by adding the following at the end thereof:

"and shall not employ any persons on the Work whose labour affiliation (or lack thereof) is incompatible with other labour employed in connection with the Work or at the Place of the Work."

3.13 GC 3.11- USE OF THE WORK

3.17.1 Amend section 3.11.2 by adding the words, ", individuals and the area adjacent to the work.", at the end thereof.

3.14 GC 3.12- CUTTING AND REMEDIAL WORK

3.18.1 Amend paragraph 3.12.1 by adding the word, "coring," before the word, "cutting".

3.15 GC 3.13- CLEANUP

3.15.1 Amend paragraph 3.13.2 by adding the following at the end thereof, "all to the satisfaction of the Consultant and the Owner, acting reasonably."

3.15.2 Add a new paragraph 3.13.4 as follows:

"3.13.4 The Owner shall have the right to back charge cleaning to the


Page 5-2.154 of 227


Contractor if the cleaning is not completed within 24 hours of written notice to clean and the Owner shall have the right to back charge the cost of damage to the Place of the Work caused by the Contractor’s, Subcontractor’s or Supplier's transportation in and out of the Place of the Work if not repaired within 5 Working Days of written notice to repair or before final payment, whichever is earlier.”

3.16 GC 3.14 – STANDARD OF CARE

3.16.1 Add new General Condition 3.14 as follows:

"3.14.1 In performing its services and obligations under the Contract, the Contractor shall exercise a standard of care, skill and diligence that would normally be provided by an experienced and prudent Contractor supplying similar services for similar projects. The Contractor acknowledges and agrees that throughout the Contract, the Contractor's obligations, duties and responsibilities shall be interpreted in accordance with this standard. The Contractor shall exercise the same standard of due care and diligence in respect of any Products, personnel, or procedures which it may recommend to the Owner.

3.14.2 The Contractor further represents covenants and warrants to the Owner that there are no pending, threatened or anticipated claims that would have a material effect on the financial ability of the Contractor to perform its Work under the Contract."

3.17 GC 5.1 - FINANCING INFORMATION REQUIRED OF THE OWNER

3.17.1 Delete GC 5.1.1 and 5.1.2 in their entirety and replace them with "Intentionally left blank."

3.18 GC 5.2 - APPLICATIONS FOR PROGRESS PAYMENT

3.18.1 Amend paragraph 5.2.4 by deleting the words "calendar days" and replacing them with "Working Days".

3.18.2 Amend paragraph 5.2.7 by adding the following at the end thereof:

"Any Products delivered to the Place of the Work but not yet incorporated into the Work shall remain at the risk of the Contractor notwithstanding that title has passed to the Owner pursuant to GC 13.1 OWNERSHIP OF MATERIALS."

3.18.3 Add new paragraphs 5.2.8, 5.2.9 , 5.2.10, 5.2.11, 5.2.12, and 5.2.13 as follows:

"5.2.8 The Contractor shall submit a WSIB clearance certificate and a Statutory Declaration of Progress Payment Distribution by Contractor in a form acceptable to the Owner with each application for progress payment.

5.2.9 The Contractor shall, within 21 days of the signing of the Contract, and prior to the first claim for monthly payment, submit to the Owner a detailed breakdown of the lump sum tender price for the purpose of establishing monthly payments. The Owner, acting reasonably, reserves the right to modify costs allocated to the various breakdown items to prevent unbalancing.

5.2.10 Payment for mobilizing and setting up plant, temporary buildings and services, premiums and other disbursements, shall be prorated based on the value of the Work performed during a billable period..

5.2.11 Payment for bonds and insurance will be paid 100 per cent on the first progress payment, provided that respective invoices are submitted as proof of payment.

5.2.12 An “as-built” item shall be identified on the cost breakdown with a corresponding fair and reasonable value for the purpose of ensuring that the as-built information drawings are given due diligence. A detailed description of as-built information/drawings performed for that month shall accompany the invoice.


Page 5-2.155 of 227


5.2.13 Prior to applying for any payment from the City, the Contractor shall submit a monthly projected/estimated payment schedule based on the detailed construction schedule and the Contract Price for the duration of the Contract."

3.19 GC 5.3 - PROGRESS PAYMENT

3.19.1 Amend subparagraph 5.3.1.2 by adding the following sentence at the end thereof:

"For clarity, the ten calendar day period referenced in this paragraph shall not commence until such time as the Consultant has determined that he has received from the Contractor all required documents supporting the invoice and evidencing the Work being invoiced, all to the Consultant's reasonable satisfaction."

3.19.2 Amend paragraph 5.3.1.3 by deleting the number "20" and replacing it with the number, "30", and by deleting everything after the word "after" and replacing it with the following:

"the Consultant and the Contractor have reached mutual agreement on the amount of the invoice evidencing the Work being invoiced with required supporting documents."

3.20 GC 5.4 – SUBSTANTIAL PERFORMANCE OF THE WORK

3.20.1 Delete paragraph 5.4.3 in its entirety and replace it with the following:

"Immediately prior to the issuance of the certificate of Substantial Performance of the Work, the Contractor, in consultation with the Consultant, shall establish a schedule for completion of the Work and cor rec t ing def ic ien t Work , and the construction schedule shall be deemed to be amended to include this completion schedule."

3.20.2 Add new paragraphs 5.4.4 and 5.4.5:

"5.4.4 Prior to submitting its written application for Substantial Performance of the Work, the Contractor shall submit to the Consultant all:

.1 guarantees;

.2 warranties, completed as per paragraph 12.3.6;

.3 certificates;

.4 testing and balancing reports;

.5 distribution system diagrams;

.6 spare parts;

.7 maintenance/operation manuals;

.8 training manuals;

.9 samples;

.10 reports and correspondence from authorities having jurisdiction in the Place of the Work;

.11 Shop Drawings, and marked up Drawings;


Page 5-2.156 of 227


.12 completed as-built drawings in the latest edition of a Computer Assisted Design Drawing software program;

.13 inspection certificates;

and other materials or documentation required to be submitted under the Contract, together with written proof acceptable to the Owner and the Consultant that the Work has been substantially performed in conformance with the requirements of municipal, governmental and utility authorities having jurisdiction in the Place of the Work.

5.4.5 Where the Contractor is unable to deliver the documents and materials described in paragraph

5.4.4, then, provided that none of the missing documents and materials interferes with the use and occupancy of the Project in a material way, and except as described herein, the failure to deliver shall not be grounds for the Consultant to refuse to certify Substantial Performance of the Work. However, certification of Substantial Performance of the Work ma y be withheld if the Contractor f a i l s to deliver maintenance manuals, as required in paragraph 5.4.4.7, o r completed a s -built drawings, as required in subparagraph 5.4.5.12. Any documents or materials not delivered in accordance with paragraph 5.4.5 shall be delivered as provided in paragraph 5.7.1.2 of GC 5.7."

3.21 GC 5.5 - PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK

3.21.1 Amend paragraph 5.5.1.2 by adding the following at the end thereof:

"The Substantial Performance Statutory Holdback Release Payment Certificate will be a payment certificate releasing to the Contractor the statutory holdback due in respect of Work performed up to the date of Substantial Performance of the Work. 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 satisfactory certificate of clearance from the WSIB; a Release and Waiver in a form acceptable to the City; and proof of publication of the Certificate of Substantial Performance."

3.21.2 Amend paragraph 5.5.2 by deleting from line 1, the words, "the statement" and replacing them with the words, "the documents".

3.21.3 Delete paragraph 5.5.3 in its entirety.

3.21.4 Amend paragraph 5.5.4 by deleting the last sentence and replacing it with the following: "In accordance with the Construction Lien Act, the Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work and, the Owner acting reasonably, may retain any amounts in respect of claims of third parties made to the Owner in respect of the Contract or the Work, and in respect of any claims the Owner may have against the Contractor."

3.22 GC 5.6 - PROGRESSIVE RELEASE OF HOLDBACK

3.22.1 Amend paragraph 5.6.1 by deleting the period at the end of the first sentence and substituting ",subject to, and in accordance with, the terms of this GC 5.6." and by deleting the last sentence thereof and by adding the following as paragraphs 5.6.1.1, and 5.6.1.2:

"5.6.1.1 The holdback in respect of a subcontract shall be released 46 days after the date the subcontract is certified complete , provided the Contractor submits the following to the Consultant:

(a) a document satisfactory to the Consultant that will release the Owner from all further claims relating to the subcontract, qualified by stated exceptions such as holdback monies;


Page 5-2.157 of 227


(b) evidence satisfactory to the Consultant 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 to the Subcontractor from the Contractor."

5.6.1.2 The Owner may retain out of the holdback amount any sums required by law to satisfy any liens against the Work and any amounts in respect of claims of third parties made to the City in respect of the Contract or the Work. "

3.23 GC 5.7 - FINAL PAYMENT

3.23.1 Amend paragraph 5.7.1 by renumbering it as 5.7.1.1 and adding the following subparagraph as 5.7.1.2,.

"5.7.1.2 The Contractor’s application for final payment shall be accompanied by any documents or materials not yet delivered pursuant to paragraph 5.4.4. The Work shall be deemed not to be performed until all of the aforementioned documents have been delivered, and the Owner may withhold payment in respect of the delivery of any documents in an amount determined by the Consultant in accordance with the provisions of GC 5.8 WITHHOLDING OF PAYMENT."

3.23.2 Amend paragraph 5.7.4 by deleting the number, "5" and replacing it with "45".

3.24 GC 6.2 - CHANGE ORDER

3.24.1 Add new paragraphs 6.2.3 and 6.2.4 as follows:

"6.2.3 Work on a Lump Sum Basis

6.2.3.1 Any agreement reached by the Owner and Contractor on an adjustment of the Contract Price on either a lump-sum or unit price basis shall be subject to the conditions contained in this paragraph 6.2.3.

6.2.3.2 Where a change in the Work, is performed by the Contractor’s own forces, the negotiated lump sum price for change in the Work, or negotiated unit price(s) for each unit priced item shall be all-inclusive, except HST and mark-up as provided hereafter, and shall include, without limitation, all costs, charges, expenses and fees whatsoever required or related to perform such change, or such unit priced item. The Contractor shall be allowed a mark-up to a maximum amount of 15% of the lump sum price, or aggregate of unit items and applicable unit price(s), for such change, net of taxes on the first $100,000 and 10% thereafter. The Contractor shall provide a written quotation identifying each amount to be charged for transportation, labour, Product, Construction Equipment and services and all other costs for the performance of the Work. The HST, as applicable, shall be identified separately in a manner satisfactory to the Owner.

6.2.3.3 Where a change in the Work is performed by a Subcontractor’s forces, the Subcontractor’s lump sum price for change in the Work, or unit price (s) for each unit priced item shall be all-inclusive, except HST and mark-up as provided hereafter, and shall include all of its costs, charges, expenses and fees whatsoever required or related to perform such change, or such unit priced item. The Contractor shall provide a written quotation with back-up documentation from the Subcontractor identifying each amount to be charged for transportation, labour, Product, Construction Equipment and services and all other costs for the performance of the Work and the total price charged by the Subcontractor. The Subcontractor shall be allowed a mark-up to a maximum amount of 15% of the lump sum price, or aggregate of unit items and applicable unit price(s), for such change, net of taxes on the first $100,000 and 10% thereafter. The Contractor is allowed a maximum mark-up of 10% on the total price charged by the Subcontractor to the


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Contractor for such change, net of taxes and Subcontractor mark-up. The HST, as applicable, shall be identified separately in a manner satisfactory to the Owner.

6.2.3.4 In the event any of the change in the Work, contains items or parts that, in the opinion of the Consultant, are the same or equivalent to items for which the Contractor submitted unit prices in the tender submitted by the Contractor, then the prices in the tender shall be the prices paid by the Owner for that work or parts of the work in respect of any such change in the Work.

6.2.3.5 Where a change in the Work is performed either by the Contractor or a Subcontractor, and requires Construction Equipment, reasonable rental charges for Construction Equipment, such as tractors, bulldozers, ditching machines, air compressors, compactors, concrete mixers and graders, for the actual time required in operation for the performance of the Work must be agreed upon before commencing the Work.

6.2.3.6 The mark-ups provided for in paragraph 6.2.3.2 and 6.2.3.3 shall constitute the only compensation the Contractor shall be entitled to for any and all overhead, profit, incidental and administrative costs whatsoever related to the change, including but not limited to, costs relating to superintendence and supervision, shop drawing production, estimating, site office and home office expenses, workers tools, temporary facilities and controls, and coordination of any and all Work-related activities.

6.2.3.7 No claim whatsoever for a change in the Contract Time, delay, prolongation charges, remobilization or otherwise shall be permitted with respect to a change, unless first authorized by the Consultant and approved by the Consultant and set out in the Change Order or Change Directive, as the case may be, by the Owner.

6.2.3.8 No compensation for any change in the Work shall be allowed unless such change is first ordered in writing by the Consultant and authorized by the Owner.

6.2.4 Work on a Time and Material Basis

6.2.4.1 Where agreement is not reached on a lump-sum or unit price basis for a change in the Contract Price arising out of a change in the Work, the Owner may choose to issue a Change Order for Work on a Time and Material Basis, in which case the following provisions in this section 6.2.4 shall apply:

6.2.4.2 For the purposes of this paragraph 6.2.4, the following definitions apply:

Cost of Labour: means the amount of wages, salary, travel, travel time, food, lodging or similar items 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 or 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 Construction Equipment.

Cost of Product: means the cost of Product purchased, or supplied from stock, and valued at current market prices, for the purpose of carrying out extra Work, 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 Construction Equipment: means rented Construction Equipment for which an operator is provided by the supplier of the Construction 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.


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Rented Equipment: means Construction Equipment that is rented or leased for the special purpose of Work on a Time and Material Basis from a person, firm or corporation that is not an associate of the lessee as defined by the Securities Act, R.S.O. 1990, Chapter c.S.5, as amended, and is approved by the Consultant.

Road Work: means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures.

Sewer and Watermain Work: means the preparation, construction, finishing and construction maintenance of sewer systems and watermain systems, and includes all work incidental thereto other than work on structures.

Standby Time: means any period of time which is not considered Working Time and which together with the Working Time does not exceed 10 hours in any one Working Day and during which time a unit of Construction Equipment cannot practically be used on other work but must remain on the site in order to continue with its assigned task and during which time the unit is in fully operable condition.

Structure Work: means the construction, reconstruction, repair, alteration, remodelling, renovation or demolition of any bridge, building, tunnel or retaining wall and includes the preparation for and the laying of the foundation of any bridge, building, tunnel or retaining wall and the installation of equipment and appurtenances incidental thereto.

The 127 Rate: means the rate for a unit of Construction Equipment as listed in OPSS 127, Schedule of Rental Rates for Construction Equipment Including Model and Specification Reference, which is current at the time the Work is carried out or for Construction Equipment which is not so listed, the rate which has been calculated by the Owner, using the same principles as used in determining The 127 Rates.

Work on a Time and Material Basis: means changes in the Work approved by the Consultant 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.

Working Time: means each period of time during which a unit of Construction Equipment is actively and of necessity engaged on a specific operation and the first 2 hours of each immediately following period during which the 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.

6.2.4.3 Daily Work Records prepared as the case may be by either the Contractor's representative or the Consultant and reporting the labour and Construction Equipment employed and the Product used for Work on a Time and Material Basis, shall be reconciled and signed each day by both the Contractor's representative and the Consultant.

6.2.4.4 Payment as herein provided shall be full compensation for all labour, Construction Equipment and Product 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 Consultant.

6.2.4.5 The Owner will 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.

6.2.4.6 The Owner will make payment in respect of Payroll Burden for Work on a Time and Material Basis at the Contractor’s actual cost of Payroll Burden.


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6.2.4.7 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 a Time and Material Basis.

6.2.4.8 The Owner will pay the Contractor for Product used on each time and material project at 120% of the Cost of Product up to $3,000, then at 115% of any portion of the Cost of Product in excess of $3,000.

6.2.4.9 The Owner will pay the Contractor for the Working Time of all Construction Equipment other than rented Construction Equipment and Operated Rented Construction 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.

6.2.4.10 The Owner will 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 Consultant up to a maximum of 110% of the 127 Rate. This constraint will be waived when the Consultant approves the invoice price prior to the use of the Rented Equipment.

6.2.4.11 The Owner will pay the Contractor for the Working Time of Operated Rented Construction Equipment used on the Work on a Time and Material Basis at 110% of the Operated Rented Construction Equipment invoice price approved by the Consultant prior to the use of the Construction Equipment on the Work on a Time and Material Basis.

6.2.4.12 The Owner will pay the Contractor for Standby Time of Construction Equipment at 35% of the 127 Rate or 35% of the invoice price whichever is appropriate. The Owner will pay reasonable costs for Rented Equipment where this is necessarily retained in the Place of the Work for extended periods agreed to by the Consultant. This will 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.

6.2.4.13 In addition, the Owner will include the Cost of Labour of operators or associated labourers who cannot be otherwise employed during the standby period or during the period of idleness caused by the circumstances giving rise to the Work on a Time and Material Basis.

6.2.4.14 Rented Equipment idled by the circumstances giving rise to the Work on Time and Material Basis to be returned to the lessor until the work requiring the Rented Equipment can be resumed. The Owner will pay such costs as result directly from such return.

6.2.4.15 When Construction Equipment is transported, solely for the purpose of the Work on a Time and Material Basis, to or from the Place of the Work, payment will be made by the Owner only in respect of the transporting units. When Construction Equipment is moved under its own power it shall be deemed to be working. Construction Equipment rates shall be subject to the approval of the Consultant.

6.2.4.16 Notwithstanding any other provision of this Section, no payment shall be made to the Contractor for or in respect of hand tools or equipment that are tools of the trade.

6.2.4.17 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.


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6.2.4.18 No further markup will 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 will be applied.

6.2.4.19 At the start of the Work on a Time and Material Basis, the Contractor shall provide the applicable labour and Construction Equipment rates not already submitted to the Consultant during the course of such work.

6.2.4.20 Separate summaries shall be completed by the Contractor according to the standard form “Summary for Payment of Accounts on a Time and Material Basis”. Each summary shall include the order number and covering dates of the Work and shall itemize separately labour, Product and Construction Equipment. Invoices for Product, Rented Construction Equipment and other charges incurred by the Contractor on the Work on a Time and Material Basis shall be included with each summary.

6.2.4.21 Each month the Consultant will 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.

6.2.4.22 The final "Summary for Payment of Accounts on a Time and Material Basis" shall be submitted by the Contractor within 60 days after the completion of the Work on a Time and Material Basis."

3.25 GC 6.3 - CHANGE DIRECTIVE

3.25.1 Delete paragraph 6.3.7.1 in its entirety and replace it with the following:

".1 salaries, wages and benefits paid to personnel in the direct employ of the Contractor, applying the labour rates set out in the wage schedule in the Contract Documents or as otherwise agreed between the Owner and Contractor for personnel,

(1) carrying out the Work, including necessary supervisory services;

(2) engaged in expediting the production or transportation of material or equipment, at shops or on the road;

(3) engaged in the preparation of Shop Drawings, fabrication drawings, coordination drawings and Contract as-built drawings, or,

(4) including clerical staff engaged in processing changes in the Work."

3.25.2 Amend paragraph 6.3.8 by adding the words "except for paragraph 6.3.14" after the word "Contract" in the first line.

3.25.3 Add new paragraph 6.3.14 as follows:

"6.3.14 For greater certainty, and without limitation, the cost of performing the Work attributable to the Change Directive does not include, and no payment shall be made for:

.1 head office salaries and benefits and all other overhead or general expenses, except only for the salaries, wages and benefits of personnel described in paragraph 6.3.7.1 and the contributions, assessments or taxes referred to in paragraphs 6.3.7.2;

.2 capital expenses and interest on capital;

.3 general clean-up, except where the performance of the Work in the Change Directive causes specific additional clean-up requirements;


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.4 wages paid for project managers, superintendents, assistants, watch persons and administrative personnel, provided the Change Directive does not result in an extension of Contract Time;

.5 wages, salaries, rentals, or other expenses that exceed the rates that are standard in the locality of the Place of the Work that are otherwise deemed unreasonable by the Consultant;

.6 any costs or expenses attributable to the negligence, improper Work, deficiencies, or breaches of Contract by the Contractor or Subcontractor;

.7 any cost of quality assurance, such as inspection and testing services, charges levied by authorities, and any legal fees unless any such costs or fees are pre-approved in writing by the Owner."

3.26 GC 6.5 - DELAYS

3.26.1 Amend paragraphs 6.5.1, and 6.5.2 by deleting the period at the end of each paragraph, and substituting the following words, ", but excluding any consequential, indirect or special damages, loss of profit, loss of opportunity or loss of productivity resulting from such delay."

3.26.2 Add new subparagraphs 6.5.6, 6.5.7, 6.5.8 and 6.5.9 as follows:

"6.5.6 If the Contractor is delayed in the performance of the Work by an act or omission of the Contractor or anyone employed or engaged by the Contractor directly or indirectly, or by any cause within the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Owner shall be reimbursed by the Contractor for all reasonable costs incurred by the Owner as the result of such delay, including all services required by the Owner from the Consultant as a result of such delay by the Contractor and, in particular, the cost of the Consultant's services during the period between the date of Substantial Performance of the Work stated in Article A-1 herein as the same may be extended through the provisions of these General Conditions and any later, actual date of Substantial Performance of the Work achieved by the Contractor.

6.5.7 The Contractor shall be responsible for the care, maintenance and protection of the Work in the event of any suspension of construction as a result of the delay described in paragraphs 6.5.1, 6.5.2 or 6.5.3. In the event of such suspension, the Contractor shall be reimbursed by the Owner for the reasonable costs incurred by the Contractor for such care, maintenance and protection, but excluding the costs of the Contractor's head office personnel. The Contractor's entitlement to costs pursuant to this paragraph 6.5.7, if any, shall be in addition to amounts, if any, to which the Contractor is entitled pursuant to paragraphs 6.5.1, 6.5.2 or 6.5.3.

6.5.8 Without limiting the obligations of the Contractor described in GC 3.2 – CONSTRUCTION BY OWNER OR OTHER CONTRACTORS and GC 9.4 – CONSTRUCTION SAFETY, the Owner may, by Notice in Writing, direct the Contractor to stop the Work where the Owner determines that there is an imminent risk to the safety of persons or property at the Place of the Work. In the event that the Contractor receives such notice, it shall immediately stop the Work and secure the Project site. The Contractor shall not be entitled to an extension of the Contract Time or to an increase in the Contract Price unless the resulting delay, if any, would entitle the Contractor to an extension of the Contract Time or the reimbursement of the Contractor's costs as provided in paragraphs 6.5.1, 6.5.2 or 6.5.3.

6.5.9 The Contractor recognizes and agrees that the Owner will suffer financial loss if the Work is not completed within the time specified in the Contract. The Contractor also recognizes the delays, expenses and difficulties involved in proving the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Contractor agrees that as liquidated damages for delay (but not as penalty) the Contractor shall pay to the Owner, as liquidated damages, an amount per day, as designated in the Specific Conditions of Contract for each and every day’s delay from the specified time for completion of the Work until actual completion of the Work, and it is further expressly acknowledged and agreed by the Contractor that:


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(a) this amount is a reasonable estimate of the actual damage that will be incurred by the Owner due to any failure to complete the Work within the time required by this Contract;

(b) the Owner may deduct the amount due under this section from any monies that may be due or payable to the Contractor, whether under this Contract or any other agreement;

(c) the liquidated damages provided for in this section shall be without prejudice to any other remedy to which the Owner is entitled at law or in equity."

3.27 GC 6.6 CLAIMS FOR CHANGE IN CONTRACT PRICE

3.27.1 GC 6.6.1 - 6.6.6 are deleted in their entirety and replaced with the following:

"6.6.1 Claims for a change in the Contract Price shall be determined in accordance with GC 8, as amended."

3.28 GC 7.1 - OWNER'S RIGHT TO PERFORM THE WORK, STOP THE WORK, OR TERMINATE THE CONTRACT

3.28.1 Amend paragraph 7.1.2 by adding the following sentence to the end:

"Failure by the Owner to provide such notice shortly after the default has occurred shall not constitute condonation of the default."

3.28.2 Add a new paragraph 7.1.5.5 as follows:

".5 charge the Contractor for any damages the Owner may have sustained as a result of the default."

3.29 GC 7.2 - CONTRACTOR'S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT

3.29.1 Delete paragraphs 7.2.1, and 7.2.3.1 in their entirety.

3.29.2 In paragraph 7.2.2, insert the words "other than the City of Toronto" after the words "public authority" in the second line.

3.29.3 Delete subparagraph 7.2.3.4 and replace it with the following:

".4 the Owner violates the requirements of the Contract to a substantial degree"


"7.2.5 If the default cannot be corrected within the 5 Working Days specified in paragraph 7.2.4, the Owner shall be deemed to have cured the default if it

.1 commences the correction of the default within the specified time; and

.2 provides the Contractor with an acceptable schedule for such correction; and

.3 completes the correction in accordance with such schedule."

3.29.5 Add new paragraph 7.2.6:

"7.2.6 If the Contractor terminates the Contract under the conditions described in this GC 7.2, the Contractor shall be entitled to be paid for all Work performed to the date of termination. The Contractor


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shall also be entitled to recover the direct costs associated with termination, including the costs of demobilization, losses sustained on Products and Construction Equipment. The Contractor shall not be entitled to any recovery for special, indirect or consequential losses, or loss of use."

3.30 GC 8.0 – DISPUTE RESOLUTION

3.30.1 Delete Part 8 in its entirety and replace it with the following:

"8.0 DISPUTE RESOLUTION

8.1.1 Continuance of the Work

Unless the Contract has 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.

8.1.2 Record Keeping

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 Consultant shall keep Daily Work Records to be used in assessing the Contractor's claim, all records to be in accordance with the requirements of the Contract.

8.1.3 The Contractor and the Consultant 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 Consultant 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.

8.1.4 The keeping of Daily Work Records by the Consultant or the reconciling of such Daily Work Records with those of the Contractor shall not be construed to be acceptance of the claim.

8.2 Claims Procedure

8.2.1 The Contractor shall give verbal notice to the Consultant of any situation which may lead to a claim for additional payment immediately upon becoming aware of the situation and shall provide written notice to the Consultant 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.

8.2.2 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 Consultant.

8.2.3 Within 30 days of the receipt of the Contractor’s detailed claim, the Consultant may request the Contractor to submit any further and other particulars as the Consultant considers necessary to


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assess the claim. The Contractor shall submit the requested information within 30 days of receipt of such request.

8.2.4 Within 90 days of receipt of the detailed claim, the Owner, or if authorized by the Owner, the Consultant, shall advise the Contractor, in writing, of the Owner’s opinion with regard to the validity of the claim.

8.3 Negotiations

8.3.1 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.

8.3.2 Should the Contractor disagree with the opinion given in paragraph 8.2.4, with respect to any part of the claim, the Consultant shall enter into negotiations with the Contractor to resolve the matters in dispute. Negotiation shall occur on three levels; first, with the Consultant, second, with the Owner’s Manager level, and third, with the Owner’s Director, General Manager or Executive Director level. Corresponding level shall be involved in the discussions on behalf of the Contractor. Any agreement reached with the Consultant 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.

8.3.3 Discussions with the Consultant 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 8.2.4. Manager level discussion shall be completed as soon as possible following failed discussions with the Consultant, 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.

8.3.4 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 Consultant shall notify the other properly in writing if he or she wishes to pursue an issue to the next level of negotiation.

8.3.5 Where a negotiated settlement cannot be reached, or it is agreed that payment cannot be made in accordance with paragraph 6.2.3 or paragraph 6.2.4, the parties may, upon mutual agreement, proceed in accordance with clause paragraph 8.4, Mediation.

8.4 Mediation

8.4.1 If a claim is not resolved satisfactorily through the negotiation process in paragraph 8.3, and the Contractor wishes to pursue the issue further, the parties may, upon mutual agreement, utilize the services of an independent third party mediator.

8.4.2 The mediator shall be mutually agreed upon by the Owner and Contractor.

8.4.3 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.

8.4.4 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.


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8.5 Payment

8.5.1 Payment of the claim shall be made no later than 30 days after the date of resolution of the claim or dispute. Such payment shall be made according to the terms of Part 5, Payment.

8.6 Rights of Both Parties

8.6.1 Unless the parties agree otherwise, no action taken under paragraphs 8.1 to 8.6, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties.

8.7 Arbitration

8.7.1 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 8.7. Notwithstanding this, in the case of claims for amounts less than $150,000, exclusive of H.S.T., the provisions of subsection GC 8.7 to 8.11, 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.

8.7.2 If the Parties engage in arbitration to resolve the issue, notification to that effect shall be communicated in writing to the Consultant within 30 days of completing the negotiations referred in paragraph 8.3, or, if the parties proceed to mediation under paragraph 8.4, within 30 days of completing that mediation.

8.7.3 The parties shall be bound by the decision of the arbitrator.

8.7.4 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 paragraphs 8.7 to 8.11.

8.8 Arbitration Procedure

8.8.1 The following provisions are to be included in the agreement to arbitrate:

.1 All existing actions in respect of the matters under arbitration shall be stayed pending arbitration;

.2 All then unresolved claims and matters to be settled are to be set out in a schedule to the agreement. Only such claims and matters as are in the schedule shall be arbitrated; and

.3 Before proceeding with the arbitration, the Contractor shall confirm that all matters in dispute are set out in the schedule.

8.9 Appointment of Arbitrator

8.9.1 The arbitrator shall be mutually agreed upon by the Owner and Contractor to adjudicate the dispute.

8.9.2 Where the Owner and Contractor cannot agree on a sole arbitrator within 30 days of the notification of arbitration noted in paragraph GC 8.7.2, the Owner and the Contractor shall each chose an appointee with 37 days of the notice of arbitration.


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8.9.3 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.

8.9.4 The arbitrator shall not be interested financially in the Contract nor in either party’s business and shall not be employed by either party.

8.9.5 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.

8.9.6 The hearing shall commence within 90 days of the appointment of the arbitrator.

8.10 Costs

8.10.1 The arbitrator’s fee shall be equally shared by the Owner and the Contractor.

8.10.2 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.

8.10.3 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.

8.10.4 The arbitrator may, in his or her discretion, award reasonable costs, related to the arbitration.

8.11 The Decision

8.11 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 Part 5, Payment."

3.31 GC 9.1 - PROTECTION OF WORK AND PROPERTY

3.31.1 Delete subparagraph 9.1.1.1 in its entirety and replace it with new subparagraph 9.1.1.1:

"9.1.1.1 errors in the Contract Documents which the Contractor could not have discovered applying the standard of care described in GC 3.14 STANDARD OF CARE."

3.31.2 Amend paragraph 9.1.1.2 by adding the word, "negligent" at the beginning thereof.

3.31.3 Add new paragraphs 9.1.5 and 9.1.6 as follows:

"9.1.5 Without in any way limiting the Contractor's obligations under this GC 9.1, should the Contractor or any Subcontractor or Supplier cause loss or damage to trees or other plantings, whether owned by the Owner or third parties, the Contractor shall be liable for the replacement cost of the trees or other plantings damaged, including the cost of any arborist or other Consultant, and such costs may be deducted by the Owner from amounts otherwise owing to the Contractor.

9.1.6 The Contractor shall neither undertake to repair and/or replace any damage whatsoever to the Work of other Contractors, or to adjoining property, nor acknowledge the same was caused or occasioned by the Contractor, without first consulting the Owner and receiving written instructions as to the course of action


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to be followed from either the Owner or the Consultant. However, where there is danger to life or public safety, the Contractor shall take such emergency action as it deems necessary to remove the danger."

3.32 GC 9.4 - CONSTRUCTION SAFETY

3.32.1 Delete paragraph 9.4.1 in its entirety and substitute new paragraph 9.4.1:

"9.4.1 The Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction health and safety legislation and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work."

3.32.2 Add new paragraphs 9.4.2, 9.4.3 and 9.4.4:

"9.4.2 Prior to the commencement of the Work, the Contractor shall submit to the Owner:

.1 a current WSIB clearance certificate;

.2 documentation of the Contractor’s in-house safety-related programs;

.3 a copy of the Notice of Project filed with the Ministry of Labour naming itself as “constructor” under OHSA

9.4.3 The Contractor shall indemnify and save harmless the Owner, its agents, officers, directors, employees, consultants, successors and assigns from and against the consequences of any and all safety infractions committed by the Contractor under OHSA, including the payment of legal fees and disbursements on a solicitor and client basis. Such indemnity shall apply to the extent to which the Owner is not covered by insurance, provided that the indemnity contained in this paragraph shall be limited to costs and damages resulting directly from such infractions and shall not extend to any consequential, indirect or special damages.

9.4.4 The Owner undertakes to include in its contracts with other contractors and/or in its instructions to its own forces the requirement that the other contractor or own forces, as the case may be, will comply with directions and instructions from the Contractor with respect to occupational health and safety and related matters."

3.33 GC 10.1 - TAXES AND DUTIES

3.33.1 Add the following to the end of paragraph 10.1.1:

"Any Value Added Taxes (including Harmonized Sales Tax), where applicable, shall be listed as line items separate from the total Contract Price."


"Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties at the time of the bid closing shall increase or decrease the Contract Price accordingly. For greater certainty, the Contractor shall not be entitled to any mark-up for overhead or profit on any increase in such taxes and duties."

3.33.3 Add new paragraphs 10.1.3, 10.1.4, 10.1.5, and 10.1.6, as follows:

"10.1.3 Where the Owner is entitled to an exemption or a recovery of sales taxes, customs duties, excise taxes or Value Added Taxes applicable to the Contract, the Contractor shall, at the request of the Owner or the Owner's representative, assist with the application for any exemption, recovery or refund of all such


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taxes and duties and all amounts recovered or exemptions obtained shall be for the sole benefit of the Owner. The Contractor agrees to endorse over to the Owner any cheques received from the Federal or provincial governments, or any other taxing authority, as may be required to give effect to this paragraph.

10.1.4 The Contractor shall maintain accurate records of Construction Equipment, Product and component costs reflecting the taxes, customs duties, excise taxes and Value Added Taxes paid.

10.1.5 Any refund of taxes, including, without limitation, any government sales tax, customs duty, excise tax or Value Added Tax, whether or not paid, which is found to be inapplicable or for which exemption may be obtained, is the sole and exclusive property of the Owner. The Contractor agrees to cooperate with the Owner and to obtain from all Subcontractors and Suppliers cooperation with the Owner in the application for any refund of any taxes, which cooperation shall include but not be limited to, making or concurring in the making of an application for any such refund or exemption, and providing to the Owner copies, or where required, originals of records, invoices, purchase orders and other documentation necessary to support such applications or exemptions or refunds. All such refunds shall either be paid to the Owner, or shall be a credit to the Owner against the Contract Price, in the Owner's discretion. The Contractor agrees to enable, assist with and submit to any reasonable audit requested by the Owner with respect the potential refunds under this paragraph.

10.1.6 Customs duties penalties, or any other penalty, fine or assessment levied against the Contractor, shall not be treated as a tax or customs duty for the purpose of this GC 10.1"

3.34 GC 10.2 LAWS, NOTICES, PERMITS, AND FEES

3.34.1 Add to the end of paragraph 10.2.4, the following:

"The Contractor shall notify the Chief Building Official or the registered code agency where applicable, of the readiness, substantial completion, and completion of the stages of construction set out in the Ontario Building Code. The Contractor shall be present at each site inspection by an inspector or registered code agency as applicable under the Ontario Building Code."


"10.2.6 If the Contractor fails to notify the Owner and the Consultant in writing, fails to obtain direction as required in paragraph 10.2.5, and/or performs work that it knows or ought to have known that contravenes any laws, ordinances, guidelines, standards, permits, statutes, by-laws, rules, regulations, or codes, the Contractor shall be responsible for and shall correct the violations thereof, and shall bear the costs, expenses, and damages attributable to the failure to comply with the provisions of such laws, ordinances, guidelines, standards, permits, statutes, by-laws, rules, regulations, or codes, and, notwithstanding any limitations described in paragraph 12.1.1, shall indemnify and hold harmless the Owner and the Consultant from and against any claims, demands, losses, costs, damages, actions, suits or proceedings resulting from such failure or breach of law."

3.34.3 Add a new paragraph 10.2.8 as follows:

"10.2.8 Without limiting the generality of any other provision in the Contract Documents, the Contractor shall cause all certificates to be furnished that are required or given by the appropriate governmental or quasi-governmental authorities as evidence that the Work as installed conforms with the laws and regulations of any authorities having jurisdiction over the Place of the Work, including, without limitation, certificates of compliance for the Owner’s occupancy or partial occupancy. The certificates are to be final certificates giving complete clearance of the Work, in the event that such governmental or quasi-governmental authorities furnish such certificates."


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3.35 GC 10.3 PATENT FEES

3.35.1 Amend paragraph 10.3.1 by adding the words, "indemnify and" before the words, "hold the", in the second line.

3.35.2 In paragraph 10.3.2, add the words, "by the Owner", after the words, "supplied to the Contractor"

3.36 11.1 INSURANCE

3.36.1 Delete paragraph 11.1 in its entirely and replace it with the following:

"11.1 INSURANCE

11.1.1 Without restricting the generality of paragraph 12, Indemnification, the Contractor shall provide, maintain and pay for the insurance coverages listed in this General Condition under paragraphs 11.1.2, 11.1.3,11.1.4, and 11.1.5. Insurance coverage in paragraphs 11.1.6, and 11.1.7 will only apply when so specified in the Contract Documents.

11.1.2 Commercial General Liability Insurance

.1 Commercial General Liability Insurance shall provide that the policy:

a) is in the amount of Five Million Dollars ($5,000,000), per occurrence;

b) includes the Owner (City of Toronto), its Boards, Agencies and Commissions and subsidiary operations, as applicable, and the Consultant as additional insureds with respect to liability arising out of the operation of the insured for which a contract is issued by the Owner; and,

c) has provision for a cross liability and/or severability of interest, contractual liability, Owner's and Contractor's protective liability, broad form property damage, contingent/and or employer's liability, products and completed operations, non owned automobile liability and, if applicable to the insured operations as detailed in the Contract Documents, coverage for blasting, pile driving and collapse.

.2 The Contractor shall maintain in force such policies of insurance specified by the Contract Documents at all times from the commencement of the Work until the end of any Warranty Period set out in these General Conditions of Contract or as otherwise required by the Contract Documents.

.3 The Contractor shall maintain completed operations coverage for a period of six (6) years from Substantial Performance of the Contract, unless otherwise indicated in the Contract Documents. On an annual basis the contractor shall submit to the City a renewal Certificate or a replacement policy prior to the expiration date of the existing policy without notice or demand by the City. If the Contractor fails to do so, any limitation period for claiming indemnity described in the Contract Documents will not be binding on the Owner.

.4 "Claims Made" insurance policies will not be permitted.

11.1.3 All Risk Property Insurance (Builders' Risk or Installation Floater)

.1 The Contractor shall provide, maintain and pay for a policy of all risk property insurance. The policy shall be maintained from the commencement of Work until 10 days after Substantial Performance of the Work and shall be written on a replacement cost basis on all Products, supplies and equipment and/or systems, including boiler and machinery, if applicable, that forms part of the Work. The policy may be in the form of a Builder's Risk or Installation Floater, as appropriate to the Project. The Owner shall be included as an additional insured and a joint loss payee on the Builder's Risk Insurance Policy.


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11.1.4 Automobile Liability Insurance

.1 The Contractor shall provide, maintain and pay for a policy of automobile liability insurance in respect of all licensed owned/leased vehicles that will be utilized in the performance of the Work, unless otherwise required by the Contract Documents. This policy of automobile liability insurance shall have limits of not less than Two Million Dollars ($2,000,000).

11.1.5 Contractor's Equipment Insurance

.1 The Contractor shall provide, maintain and pay for a policy of all risks Contractor’s equipment insurance covering construction machinery and equipment used and owned by the Contractor for the performance of the Work, including boiler insurance on temporary boilers and pressure vessels. This policy shall be in a form acceptable to the Owner and shall not allow subrogation claims by the insurer against the Owner. Upon agreement of the Owner, approval may be provided to the Contractor to waive the equipment insurance requirement for the purpose of this Contract.

11.1.6 Contractor's Pollution Liability Insurance

.1 Where specified in the Contract Documents, the Contractor shall provide, maintain and pay for a policy of pollution liability insurance. The policy shall have a limit of not less than Two Million Dollars ($2,000,000) per claim limit. The policy shall cover third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from the Contractor’s operations and completed operations (i.e. Work performed). The policy shall be kept in force for 24 months from the date of Substantial Performance of the Work. The Owner shall be included as an additional insured on this policy.

11.1.7 Use and Occupancy of the Work Prior to Completion

.1 Should the Owner wish to use or occupy part or all of the Work prior to Substantial Performance of the Work, the Owner will give 30 days’ written notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain and pay for property and boiler insurance insuring the full value of the Work, including coverage for such use or occupancy, and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage.

.2 The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of both the Owner and the Contractor for the purpose of adjusting the amount of such loss or damage payment with the insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or damage as the Consultant may decide in consultation with the Contractor.

11.1.8 Payment for Loss or Damage

.1 The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been appraised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of Part 5.0. In addition the Contractor shall be entitled to receive from the payments made by the insurers the amount of the Contractor's interest in the restoration of the Work.


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.2 The Contractor shall be responsible for deductible amounts under the policies.

11.1.9 Insurance Requirements and Duration

.1 Unless specified otherwise, the duration of each insurance policy shall be from the date of commencement of the Work until 10 days after the date of final acceptance of the Work, as set out in the Final Acceptance Certificate.

.2 Prior to commencement of the Work and upon placement and at renewal, amendment or extension of all or any part of the insurance, the Contractor shall promptly provide the Owner with confirmation of coverage on the Owner’s certificate of insurance form or on a form acceptable to the Owner, without notice or demand by the Owner. The insurance documents shall be signed by the insurer or an authorized representative of the insurer.

.3 If the Owner receives notice of cancellation for nonpayment of the insurance premium, the Owner may, but is not obliged to, pay the premium of any policy of insurance required to be maintained herein and make a formal demand for reimbursement of such costs from the Contractor. If the Contractor fails to pay the cost of the insurance placed by the Owner within 15 days of the date on which the Owner made a formal demand for reimbursement of such costs, the Owner may deduct the costs thereof from monies which are due or may become due to the Contractor.

.4 The Contractor shall, on request, promptly provide the Owner with a certified true copy of each insurance policy exclusive of information pertaining to premium or premium bases used by the insurer to determine the cost of the insurance. The certified true copy shall include a signature of the insurer or the underwriter or the broker.

.5 All insurance policies taken out by the Contractor shall be placed with insurers licensed to write business in the Province of Ontario.

.6 The insurance policies required pursuant to this clause shall be primary and shall not call into contribution any insurance available to the Owner.

.7 The amount of the deductible for the purpose of this Contract shall not be more than $25,000.00.

.8 The Contractor shall maintain such forms of insurance as the Owner, acting reasonably, may require from time to time, in amounts and for risks against which a prudent Contractor would insure."

.9 Each policy (except for the policy of automobile insurance required under section 11.1.4) shall contain an endorsement requiring the insurer(s) to notify the City of Toronto in writing, by registered mail, at least thirty (30) days, (fifteen (15) days if cancellation is due to non-payment of premium), prior to any cancellation of the Contractor’s insurance."

3.37 GC 11.2 – CONTRACT SECURITY

3.37.1 Add new paragraph 11.2.3 as follows:

“11.2.3 The premiums for the bonds required by the Contract Documents are included in the Contract Price."

3.38 GC 12.1 - INDEMNIFICATION

3.38.1 Delete paragraphs 12.1.1 through 12.1.6 and replace them with the following:

"12.1.1 The Contractor shall indemnify and hold harmless the Owner and each of the Owner's elected officials, officers, employees and agents (hereinafter referred to collectively as the “Indemnitees”) from and


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against all claims, demands, actions, suits or proceedings which may be brought against or made by third parties, hereinafter called "claims", directly or indirectly arising or alleged to arise out of the performance of or the failure to perform any of its obligations under the Contract Documents.

12.1.2 The Contractor shall indemnify and hold harmless the Owner and the Indemnitees 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 Product furnished by the Contractor under the Contract.

12.1.3.1 The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, actions, suits or proceedings ("claims") in respect to claims 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.

12.1.3.2 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 Place of the Work. The Contractor expressly waives the right to indemnity for claims other than those stated above.

12.1.4 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 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 moneys payable 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 Consultant 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 Consultant, 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 Consultant 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 Contractor on any account whatever."

3.39 GC 12.2 - WAIVER OF CLAIMS

3.39.1 Amend paragraphs 12.2.1 through 12.2.10 as follows:

"GC 12.2 WAIVER OF CLAIMS

12.2.1 In the fourth line, add the words “claims for delay pursuant to GC 6.5 DELAYS, claims for an increase in the Contract Price, pursuant to GC 6.6 CLAIMS FOR A CHANGE IN THE CONTRACT PRICE” after the word “limitation”. Add the words “(collectively “Claims”)” after “Substantial Performance of the Work” in the sixth line.

12.2.1.1 Change the word “claims” to “Claims” and change the word “claim” to “Claim”.

12.2.1.2 Change the word “claims” to “Claims”.

12.2.1.3 Delete paragraph 12.2.1.3 in its entirety.


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12.2.1.4 Change the word “claims” to “Claims”.

12.2.2 Change the words “in paragraphs 12.2.1.2 and 12.2.1.3” to “in paragraph 12.2.1.2”. Change the word “claims” to “Claims” in both instances and change the word “claim” to “Claim”.

12.2.5 Delete the number "395" and substitute the number "760".

12.2.6 Change the word “claim” to “Claim” in all instances in the paragraph.

12.2.7 Change “The party” to “The Contractor". Change the word “claim” to “Claim” in all instances in the paragraph.

12.2.8 Change the word “claim” to “Claim” in all instances in the paragraph.



3.40 GC 12.3 – WARRANTY

3.40.1 Amend paragraph 12.3.1 by deleting the words, "one year", and replacing them with the words, "two years", and by adding the following at the end of the paragraph, "With respect to equipment installed at the request of the Owner, and successfully operating at its intended design capacity before completion of the work, the warranty period shall be two years from the date the equipment commenced its successful operations.

3.40.2 Amend paragraphs 12.3.3, 12.3.4, and 12.3.6 by deleting the words, "one year", and replacing them with the words, "two years".

3.40.3 Add the following clauses as 12.3.7, 12.3.8, and 12.3.9"

“12.3.7 Any Product or equipment requiring excessive servicing during the warranty period (or free maintenance period, if applicable) shall be considered defective and the warranty (or free maintenance period) shall be deemed to take effect from the time that the defect has been corrected so as to cause excessive servicing to terminate.

12.3.8 Following Substantial Performance of the Work, and without limiting the Contractor’s warranty under this GC 12.3, the Contractor shall assign to the Owner, to the extent assignable, the benefit of all warranties and guarantees relating to the Work. The assignment shall expressly reserve the right of the Contractor to make any claims under such warranties and guarantees and such assignment shall in no way prejudice any rights of or benefits accruing to the Contractor pursuant to such warranties and guarantees.

12.3.9 The provisions of the GC 12.3 – WARRANTY shall not deprive the Owner of any action, right or remedy otherwise available to the Owner for the Contractor’s failure to fulfill its obligations or responsibilities under the Contract and shall not be construed as a waiver of claims in favour of the Contractor or as a limitation on the time in which the Owner may pursue such other action, right or remedy. The warranties set out in the Contract are not supplemental to and do not limit or preclude the application of any other conditions and warranties, express or implied, by law or trade usage.”

PART 13 - OTHER PROVISIONS

3.41 Add New PART 13 As Follows:

"GC 13.1 - OWNERSHIP OF MATERIALS


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13.1.1 Unless otherwise specified, all materials existing at the Place of the Work at the time of execution of the Contract shall remain the property of the Owner. All Work and Products delivered to the Place of the Work by the Contractor shall be the property of the Owner. The Contractor shall remove all surplus or rejected materials as its property when notified in writing to do so by the Consultant.

GC 13.2 - CONSTRUCTION LIENS

13.2.1 In the event that a written notice of lien is delivered to the Owner in respect of the Project by or through a Subcontractor or Supplier, and provided the Owner has paid all amounts properly owing under the Contract, the Contractor, at its own expense and within ten (10) days, shall ensure that such written notice of lien is withdrawn in writing.

13.2.2 In the event that the Contractor fails to conform with the requirements of 13.2.1, the Owner may set off and deduct from any amount owing to the Contractor, all costs and associated expenses, including legal fees and disbursements reasonably incurred to secure a written withdrawal of the notice of lien. If there is no amount owing by the Owner to the Contractor, then the Contractor shall reimburse the Owner for all of the said costs and associated expenses.

GC 13.3 - CONTRACTOR DISCHARGE OF LIABILITIES

13.3.1 In addition to the obligations assumed by the Contractor pursuant to GC 3.7, the Contractor agrees to discharge all liabilities incurred by it for labour, materials, services, Subcontractors and Products, used or reasonably required for use in the performance of the Work, except for amounts withheld by reason of legitimate dispute and which have been identified to the party or parties, from whom payment has been withheld.

GC 13.4 – DAILY REPORTS/DAILY LOGS

13.4.1 The Contractor shall cause its supervisor or such competent person as it may delegate, to prepare a daily log or diary reporting on weather conditions, work force of the Contractor, Subcontractors, Suppliers and any other forces on site and also record the general nature of Project activities. Such log or diary shall also include any extraordinary or emergency events which may occur and also the identities of any persons who visit the site who are not part of the day-to-day work force.

13.4.2 The Contractor shall also maintain records, either at its head office or at the job site, recording manpower and material resourcing on the Project, including records which document the activities of the Contractor in connection with GC 3.5, and comparing that resourcing to the resourcing anticipated when the most recent version of the schedule was prepared pursuant to GC 3.5. The Contractor shall make these records available to the Owner and/or the Consultant for inspection, upon reasonable notice.

GC 13.5 - PUBLIC STATEMENTS

13.5.1 The Contractor shall not publish, issue or make any statements or news release, electronic or otherwise, concerning the Contract, the Work, or the Project, without the express written consent of the Owner."

GC 13.6 OWNER'S SET-OFF

13.6.1 In addition to and without limiting any other rights the Owner may have under this Contract and at law, the Owner may retain from monies owing to the Contractor under this Contract 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, undetermined claims by the Owner, and any assessment due the Workplace Safety and Insurance Board.

END OF SUPPLEMENTARY CONDITIONS


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Section 5A – Specific Conditions of Contract Tender Call No. 300-2015 Contract No. N/A

PMMD V 5.11b – February 9, 2015 Page 5A-1

Table of Contents Page No. 5A – 1. Specification Reference Numbers ......................................................................................... 2

2. Emergency During Construction ........................................................................................... 2

3. Workplace Safety And Insurance Act .................................................................................... 2

4. Occupational Health And Safety Act ..................................................................................... 2

5. Organization Of Work And Work Restrictions ....................................................................... 7

6. Other Contractors .................................................................................................................. 7

7. Contractor's Liability .............................................................................................................. 8

8. Property Survey .................................................................................................................... 8

9. Disposal Of Surplus Excavated Material And Removals....................................................... 8

10. Smog Alert Response Plans ................................................................................................. 8

11. Security ............................................................................................................................... 10

12. Material And Truck Weighing .............................................................................................. 10

13. Noise Regulations ............................................................................................................... 11

14. Fair Wage And Labour Trades Policy ................................................................................. 11

15. Liquidated Damages ........................................................................................................... 11

16. Spills Reporting ................................................................................................................... 12

17. Taxes .................................................................................................................................. 12

18. Insurance ............................................................................................................................ 12

19. Service Standards for Contractors in Responding to Third Party Claims ............................ 12

20. Contract Documents ........................................................................................................... 14

21. Order of Precedence ........................................................................................................... 14

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1. Specification Reference Numbers

All index and reference numbers in the Tender Submission Package, Plans and/or Specifications, or Index are given for the convenience of the Contractor and as 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, but the Contract as a whole must be fully read in detail for each item.

2. Emergency During Construction

The Contractor is requested to furnish the phone number and name of a representative who can be contacted on a 24 hour basis in case of emergency during construction, upon request by the Consultant after the award of the Contract. Those nominated shall have a cellular phone and/or pager to ensure that potential contact with them can be sustained over 24 hours, seven days a week throughout the duration of the Contract.

3. Workplace Safety And Insurance Act

Before commencing Work the Contractor shall provide the City with a valid clearance certificate from the Workplace Safety & Insurance Board (WSIB), and shall continue to provide valid clearance certificates from the WSIB for the duration of the Contract. Prior to the release of final monies owing by the City of Toronto, the Contractor will be required to produce a certificate issued by the Board to the effect that it has paid in full their assessment based on a true statement of the amount of payrolls. If such a certificate cannot be provided because the Contractor is considered by WSIB to be an independent operator without coverage, a letter to this effect from the WSIB shall be provided by the Contractor.

4. Occupational Health And Safety Act

4.1 Nothing in this section shall be deemed or construed as making the City the

"employer" of any workers employed or engaged by the Contractor to perform the Work and/or supply services to the project, including any part thereof, or the "constructor", either instead of or jointly with the Contractor. “Employer” and “constructor” shall have the same meaning as in section 1 of the Occupational Health and Safety Act, R.S.O. 1990, Chapter O.1, as amended from time to time, including any regulations thereunder and successor legislation (hereinafter collectively referred to as the “OHSA”).

4.2 Unless specifically advised otherwise in writing by the Consultant or otherwise

directed by the Ministry of Labour, where the Work consists of or includes construction, the Contractor shall for the purposes of the OHSA be deemed, construed and designated as the "constructor" for the project comprising the Work and shall:

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(a) assume all of the responsibilities of that constructor as set out in the OHSA and its regulations including, without restricting the generality of the foregoing, (i) registration as a constructor with the Director of the Construction

Health and Safety Branch in accordance with the OHSA and, in particular section 5 of Regulation 213/91 or any successor provision;

(ii) posting/compliance with any applicable notice-filing and notice-posting/availability requirements of the OHSA and, in particular section 6 of Regulation 213/91 under or any successor provision;

(b) provide the City with adequate written proof of the registration referred to in subsection (a) (i) of this section before commencing the Work; and

(c) where the notice requirements referred to in subsection (a) (ii) of this section are applicable, provide a copy of such notice to the City concurrently with the filing thereof pursuant to the OHSA.

4.3 In accordance with the OHSA, as amended, a list of designated substances

found at the project site is appended to hereto under Section 4 – Scope of Work and forms part of this Contract.

4.4 The Contractor shall ensure that each prospective subcontractor engaged by the

Contractor for the project has received a copy of the list of designated substances that are present at the site, provided to the Contractor by the City, before each prospective subcontractor enters into a binding contract for the supply of Work on the project, and the Contractor shall perform all other obligations as the constructor under the Contract and for the project.

4.5 The Contractor shall conform to and enforce strict compliance with the OHSA

including, without restricting the generality of the foregoing, the Contractor's duties and obligations as an "employer" under section 25 and 26 thereof, and OHSA regulations with respect to construction, designated substances and asbestos. “Designated substance” and “hazardous material” shall have the same meaning as in the OHSA.

4.6 The Contractor shall:

(a) ensure that no work will commence, and that those engaged by the

Contractor are aware of and comply with the requirements of the OHSA and shall not commence work, without first reporting their arrival and intent at the Work site on the first day to the Consultant;

(b) establish and maintain at each Work site, in a manner easily available to all workers, other staff and authorized City staff, a copy of all relevant Material Data Safety Sheets (“MSDS”);

(c) deliver to the Consultant a list of all designated substances and a copy of the MSDS for each hazardous material, both as defined in the OHSA, that will be brought to the Project site and/or used in the performance of the Work, no later than Five (5) working days following execution of the Contract and at least Ten (10) working days prior to commencement of the Work;

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(d) not bring onto the Work site any designated substance or hazardous material without the prior written authorization of the Consultant;

(e) strictly conform to and comply with, all applicable laws, statutes, regulations, orders, directives and rulings from any federal, provincial or municipal governmental authority pertaining to lead and any other designated substance(s) or hazardous material(s), including without limitation, the OHSA and all regulations thereunder, and also cause its subcontractors to do so;

(f) submit to the Consultant a copy of the Notice of Project issued to the Ministry of Labour;

(g) should the Contractor be issued a notice/directive as either an "order to comply" or a "stop work order", immediate corrective measures shall be taken by the Contractor. A copy of the notice/directive shall be delivered to the Consultant immediately.

(h) promptly report to the Consultant all accidents involving personal injury or property damage that occur in connection with the work; and

(i) take all steps necessary to prevent the spread of lead-containing dust/particles and any other designated substance(s) or hazardous material(s) from the Work site when performing Work involving, but not limited to, lead-containing paint, and to protect the Contractor, those engaged by the Contractor in performance of the Work, City employees and all others, including the general public, likely to be at or near the Work site.

4.7 Where the Work includes removal of asbestos, the Contractor shall:

(a) conform to and enforce strict compliance with all applicable laws, statutes, regulations, orders, directives and rulings from any federal, provincial or municipal governmental authority governing workplace safety or asbestos on construction projects and in building and repair operations with respect to the removal of asbestos, air testing and removal of barriers, including without limitation, OHSA Reg. 278/05 (Designated Substance --- Asbestos on Construction Projects and in Buildings and Repairs Operations), hereinafter referred to as the “Asbestos Regulation”, as may be amended from time to time;

(b) ensure, through appropriate air testing and such other measures as may be appropriate and necessary, that the Work site and adjacent areas not been contaminated with asbestos during the performance of the Work; and

(c) prior to dismantling any barriers erected to contain asbestos and asbestos-containing materials, the Contractor shall provide written confirmation to the Consultant that, after conducting proper air testing and other due diligence measures, the area is safe in accordance with the requirements of the OHSA.

4.8 Asbestos

4.8.1 If, during the course of the Work, the Contractor or any of the subcontractors or suppliers engaged by the Contractor, disturb material that is believed to be asbestos containing material, separate and apart from asbestos abatement

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work forming part of the Contract, the Contractor shall act in strict compliance with the OHSA, including but not limited to the Asbestos Regulation, and without limiting the generality of the foregoing, shall:

(a) Stop work and evacuate the area where the asbestos containing

material is believed to have been disturbed and take all precautions or actions mandated by the OHSA and notify the City immediately;

(b) Notify the Consultant via telephone, with written notification to follow as soon as possible; and

(c) Refrain from entering the work area for any reason whatsoever until safe to do so, in accordance with the requirements of the OHSA and, prior to re-entry, notify the Consultant for approval to recommence Work.

4.8.2 The Contractor shall ensure that all employees, including the employees of

any subcontractors, are trained on the City’s asbestos management program (the “Program”) prior to the commencement of the work. The training will include the specific requirements of the Program and the record containing the City’s inventory report, including,

(a) the location of all asbestos containing material described in the record

for the work location, including drawings, plans and specifications; (b) whether the material is friable or non-friable; (c) a description of the condition of the material.

4.8.3 Prior to the commencement of the Work, the Contractor shall confirm to the City in writing that the training described in section 4.8.2 has been completed.

4.8.4 The Contractor shall ensure that all employees, including the employees of

any subcontractors, are trained on the City’s asbestos report prepared in accordance with section 10 of the Asbestos Regulation. The training shall include the specific requirements of the report including,

(a) the location of all asbestos containing material described in the record

for the work location, including drawings, plans and specifications; (b) whether the material is friable or non-friable; (c) a description of the condition of the material.

4.8.5 Prior to the commencement of the work, the Contractor shall confirm to the City in writing that the training described in paragraph 4.8.4 has been completed.

4.9 The Contractor shall use all reasonable and due care to avoid spilling or

disturbing any designated substance(s) or hazardous material(s) of which the City notifies the Contractor are or may be on the site; and shall not remove or interfere with any designated substance(s) or hazardous material(s) except in full compliance with the OHSA and, after notifying the Consultant, being authorized to do so by the Consultant. The Contractor shall, following discovery that any designated substance or hazardous material has been removed or interfered with other than in compliance with this subsection, forthwith report same to the

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Consultant and ensure that no further such non-complying removal or interference occurs.

4.10 Where the Contractor encounters designated substance(s) or hazardous

material(s) at the site or has reasonable grounds to believe that designated substance(s) or hazardous material(s) are or may be present at the site, the Contractor shall take all reasonable steps as deemed necessary to comply with the OHSA, including stopping the Work, to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to or the presence of such substance(s) or material(s), and immediately report the circumstances to the Consultant and any other appropriate authority, in writing. Where there is a delay by reason of so doing, the Contractor shall be entitled to its reasonable costs, to the extent directly incurred by reason of that delay and directly related to designated substance(s) or hazardous material(s) which existed at the site prior to the commencement of the Work which were not disclosed by the City.

4.11 Authorized representatives of the City shall, at all times, have access to the Work

site to monitor the Contractor’s compliance with the terms of the Contract. 4.12 During the course of the Work, the Contractor shall furnish forthwith to the City of

Toronto Health and Safety Manager, via the Consultant, a copy of all correspondence, reports, compliance orders or charges arising from or issued in respect to the requirements of the OHSA which are received or which come to the notice of the Contractor that apply or are relevant to any of the Work or activities conducted under the terms of the Contract.

4.13 Without limiting any other right, remedy or privilege of the City under this

Contract or otherwise provided by law, statute or in equity, where the Contractor has failed to strictly comply with the OHSA or any other health and safety duty, obligation or requirement of the Contractor, whether express or implied, the City shall have the right to:

(a) Require the Contractor to remedy such default, by the removal of any

workers from the Work that fail to comply with the OHSA (or any other health and safety plan, policy or program requirement of the Contract) or the taking of such other measures as may be necessary to remedy such default;

(b) Suspend or Stop the Work; (c) Cancel or Terminate the Contract; and/or (d) Exercise any other right, remedy or privilege available to the City for

default or breach of this Contract available under the terms of this Contract, or may be available in law, by statute or in equity.

4.14 In the event that the City exercises the right to suspend or stop the Work or an

affected part thereof, as a result of the failure by the Contractor to strictly comply with the OHSA or any other health and safety duty, obligation or requirement of the Contractor, such Work or part thereof shall not resume until any such violation has been completely rectified to the satisfaction of the Consultant.

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4.15 The Contractor shall be responsible for any delay in the progress of the Work as a result of any violation of a health and safety requirements of any federal, provincial or municipal governmental authority, it being understood that no such delay shall be deemed or construed as an "Unavoidable Delay" for the purposes of extending the time for performance for the Work or entitling the Contractor to additional compensation whatsoever, and the Contractor shall take all necessary steps to avoid delay in the final completion of the Work without additional cost to the City. The City shall not be responsible for any compensation, expense or liability resulting from any such delay.

4.16 Nothing in this Contract shall be construed as requiring the City to monitor or

approve the workplace health and safety practices of the Contractor. The City shall not be liable to any person by reason of a breach by the Contractor or any subcontractor of any applicable health and safety standard or requirement.

5. Organization Of Work And Work Restrictions

Before work commences, the Contractor shall expedite the ordering and delivery of all materials and equipment required, and shall co-ordinate the sequence of the work stages. No claim shall be allowed for delays and/or additional expense resulting from failure to order and accept the delivery of materials from suppliers in a timely manner and subsequent failure to maintain the contract schedule. It is the Contractor's responsibility to implement all required measures (e.g. fences, enclosures, etc.) in order to strictly control the pedestrian traffic in the construction area and to prevent any pedestrian approaching into the areas of construction hazard, or any other dangerous area. The Contractor shall be attentive to the needs of pedestrians that are visually or physically impaired, and the Contractor must be prepared at all times to assist in the safe and comfortable passage of these pedestrians. The Contractor shall note that a number of existing utilities and services are located below the area of reconstruction and others in the near vicinity. The Contractor shall examine the site to identify potential problems associated with the accessibility, transportability and constructability of their proposed methods.

6. Other Contractors

The Contractor is advised that existing utility relocation and other work, survey, testing, sampling and quality control estimates may take place within the construction limits prior to and possibly during the work to facilitate the new construction. The Contractor shall co-ordinate its activities with those of any particular utility, testing companies, City crew and other contractor working within the project construction limits at a particular work location in order that all work can take place expeditiously and without conflict. There shall be no consideration for additional payment to the Contractor related to work activity co-ordination as described above.

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7. Contractor's Liability

The Contractor will be held responsible by the City of Toronto for damages caused by the Contractor's work to utilities, properties, structures near to or in the general area of the Work, through the Contractor's or its sub-contractor's intentional or negligent action or omission, or through settlement of ground, vibration or shock etc., resulting from causes relating to the Work performed under the Contract. Additionally, the Contractor will be required to make good all damage at its expense and to the satisfaction of the Consultant.

8. Property Survey

The City shall provide a property survey to identify property boundaries and establish a benchmark necessary for the delineation of Working Area and reference for layout of the Works. Notwithstanding the above, the City may request the Contractor to perform the property survey. In which case, compensation for the service shall be determined on a time and materials basis in accordance with GC 6.2.4.

9. Disposal Of Surplus Excavated Material And Removals

All surplus excavated materials, removals, grindings and all other debris, including that from sewer flushing and catch basin cleaning, shall be disposed of, off site. No separate payment shall be made for the costs associated with this work. The City of Toronto will not make arrangements for the disposal of surplus materials or supply bills of lading. The Contractor shall assume full ownership of the surplus excavated material and shall be solely responsible for its removal and disposal. The Contractor shall indemnify and hold harmless the City and each of its elected officials, officers, employees and agents from and against all claims, demands, actions, suits or proceeding which may arise in connection with the excavated material and the handling and disposal thereof. The Contractor shall comply with the requirements of all Federal, Provincial and Municipal Laws, Acts, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract. Stockpiling of excavated material within the City street allowance is not permitted. The Contractor shall dispose of all excavated material off site immediately upon removal. No additional payment will be made for costs incurred as a result of this requirement.

10. Smog Alert Response Plans

The Contractor, when notified by the Consultant that the City’s Smog Alert Response Plan has been implemented, shall, where applicable:

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suspend use of oil based products except for roadway line painting required to address safety concerns or to reduce traffic congestion;

suspend all pesticide spraying; suspend grass cutting operations; not allow refuelling during daytime hours; not permit equipment and vehicle idling; curtail the use of two-stroke engines as much as practical; suspend normal street sweeping of all roadways during daytime hours except

where there is an urgent need for clean-up, i.e. following a special event such as Caribana;

suspend the operation of loop cutting tar pots; and suspend any non-essential planned traffic control device installation or

modification work which will require lane closures or require complete deactivation of the traffic control device. Work that is required to address safety concerns or to reduce traffic congestion may continue.

Asphalt paving operations using SS-1 tack coat (water based) may continue. A Smog Alert may be preceded by a Smog Watch. A Smog Watch is issued when there is a 50 percent chance that a smog day is coming within the next three (3) days. The Contractor shall not be entitled to any additional payment or extension of Contract Time due to the implementation of the Smog Alert Response Plans. Notwithstanding the above, if it is necessary and the Consultant ordered the suspension of paving operations, payment and/or extension of the Contract for the suspension of asphalt paving operations shall only be made if notification by the Executive Director or General Manager to suspend work is made in less than four hours prior to starting of such operations, and if such suspension has detrimentally impacted on the Contractor's work schedule. The Contractor shall provide supporting documentation identifying the impact and associated fair and reasonable costs and any delay in accordance with the General Conditions of Contract Part 6. Payment for this work, at actual costs incurred, shall be made under the appropriate provisional item(s) identified in the Pricing Form and in accordance with the General Conditions of Contract 6.2.4 Payment on a Time and Material Basis with the exception of any mark ups.

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11. Security

The Contractor shall be responsible for the security of the work of this Contract from the time the job site is turned over to him until all work has been completed. The Contractor shall take all necessary precautions to ensure that the construction site does not pose a hazard to the public for the duration of the project. Appropriate safety and warning signs must be posted. All such site security measures shall be removed from the site at the completion of the project. The Contractor shall supply an Emergency Call Sign that shall be posted in a prominent area. The sign shall conform to City's standard drawing T-216.02-24 No additional separate payment will be made for such work and provisions.

12. Material And Truck Weighing

The City reserves the right to randomly verify the quantity of materials supplied in connection with this Contract. Prior to unloading of materials that are priced on a unit weight basis (“unit weight materials”), the weight tickets must be provided to the Consultant (or in their absence, the City’s inspector). Material weight tickets that are not provided to the Consultant or the City’s inspector prior to unloading will not be accepted later for payment. When directed by the Consultant or the City’s inspector, trucks carrying unit weight materials shall proceed immediately to a City’s weighing facility as specified by the Contractor Administrator or the inspector. After passing through the City’s weight scale and unloading the materials, the empty truck shall return to the same facility to verify the vehicle tare if so directed by the Consultant or the City’s inspector. Should the weight verification show that the verified weight of the material is less than what is shown on the Contractor’s weight ticket by more than 1.0%, the payment for the affected load shall be made based on the weight measured by the City’s weighing facility. City staff will also adjust the method of measurement for all following loads that are not weight-verified but have been delivered to the site before a new weight verification process can prove the Contractor had rectified the weight inconsistency. The weight of the following loads will be adjusted based on an adjustment factor determined from the most recently weight-verified load The City will not compensate contractors for any cost associated with the weight verification process.

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13. Noise Regulations

The Contractor shall comply with all City noise bylaws. In addition, the Contractor shall ensure the following:

Equipment shall be maintained in an operating condition that prevents unnecessary noise, including but not limited to proper muffler systems, properly secured components and the lubrication of all moving parts; and

Idling of equipment shall be restricted to the minimum necessary for the proper performance of the specified work.

14. Fair Wage And Labour Trades Policy

The Contractor and all associated subcontractors, shall be subject to the City's Fair Wage Policy and Labour Trades Obligations, as adopted by the City from time to time, and any of the City'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. The Fair Wage Schedule that is applicable to this Contract is set out in Section 2 – Information for Bidders – of this Tender Call.

15. Liquidated Damages

The Contractor recognizes and agrees that the City will suffer financial loss if Substantial Performance of the Contract is not attained within the time specified in this Contract. The Contractor also recognizes the delays, expenses and difficulties involved in proving the actual loss suffered by the City if Substantial Performance of the Contract is not attained on time. Accordingly, instead of requiring any such proof, the Contractor agrees that as liquidated damages for delay (but not as penalty) the Contractor shall pay to the City the sum of $1,000.00 (one thousand dollars) per day as liquidated damages for each and every calendar day’s delay from the specified time for the attainment of Substantial Performance of the Contract until Substantial Performance of the Contract is attained, and it is further expressly acknowledged and agreed by the Contractor that:

(a) this amount is a reasonable estimate of the actual damage that will be incurred by the City due to any failure to attain Substantial Performance of the Contract within the time required by this Contract;

(b) the City may deduct the amount due under this section from any monies that may be due or payable to the Contractor, whether under this Contract 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.

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16. Spills Reporting

Spills or discharges of pollutants or contaminants under the control of the Contractor, and spills or discharges of pollutants or contaminants that are a result of the Contractor's operations that cause or are likely to cause adverse effects shall forthwith be reported to the Consultant. Spills or discharges and their adverse effects shall be as defined in the Environmental Protection Act R.S.O. 1990, c. E.19, as may be amended. All spills or discharges of liquid, other than accumulated rain water, from luminaries, internally illuminated signs, lamps, and liquid type transformers under the control of the Contractor, and all spills or discharges from this equipment that are a result of the Contractor's operations shall, unless otherwise indicated in the Contract, be assumed to contain PCBs and shall forthwith be reported to the Consultant. This reporting will not relieve the Contractor of its legislated responsibilities regarding such spills or discharges.

17. Taxes

Harmonized Sale Tax (HST) is to be applied to the prices submitted as specified in the relevant sections of the call document or in the Price Schedule provided in the call. HST for the supply and delivery of materials/goods is to be shown as additional/separate line items on the Price Schedule and any subsequent invoices.

18. Insurance

This clause is supplementary to 3.36 (paragraph 11.1 Insurance) of the Supplementary

Conditions in Section 5. The limit of Commercial Liability Insurance is $5,000,000 as specified in paragraph

11.1.2

The limit of Automobile Liability Insurance is $2,000,000 as specified in paragraph 11.1.5

Contractor's Pollution Insurance is $2,000,000 as specified in paragraph 11.1.6.

19. Service Standards for Contractors in Responding to Third Party Claims

1. Without limiting the obligations of the Contractor under section 2, the Contractor, or the Contractor's insurer, shall:

(a) respond to all third party claimants in a timely manner, (b) ensure that third party claimants are provided with accurate information about

the status of their claim, and

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(c) where appropriate, notify third party claimants of the relevant activity on their claims and provide them with information.

2. (1) If the Contractor receives notice of a third party claim from a claimant relating

to or arising out of the Contract, the Contractor shall immediately forward the notice of claim to the City Clerk's office at [email protected].

(2) Once the Contractor receives notice of a third party claim from the City's

adjuster, relating to or arising out of the Contract, the Contractor, or the Contractor's insurer, shall:

(a) within 5 Working Days of receiving notice of the claim, send a letter to the

claimant acknowledging receipt of the claim and provide the claimant with the contact information of the Contractor's Superintendent, or another person representing the Contractor, to whom the claimant can refer questions regarding the claim.

(b) conduct an investigation of the claim and make a decision regarding the claim that is based on a proper consideration of the facts.

(c) within 25 Working Days of receiving notice of the claim, provide the claimant with a letter advising of the results of the investigation and clearly explaining the Contractor's decision regarding the claim or should the contractor require the involvement of their insurance company to resolve the claim, this shall be forwarded to the insurance company and the claimant notified within the allotted time above.

An extension of time for responding to the claimant may be provided in writing by the Consultant, if the Contractor or the Contractor's insurer, in writing, provides the Consultant with a request for an extension as well as the reasons for the extension. In considering whether to provide an extension under this section, the Consultant shall consider the Contractor's, or the Contractor's insurer's, reasons for the request and all of the surrounding circumstances including good customer service standards. Once the contractor forwards the claim to their respective insurer, the resolution of the claim shall follow the insurance industry standards for claim investigation.

(3) If an extension of time is provided under subsection 2(2), the Contractor, or

the Contractor's insurer, shall write to the claimant advising that the investigation is on-going, advise of the date by which the Contractor or its insurer will report the results of the investigation to the claimant, and explain the reasons why additional time is required to make a decision on the claim.

(4) A copy of all letters sent to the claimant by or on behalf of the Contractor, including letters sent by the Contractor's insurer, pursuant to this section shall be copied to the Consultant, and the City's adjuster.

3. (1) If the Contractor fails to meet any of its obligations under section 1 or 2, the City

shall provide the Contractor with notice that these obligations must be fulfilled.

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(2) If the Contractor does not meet its obligations under section 1 or 2 within 5 Working Days from receipt of the notice provided to the Contractor pursuant to subsection 3(1), the City may hold back an amount of $10,000.00 from monies payable to the Contractor under this Agreement.

(3) Subject to its right to exercise any other right of hold back or set-off, including

the City's rights under Supplementary GC 13.6.1, the City will release the monies held back pursuant to subsection 3(2) once it has received evidence that the Contractor has sent the claimant a letter(s) in accordance with subsections 2(2)(a) and (c).

4. Where appropriate, the Contractor shall ensure its insurer takes all of the

appropriate steps to meet the obligations under sections 1 to 3, failing which the Contractor shall be responsible for undertaking these obligations itself.

5. The Contractor shall provide to the City monthly updates on the status of all third

party claims received until claim resolution.

20. Contract Documents

Supplementary Condition 1.1.1 is deleted and replaced with:

1.1.1 Amend paragraph 3.1 by adding the following after the words, "The General Conditions of the Stipulated Price Contract":

- These Supplementary Conditions

-The Specific Conditions, if any

-Drawings

-Specifications

-any addenda to the tender call for the Contract

- the tender call for the Contract

21. Order of Precedence

Supplementary Condition 3.1.1 is deleted and replaced with:

3.1.1 Delete paragraph 1.1.7.1 in its entirety and replace it with new paragraph 1.1.7.1:

"1.1.7.1 If there is a conflict within the Contract Documents, the order of priority of documents, from highest to lowest, shall be:

any amendment to the Agreement between the Owner and the Contractor,

the Agreement between the Owner and the Contractor, as amended by these Supplementary Conditions and any Specific Conditions

the Definitions,

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any Addenda to the Tender Call for the Contract,

the Tender Call for the Contract,

Contractor's Bid,

the General Conditions,

Division 1 of the Specifications,

Technical Specifications,

Material and Finishing schedules,

the Drawings."

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Section 6 – Contract Execution Package Tender Call No. 300-2015 Contract No. N/A


Note

Bidders are not required to complete the following listed documents as part of the Bid Submissions.

The Successful Bidder shall complete these documents upon notification by the City.

CCDC 2-2008 STIPULATED PRICE CONTRACT

CCDC 221-2002 PERFORMANCE BOND

CCDC 222-2002 LABOUR & MATERIAL PAYMENT BOND (Trustee Form)

WSIB & TAX STATUTORY DECLARATION

INSURANCE CERTIFICATE

DECLARATION OF COMPLIANCE WITH ANTI-HARASSMENT/DISCRIMINATION LEGISLATION & CITY POLICY FORM

SUPPLEMENTARY STATUTORY DECLARATION FOR OHSA

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Section 6 – Contract Execution Package CCDC 2-2008 STIPULATED PRICE CONTRACT



CCDC 2-2008 STIPULATED PRICE CONTRACT

CCDC 2 is published by the Canadian Construction Document Committee ("CCDC") and is available for purchase at http://www.ccdc.org/WhereToBuy/WhereToBuy.html

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Section 6 – Contract Execution Package CCDC 221-2002 PERFORMANCE BOND



CCDC 221-2002 PERFORMANCE BOND


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Section 6 – Contract Execution Package CCDC 222-2002 LABOUR & MATERIAL PAYMENT BOND (Trustee Form)



CCDC 222-2002 LABOUR & MATERIAL PAYMENT BOND (Trustee Form)


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Section 6 – Contract Execution Package WSIB & Tax Statutory Declaration Form



CANADA, ) IN THE MATTER OF the annexed Agreement PROVINCE OF ONTARIO, ) made between JUDICIAL DISTRICT OF YORK ) ) ) ) – and – ) ) THE CITY OF TORONTO ) ) this day of , 20 . ) with respect to ) I, , of the CITY / TOWN / VILLAGE of in the Province of , do solemnly declare as follows: 1. I am of (If an incorporated Company, state" President", (Company Name) “Secretary”, or as the case may be) referred to above (hereinafter called “the Contractor”), and as such have knowledge of

the matters hereinafter declared to. 2. The Contractor has paid all assessment or compensation payable to the Workplace

Safety and Insurance Board as provided for in the article of the General Conditions entitled “Certification and Payment”, attached to the said Agreement.

3. The Contractor has paid all taxes and/or penalties imposed on it by the Corporation Tax

Act, R.S.O. 1990, c. C.40, as may be amended. AND I 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. DECLARED before me at } } the of } } in the City of Toronto } } this day } Signing Officer of Company } of 20 }


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8

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

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

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Section 6 – Contract Execution Package Supplementary Statutory Declaration with Asbestos Awareness Training



DOMINION OF CANADA } IN THE MATTER of a proposed Contract for } PROVINCE OF ONTARIO } } JUDICIAL DISTRICT } } OF YORK; } } TO WIT: } Contract No.

as hereinbefore described on the first page of the Tender.

I/we

of the city / town / village of

in the province of do solemnly declare as follows:

IF AN INDIVIDUAL STRIKE OUT "OF"

1. I am (If an incorporated Company, state "President", “Secretary”, or as

the case may be) of

(State Firm Name)

the Contractor herein.

IF AN INDIVIDUAL CARRYING ON A BUSINESS UNDER A FIRM NAME, USE THIS PARAGRAPH

I am the Contractor herein contracted to carry out the work under contract no. ____ and I carry on business at


there is no other person associated with me in partnership.

IF A PARTNERSHIP, USE THIS PARAGRAPH

We are the Contractors contracted to carry out the work under Contract no.____ and we carry on business at

in partnership, under the name of

and (state firm name)

we are the only members of such partnership.

Working Near Asbestos

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2. I/we have a health and safety policy and a programme to implement such policy as required by clause 25 (2) (j) of the Occupational Health and Safety Act. R.S.O., 1990, c. o.1, as may be amended (hereinafter “OHSA”), and the said policy does not conflict with the health and safety policy of the City of Toronto.

3. With respect to the goods and services contemplated in the above Contract, the Contractor and its proposed Subcontractors

a) Have conducted training, for all personnel to be involved in providing such goods and services (including but not limited to employees and workers as well as the employees and workers of all sub-contractors), as required by the OHSA and all regulations thereunder, including those with respect to the workplace hazardous materials information system, industrial establishments, construction projects, confined spaces and designated substances.

b) Have, without limiting the generality of the foregoing, provided its personnel (including but not limited to employees and workers as well as the employees and workers of all sub-contractors) with Asbestos Awareness Training which meets the requirements of Ontario Regulation 278/05 (Designated Substance – Asbestos on Construction Projects and in Buildings and Repair Operations) and which includes the matters set out in Appendix “A”.

c) Have put into effect all programs and plans related to confined spaces as required by the regulations under the OHSA.

d) Have put into effect all programmes relating to designated substances as required by the regulations under the OHSA.

4. Without limiting the generality of the foregoing, the Contractor’s supervisors have received, in addition to Asbestos Awareness Training set out in 3(b), a program of Asbestos Management Training which meets the requirements of Ontario Regulation 278/05 (Designated Substances – Asbestos on Construction Projects and in Buildings and Repair Operations) and which includes the matters set out in Appendix “B”.

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5. I am/we are each of the full age of twenty-one years or over.

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”.

SEVERALLY DECLARED before me at the }

} of in } the Province of Ontario } } this day } Signing Officer of Company } of 20 }


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APPENDIX “A”

“ASBESTOS AWARENESS TRAINING” history of asbestos and asbestos-containing materials how to identify asbestos the hazards of asbestos exposure methods of controlling asbestos hazards the use, care and disposal of protective equipment and clothing to be used and worn

when doing the work use and maintenance of respiratory protective equipment (RPE) personal hygiene to be observed when doing the work Ontario legislation regarding asbestos the measures and procedures prescribed by the Occupational Health and Safety Act and

Ontario Regulation 278/05 regarding asbestos overview of Type 1, Type 2 and Type 3 abatement methods and procedures Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

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APPENDIX “B”

“ASBESTOS MANAGEMENT TRAINING” Occupational Health and Safety Act and Regulations and Ontario Regulation 278/05

regarding Asbestos Identification of health hazards Legislated employer duties Responsibilities of Workers Legislated constructor duties Legislated Asbestos Management Plans Ongoing Asbestos Management in Buildings, O Reg 278/05 Asbestos Records Asbestos Management Program Building Surveys Control considerations including management plan, encapsulation / encasement,

enclosure, removal Asbestos Waste Disposal Environmental Protection Act

Ontario Regulation 347 Packaging Waste Transporting Asbestos Legislation Requirements General Respirator Limitations Types of Respirators Parts of a Respirator Visual Inspection

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Fit Checks Particulate Filters General Guidelines for Abatement Activities Classifying Activities Work Procedures – Type 1, Type 2 and Type 3 abatement methods and procedures Training on the aforementioned topics shall have been delivered no more than 6 months prior to the commencement of the Work, and proof of training shall be provided to the City immediately prior to the commencement of the Work and the Bidder shall retain a copy to be made available for inspection upon request.

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Section 7 – City Policies Tender Call No. 300-2015 Contract No. N/A

SECTION 7 – CITY POLICIES

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Section 7 – City Policies Tender Call No. 300-2015 Contract No. N/A

City of Toronto Accessible Customer Service Training Requirements: Contractors, Consultants and other Service Providers

(Accessibility Standard for Customer Service, O. Reg. 429/07, AODA 2005) The City of Toronto supports the goals of the Accessibility for Ontarians with Disabilities Act (AODA), 2005 and is committed to providing equal treatment and equitable benefits of City services, programs and facilities in a manner that respects the dignity and independence of people with disabilities. Under section 6 of the Accessibility Standard for Customer Service, O. Reg. 429/07 (Appendix A), established by the AODA, the City of Toronto must ensure that employees, volunteers and all other personnel, including third party contractors, who deal with members of the public or other third parties on behalf of the City or, who participate in developing City policies, practices or procedures on the provision of goods and services receive training on accessible customer service. All personnel must complete training that meets the requirements of the Accessible Customer Service regulation and includes:

An overview of the AODA Understanding the requirements of the Regulation How to interact and communicate with persons with various types of disabilities; How to interact with persons with disabilities who use an assistive device or require the

assistance of a guide dog or other service animal or the assistance of a support; How to use equipment or devices available on the provider’s premises or otherwise

provided by the provider to people with disabilities to access goods or services; and What to do if a person with a particular type of disability is having difficulty accessing

the provider’s goods or services. Third party contractors and other service providers are to ensure that training records are maintained, including dates when training is provided, the number of personnel who received training and individual training records. Contractors are required to ensure that this information is available, if requested by the City of Toronto. Access an e-learning course: The training requirements can be fulfilled by completing the e-Learning course “Serve-ability: Transforming Ontario’s Customer Service”, which can be found on the Ministry of Community and Social Services website: http://www.mcss.gov.on.ca/mcss/serve-ability/splash.html For more information: How to comply with the Accessible Customer Service Standard at: www.accessON.ca/compliance Requirements of the Accessibility Standards for Customer Service (Ontario Regulation 429/07): www.e-laws.gov.on.ca/html/source/regs/english/2007/elaws_src_regs_r07429_e.htm

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IMPORTANT - PLEASE READ THIS

It is important to the City of Toronto to receive a reply from all invited Bidders. There is no obligation to submit a Bid; however, should you choose not to submit, completion of this form will assist the City in determining the type of services you are interested in submitting a Bid in the future. INSTRUCTIONS:

If you are unable, or do not wish to submit a Bid on this Request for Tender, please complete the following portions of this form. State your reason for not submitting a Tender by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other Request for Tender documents. 1. We do not offer this service. Other reasons or additional comments. 2. We do not offer services to these requirements. 3. Unable to offer services competitively. 4. Cannot handle due to present commitments. 5. Quantity/project too large. 6. Cannot meet delivery/completion requirements. 7. Tender restrictions. Do you wish to participate in Request for Tenders for services in the future? YES ____ NO ____

For City’s use only - Do not write in this space. Company Name:

Address:

Signature of Company Representative:

Position:

Date: Tel. No.: Fax No.:

Please return completed form by facsimile to 416-397-7779 or by e-mail to [email protected]

NOTICE OF “NO BID”

TENDER #: 300-2015

CLOSING DATE: November 9, 2015

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City Manager’s Office

Fair Wage Office

100 Queen Street West

City Hall, 19th Floor, West Toronto, Ontario M5H 2N2

Tel: 416-392-7300 - General Enquiry 416-392-FAIR - Complaints Hotline Fax: 416-392-0801 E-mail: [email protected] Web: www.toronto.ca/fairwage

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

Fair Wage Policy* A1. Definitions As used in this Fair Wage Policy, the following terms have the meaning indicated: APPRENTICE – An Individual who has entered into a registered training agreement under which the individual is to receive workplace-based training in a trade, other occupations or skill set as part of an apprenticeship program approved by the Ontario Ministry of Training, Colleges and Universities. APPRENTICESHIP PROGRAM – A program recognized by Ontario Ministry of Training, Colleges and Universities which provides for the qualification, recruitment, selection, employment, and training on the job. Apprenticeship and training leads to Ontario Certification of Qualification and Apprenticeship for Journeyperson status, which is recognized by employer and employee representatives of industry. CONTRACT – A legal, business agreement between the City of Toronto and the contractor to perform work or services or to provide materials and supplies. CONTRACTORS – Any person or business entity with whom the City enters into a contract with to perform the work or provide services. FAIR WAGE SCHEDULE – Stipulated rates of pay for different classifications of work produced and obtainable from the Fair Wage and Labour Trades Office. FIELD WORK – All work in performance of the contract that is not shop work. FRINGE BENEFITS – Includes such benefits as company pension plans, extended health care benefits, dental and prescription plans, etc. It does not include legislated payroll deductions such as C.P.P., E.H.T., W.S.I.B. or E.I.C. NON-COMPLIANCE – The occurrence of any of the following conditions: A. Contractor fails to co-operate with the Manager, Fair Wage Office in fulfilling his/her responsibilities under

the Fair Wage Policy and the Labour Trades Contractual Obligations in the Construction Industry. B. Sub-contractor fails to co-operate with the Manager, Fair Wage Office in fulfilling his/her responsibilities

under the Fair Wage Policy and the Labour Trades Contractual Obligations in the Construction Industry. C. Contractor or sub-contractor has been found in violation of the Fair Wage Policy (non-compliance applies

to both contractor and sub-contractor. D. Contractor has been found in violation of the Labour Trades Contractual Obligations in the Construction

Industry. E. Sub-contractor has been found in violation of the Labour Trades Contractual Obligations in the

Construction Industry. PROCUREMENT CALL DOCUMENT – Includes a Tender, Request for Quotations and a Request for Proposals as issued by the Purchasing and Materials Management Division, and as defined in Chapter 195 of the Toronto Municipal Code. SHOP WORK – Any work in performance of the contract that is done in or at any factory, foundry, shop or place of manufacture not located at or upon the site of the work, and not operated solely for the purpose of the work.

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SUB-CONTRACTOR – Any person or business entity not contracting with or employed directly by the City but who supplies services or materials to the improvement under an agreement with the contractor or under the contract with another sub-contractor. WAGES or RATE OF WAGES – Includes the hourly rate, vacation and holiday pay and any applicable amount for fringe benefits shown in the current Fair Wage Schedule, to be paid to the worker as part of the worker’s wages or for the worker’s benefit provided for in any collective agreement applicable to that worker. WORKERS – Includes mechanics, workers, labourers, owners and drivers of a truck or other vehicle employed in the execution of the contract by the contractor or by any sub-contractor under them and clerical staff. A2. City of Toronto Council references A. City of Toronto Council, by the adoption of Corporate Services Committee Report 13, Clause 1, as

amended, at its meeting of October 1 and 2, 1998, directed that the Fair Wage Policy of the former Municipality of Metropolitan Toronto be adopted for all City departments, agencies, boards and commissions and replace all existing fair wage policies of the former local municipalities.

B. City of Toronto Council, by the adoption of Administration Committee Report 7, Clause 1, as amended, at its meeting of June 18, 19 and 20, 2002, directed that certain changes be made to the Fair Wage Policy and Procedures.

C. City of Toronto Council, by the adoption of Administration Committee Report 5, Clause 2, at its meeting of June 24, 25 and 26, 2003, directed that certain further changes be made to the Fair Wage Policy and Procedures, and to the Fair Wage Rate Schedule.

D. City of Toronto Council, by the adoption of Government Management Committee Item 8.9, at its meeting of October 22 and 23, 2007, directed that certain changes be made to the Fair Wage Policy.

A3. Purpose and history of Fair Wage Policy A. The Fair Wage Policy has as a central principle the prohibition of the City doing business with contractors,

sub-contractors and suppliers who discriminate against their workers. B. Originally implemented in 1893 to ensure that contractors for the City paid their workers the union rates or,

for non-union workers, the prevailing wages and benefits in their field, the Fair Wage Policy has expanded over the years to other non-construction classifications such as clerical workers.

C. The policy also requires compliance with acceptable number of working hours and conditions of work in order to protect the rights of workers.

A4. Intent of Fair Wage Policy The intent of the Fair Wage Policy can be summarized as follows: A. To produce stable labour relations with minimal disruption; B. To compromise between the wage differentials of organized and unorganized labour; C. To create a level playing field in competitions for City work; D. To protect the public; and E. To enhance the reputation of the City for ethical and fair business dealings. A5. Application

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A. The provisions of the Fair Wage Policy apply equally to contractors and all sub-contractors engaged in work for the City of Toronto. It is understood that contractors cannot sub-contract work to any sub-contractor at a rate lower that called for in the Fair Wage Policy.

B. The fair wage rates do not apply to small businesses, typically those with owner-operators, or partnerships,

or principals of companies as long as they undertake the work themselves. C. It should be noted that under the above City of Toronto Council reference authorities, the conditions of the

Fair Wage Policy cannot be waived, unless authorized by Council to do so. A6. Establishment of rates A. Establishing fair wage rates and schedules are intended to minimize potential conflicts between organized and

unorganized labour in the tendering and awarding of City contracts. B. Certain designated construction-related rates are based on the lowest rate established by collective bargaining,

while the wage rates for other classifications are based on market and industrial surveys in accordance with the prevailing wages for non-union workers in the geographic area.

C. The City encourages contractors to hire and train apprentices under approved apprenticeship programs. Apprentices/trainees will be assessed based on Provincial Qualification Apprenticeship Certification Criteria.

D. Fair wage rates, including rates for apprentices, are established through discussion between the Fair Wage Office and with employee and employer groups and associations (having both union and non-union members). This discussion will also include appropriate apprenticeship programs for construction-related trades.

E. The proper wage rates to be paid to apprentices/trainees are those specified by a particular industry program in which they are enrolled, expressed as a percentage of the journeyman rate on the wage determination. In the event employees reported as apprentices and trainees have not been properly registered, or are utilized at the jobsite in excess of the ratio of journeymen permitted under the approved program, they must be paid the applicable schedule of wage rate. The Manager, Fair Wage Office may assess established employee work history as to determine the appropriate apprentice/trainee level.

F. These rates are reviewed by the above-noted groups and are recommended to Council, by the Manager, Fair Wage Office for approval every three years.

A7. Contractor and sub-contractor responsibilities A. Contractors will be responsible for any violations or non-compliance issues arising from the engagement of

any sub-contractor on City work. B. The contractor or sub-contractor shall pay or cause to be paid weekly or biweekly to every worker

employed in the execution of the contract wages at the following rates, namely:

(1) For workers employed in shop work: (a) The union rate of wages in the particular district or locality in which the work is

undertaken for any class or work in respect of which there is such union rate; and (b) For any class of work for which there is no such union rate, the rate of wages shall be the

rate of wages, as determined by the Manager, Fair Wage Office prevailing in the particular district or locality in which the work is undertaken.

(2) For workers employed in field work:

(a) Where the contractor or sub-contractor is in contractual relationship with a union recognized by the Ontario Labour Relations Board as the bargaining agent for the relevant workers, the applicable rate of wages set out in the collective agreement; and

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(b) Where there is no such contractual relationship, a rate not less than that set out for such work in the Schedule of Wage Rates files by the Manager, Fair Wage Office, with the City Clerk of the Corporation after being first approved by Toronto Council; and

(c) For any class of work for which there is no rate, the rate of wages shall be the rate of wages, as determined by the Manager, Fair Wage Office, prevailing in the particular district or locality in which the work is undertaken.

C. The contractor and sub-contractor shall:

(1) At all times keep a list of the names and classifications of all workers employed in the work, the hourly rate and hours worked per day and a record of the amounts paid to each.

(2) From time to time, if demanded by the Manager, Fair Wage Office, furnish a certified copy of all paysheets, lists, records and books relating to the work and keep the originals thereof open at all times for examination by the Manager.

(3) At all times furnish and disclose to the said Manager any other information respecting wages of workers that may be desired by the Manger in connection with the work.

(4) Attach to all accounts rendered for payment of money upon the contract, a declaration affirming that the requirements of the Fair Wage Policy have been fully complied with.

(5) Display legible copies of this Fair Wage Policy in a prominent position in his or her workshop(s), accessible to all employees.

E. The contractor or sub-contractor shall not compel or permit any worker engaged for the work to work more

than the number of hours per day and the number of hours per week set out in the Fair Wage Schedule for the particular type of work involved except in case of emergency, and then only with the written permission of the Commissioner or head of the department/division having charge of the work or the person then acting as such.

A8. Responsibilities of Manager, Fair Wage Office A. To fulfil the duties of the Manager, as set out in Chapter 67 of the Toronto Municipal Code, 67-A3 B. In every procurement call to which the Fair Wage Policy applies, the Manager, Fair Wage Office, will

determine the applicable Fair Wage Schedules for the work requested in the procurement call, or whether unionized workers need to be utilized for the work requested in the procurement call as per Chapter 67 Schedule B Labour Trades Contractual Obligations in the Construction Industry.

C. Once the applicable Fair Wage Schedule is determined for a specific procurement call, the Manager, Fair Wage Office will provide a copy of the Fair Wage Schedule to Purchasing and Materials Management Division to insert into the procurement document, before the procurement documentation is issued.

D. In case of a jurisdictional dispute or dispute as to rate of wages to be paid under the contract or as to the amount to be paid to any worker or apprentice, the decision of the Manager, Fair Wage Office, shall be final and binding upon all parties.

E. After the procurement call closes, the Manager, Fair Wage Office, at the request of Purchasing and Materials Management Division, will send a fair wage declaration form to the three lowest bidders, to determine if the bidder will comply with the fair wage policy and fair wage schedule.

A9. Penalty Provisions A. If the contractor or sub-contractor fails to pay any worker wages at the rate called for in Chapter 67-A7, the

City may: (1) Charge an administrative fee not in excess of 15 per cent of the balance necessary to make up the amount that should have been paid from the contractor’s progress draw or holdback; and

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(2) Pay the worker(s) directly for any back-wages owing directly from the contractor’s progress draw or holdback.

B. If a tenderer or bidder is found not to comply with the Fair Wage Policy, the Manager may recommend the

next lowest bidder for contract aware to Purchasing & Materials Management Division in the following circumstances: (1) On the declaration form discussed in Chapter 67-A8E, a contractor or sub-contractor does not

meet the Fair Wage Schedules. (2) An investigation is underway and the firm does not co-operate in providing timely information

within 5 business days after being requested by the Manager, Fair Wage Office in fulfilling his or her responsibilities under the Fair Wage Policy and the Labour Trades Contractual Obligations in the Construction Industry and, operationally, the provision of goods and/or services cannot be delayed.

(3) A contractor or sub-contractor is in violation of the Fair Wage Policy and has not paid restitution to its workers.

(4) A contractor or sub-contractor is unable to comply with the City of Toronto Labour Trades Contractual Obligations in the Construction Industry.

A10. Disqualification Provisions

A. When a contractor or any sub-contractor is found to be in non-compliance with the provisions of the Fair Wage Policy in two separate instances over a period of three years inclusive, the Manager, Fair Wage Office must report and may recommend to the Government Management Committee that the said contractor or sub-contractor be disqualified from conducting business with the City for a period of two years, inclusive.

B. The disqualification period will start from the day of the decision of Council.

C. After the disqualifying period is over, the said contractor or sub-contractor will be placed on probation for the next year. If another non-compliance violation occurs, the Manager, Fair Wage Office must report and may recommend to the Government Management committee that the said contractor or sub-contractor; be disqualified from conducting business with the City for an indefinite period of time.

D. All non-compliance activities (including firm names) and disqualification statistics will be reported to Council annually. Disqualified firms will be published on the City’s website.

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Labour Trades Contractual Obligations in the Construction Industry* B1. Legislative Applicability of Labour Trades Obligations.

The mandatory Labour Trades provisions for municipalities bound by province-wide collective agreements are separate from Fair Wage Policy established, monitored and enforced by the City. Central to any understanding of municipal obligations to Labour Trades, is that the City has no discretion in setting wage rates or in using union labour for certain trades performing Work for the City. This is by virtue of the Province-wide collective agreements applicable to trades in the Industrial, Commercial and Institutional (ICI) and Residential sectors and other negotiated collective agreements in other sectors of the construction industry.

The Province-wide collective agreements are binding on all employers in the sector. The former City of Toronto was first considered an “employer” when the relevant unions obtained bargaining rights beginning in 1978. As a result, subject to the jurisdiction of the collective agreements, union workers must be used for contracted-out Work. The use of union sub-contractors for municipal building projects is also required in most cases.

B2. Current Labour Trades Contractual Obligations in the Construction Industry.

A. The City of Toronto is bound by the current province-wide collective agreements with respect to the Industrial, Commercial and Institutional sectors of the construction industry between:

(1) The Carpenters’ Employer Bargaining Agency and the Ontario Provincial Council, United Brotherhood of Carpenters and Joiners of America.

(2) The Mechanical Contractors Association of Ontario and the Ontario Pipe Trades Council of the United Association of Journey-men and Apprentices of the Plumbing and Pipe-Fitting Industry of the United States and Canada.

(3) The Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and The International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario.

(4) The International Union of Bricklayers and Allied Craftsmen and the Ontario Provincial Conference of the International Union of Bricklayers and Allied Craftsmen, and The Masonry Industry Employers Council of Ontario.

(5) The International Association of Heat and Frost Insulators and Asbestos Workers and The Master

Insulators’ Association of Ontario Inc. (6) The International Brotherhood of Painters and Allied Trades and The Ontario Painting Contractors

Association.

(7) The Ontario Glazier Agreement between The Architectural Glass and Metal Contractors Association and The International Brotherhood of Painters and Allied Trades; and

(8) The Environmental Sheet Metal Association Toronto and the Sheet Metal Workers’ International

Association and the Ontario Sheet Metal Workers’ Conference. (9) The Ontario Erectors Association Incorporated, and the International Association of Bridge,

Structural, Ornamental and Reinforcing Iron Workers and the Ironworkers District Council of Ontario

Labour Trades Contractual Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67)

FW R (02/06) Page 1 of 2 214 of 227

B. Exhibition Place is bound;

(1) By collective agreements in all sectors of the construction industry between:

(a) The Carpenters’ Employer Bargaining Agency and The Ontario Provincial Council, United Brotherhood of Carpenters and Joiners of America.

(b) The Mechanical Contractors Association of Ontario and The Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada.

(c) The Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and The International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario; and

(2) By Letters of Understanding between the Board and, respectively, Local 506 of the Labourers International Union of North America and The International Brotherhood of Painters and Allied Trades.

C. Any non-maintenance part(s) of the Work that is the work of Union members for whom the said Council, Brotherhood, Association or Local is the collective representative under the provisions of any one of the said collective agreements or the said Letters shall in each case be performed only by an employer owing contractual obligations to such representative, unless such obligations do not prohibit performance of such part(s) of the Work by others.

B3. Guidelines for Prospective Bidders.

This summary is an overview of the current status of trades’ certifications and the relevant construction sectors for which firms and workers with the appropriate union affiliations must be used when performing the following Work for the City of Toronto and Exhibition Place.

City of Toronto Exhibition Place Type of Work * I.C.I.

Asbestos/ Insulation X Bricklaying/ Masonry X Carpentry X X Electrical X X Glazing X Iron Workers X Labourers X Mechanical X X Painting X X Sheet Metal X

* (Industrial, Commercial, Institutional sector)

B4. Decisions, Fair Wage Policy.

The Fair Wage Office will make final decisions with respect to:

• Work jurisdictions, in consultation with the industry • type of Work involved • whether or not union firms/workers must be used • if Labour Trades Contractual Obligations apply * Labour Trades Contractural Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67)

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GUIDE TO PROSPECTIVE BIDDERS

APPLICATION OF THE FAIR WAGE SCHEDULES In accordance with the City of Toronto Fair Wage Policy, Contractors and Sub-contractors are responsible to pay workers employed in “field work”, a rate of wages not less than that set out for such work in the applicable Schedule of Wage Rates for this contract is as follows:

APPLICABLE FAIR WAGE SCHEDULE SUBJECT TO LABOUR TRADE CONTRACTUAL OBLIGATIONS IN THE CONSTRUCTION INDUSTRY

“INDUSTRIAL, COMMERCIAL, INSTITUTIONAL (I.C.I.) WORK”

On December 18, 2013, City Council enacted By-law No. 1717-2013 that revises the Industrial, Commercial, Institutional (I.C.I.) Work Schedule for 2013-2016. This schedule is applicable to the construction industry as determined by work characteristics that include industrial, commercial, institutional work. Refer to the Labour Trade Contractual Obligations document for legislated labour requirements with respect to certified trades. To obtain a copy of the I.C.I. Schedule, call the Fair Wage Office at the telephone number listed below or accesses the following link:

Industrial, Commercial, Institutional (I.C.I.) Schedule 2013.pdf In case of a jurisdictional dispute or dispute as to the rate of wages to be paid under the contract or to the amount to be paid to any worker, the decision of the Manager, Fair Wage Office, shall be final and binding upon all parties. In the event that other Fair Wage Schedules may overlap the work covered by this contract, please contact the Fair Wage Office at (416) 392-7300 to seek clarification.

Human Resources

Fair Wage Office 100 Queen Street West City Hall, 19th Floor, West Tower Toronto, ON M5H 2N2

Tel: 416-392-7300 Fax: 416-392-0801 Hotline: 416-392-FAIR E-mail: [email protected] Visit us at www.toronto.ca/fairwage

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http://www1.toronto.ca/staticfiles/City%20Of%20Toronto/Purchasing%20and%20Materials%20Management/Shared%20Content/Files/ICI%202013.pdf�

1

Purchasing & Materials Management Division Right to Reject Debtors and Set Off Policy

DATE: August 16, 2011

PAGE : 1 of 6

PURPOSE

1.0 To protect the interests of the taxpayers of the City of Toronto by reserving the right to the City to reject an offer to supply goods and/or services through the City’s procurement processes where the City determines that the person making the offer is in any way indebted to the City and in its sole discretion is of the opinion that it is in the City’s best interests that the offer be rejected. To make it clear to persons responding to a call or request from the City that the Treasurer may choose to exercise any legal or equitable right of setoff against any person who becomes indebted to the City during the provision of their services and may re-direct payments to otherwise due to such person towards repayment of outstanding amounts owed to the City. Note: 1. Adopted by Council at its meeting held on July 20, 21, 22, 2004, Report No. 5, Clause 8, Administration Committee. 2. Revised by City Council at its meeting of June 14, 15 & 16, 2005, Report No. 5, Clause 3.

POLICY

2.0 Application This policy shall apply to all calls and proposals issued by the City of Toronto’s Purchasing and Materials Management Division (PMMD). 3.0 Definitions “bid” means a formal price response to a call issued by the City; “bidder” means any person submitting a competitive bid in response to a call by the City; “call” means a solicitation from the City to external suppliers or providers to submit a tender or a quotation; "controlling interest" means the interest that a person has in a corporation when the person beneficially owns, directly or indirectly, or exercises control or direction

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over, equity shares of the corporation carrying more than 10 per cent of the voting rights attached to all equity shares of the corporation for the time being outstanding; “debtors watch list” means a list of persons and or companies who are indebted to the City; “indebted” includes but is not limited to unpaid taxes, outstanding claims, judgements or executions, arrears of rent and any interest and penalty thereon owing by a person to the City; “parent" means a person who has demonstrated a settled intention to treat a child as a member of his or her family whether or not that person is the natural parent of the child; “person” shall include any individual, sole proprietorship, partnership, corporation or other entity with the legal capacity to contract; “procurement processes” includes any call or request issued by PMMD pursuant to Chapter 195, Purchasing, of the City of Toronto Municipal Code; “related person” means a parent or the spouse or any child of the person or any person or entity having an indirect pecuniary interest as set out in section 4.0; “request” means a solicitation from the City to external suppliers or providers to submit a proposal; “senior officer" means the chair or any vice-chair of the board of directors, the president, any vice-president, the secretary, the treasurer or the general manager of a corporation or any other person who performs functions for the corporation similar to those normally performed by a person occupying any such office; "spouse" means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage. 4.0 Indirect pecuniary interest A person has an indirect pecuniary interest in any matter in which another person is concerned, if:

(a) the person or his or her nominee, (i) is a shareholder in, or a director or senior officer of the other person,

being a corporation that does not offer its securities to the public;

(ii) has a controlling interest in or is a director or senior officer of the other person, being a corporation that offers its securities to the public, or

(iii) is a member of the other person; or

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(b) the person is a partner of the other person or is in the employment of the other person.

5.0 Right to Reject It shall be the policy of the City of Toronto that in any procurement of goods and services by the City, the City reserves the right to reject an offer to supply goods and/or services presented in response to the City’s procurement processes where the City determines that the person making the offer is in any way indebted to the City and in its sole discretion is of the opinion that it is in the City’s best interests that the offer be rejected. For the purpose of this section 5.0, “person making the offer” includes the person actually making the offer, whether as agent or principal, a person on whose behalf the offer is made and any related person. 5.1 Process All calls or proposals issued by PMMD on behalf of City Divisions shall include a copy of this policy. 5.2 Declaration PMMD shall be entitled to rely on the contents of the Debtors Watch List in making a determination of disqualification. 6.0 Determination of Disqualification The City Manager or designate shall have, in consultation with the Treasurer, the City Solicitor and the Division Head on whose behalf PMMD has issued a procurement process, the sole discretion to reject a bid on the basis of this policy in the best interests of the City. The Guidelines in Appendix ‘A’, attached, will be used by the City Manager in exercising his/her discretion under the policy. NOTE: On July 23, 2007 the City Manager delegated to the Treasurer, the authority to make the determination for rejection as described herein above in Section 6.0 and in Appendix A of this policy 6.1 Notification of Rejection Once a decision to reject a bid has been made by the City under sections 5.0 and 6.0 hereof, PMMD shall forthwith notify the affected person of the decision by way of a notice in writing delivered to the address provided by the person in the particular procurement process from which that the bid has been rejected, provided, however, that any such rejection is not conditional upon the delivery or receipt of such notice in writing.

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7.0 Set-Off The Treasurer, in consultation with the City Solicitor, may choose to exercise any legal or equitable right of set-off against any person who becomes indebted to the City during the provision of their services and may re-direct payments otherwise due to such person towards repayment of outstanding amounts owed to the City. 8.0 Where a disqualified person is otherwise the lowest bidder whose bid meets the specifications and requirements set out in the call or request, such bid will be referred to a standing committee of council in accordance with the provisions of Schedule 195, Purchasing, of the Municipal Code.

Attachments

APPENDIX A – GUIDELINES IN REPSECT OF THE CITY’S RIGHT TO REJECT DEBTORS AND SET OFF POLICY

CONTACT

Should you have any questions please contact the Purchasing and Materials Management Division

. In the event that further interpretation is required, please contact the Manager, Corporate Purchasing Policy & Quality Assurance at 392-0387 or Supervisor, Policy, Training & Technology at 392-1305

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Appendix A

Guidelines in Respect of the City’s Right to Reject Debtors and Set Off Policy (The “Policy”)

The following are guidelines for the City Manager to consider when, in consultation with the City Solicitor, the Treasurer and the Division Head, to determines whether to exercise his/her discretion to reject a debtor under the Policy. The City Manager may consider any individual guideline or any combination of guidelines to determine the application of the Policy.

(1)

Size of the indebtedness

The policy should only be applied in situations where the amount of the indebtedness is significant in relationship to the contract under consideration.

The suggested size of the indebtedness that would trigger possible application of the policy is 10% of the amount bid.

(2)

Age of the indebtedness

The policy should be applied in situations where the age of the indebtedness is significant. The suggested age of the indebtedness that would trigger possible application of the policy is 90 days overdue or more. The policy may also be applied where the debtor has a chronic pattern of late payment.

(3)

The nature of the indebtedness

Where the nature of the indebtedness is a legal claim or a claim to rectify previous deficiencies, the policy should be applied in those circumstances where the claim is significant in size (see 1.) If the contractor in question has a track record of settling cross claims in a manner acceptable to staff, it would be inappropriate to use the policy. It may be quite appropriate to exercise the policy with a debtor that has a chronically poor record with the City with respect to payment of accounts or where the debtor has a chronic history of claims.

(4)

Other Avenues Available to Correct the Indebtedness

The denial of City business is one of many avenues that the City has to encourage the payment of outstanding accounts. In a situation where the City

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6

has other strong collection tools available such as the disconnection of water or the tax sale of a property, it may be in the best interests of the City to award a contract if the bid is attractive enough and the risk of not collecting on outstanding accounts is low.

(5)

The Spread between the Debtors Low Bid and the Next Lowest Bid

In circumstances where the response submitted by the debtor is so attractive as compared to the next ranked response that the benefit of the award significantly outweighs the debt to the City, it may not be appropriate to decline the award. Care must be taken, however, in situations where the indebtedness is in the form of past claims for poor workmanship. In these situations, a low bid may indicate that the pattern of poor workmanship and resulting claims may continue.

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Purchasing & Materials Management Division Restrictions on the Hiring and use of Former City of Toronto Management Employees for City Contracts

DATE:: JUNE 27,, 2007

PAGE : 1 of 2

PURPOSE

To ensure that former City of Toronto management employees who took part in a separation program or received a retirement package, are prohibited from participating in contracts directly or indirectly related to the City of Toronto or its special purpose bodies for a period of two years starting from an employee's separation date.

POLICY

A standard clause is to be inserted in all competitive procurement calls and requests issued by the City and its special purpose bodies, in order to advise companies, firms and individuals and ensure compliance with this policy. Accordingly, all respondents competing for a City of Toronto contract will be asked to identify, by name, any former City management employees now under their employ if: the employee left the present City of Toronto and its special purpose bodies with a separation package or retirement incentive; and, if the project contract is within two years of the date of termination of the former City employee. Former employees covered by this policy are prohibited from participating in contracts directly or indirectly related to the City of Toronto or its special purpose bodies for a period of two years starting from the employee’s separation date. This would include, but not be limited to, for example, the following roles: • As an independent contractor/consultant; • As a contractor/consultant on City project work for a company/firm (but, the firm may compete); or • As a contractor/consultant on City project work for a company/firm that has been sub-contracted by

another company/firm. Notes: (1) Adopted by Council at its meeting of February 4, 5, & 6, 1998, Report No. 2, Clause No. 2 of the Strategic Policies and Priorities Committee, and (2) Revised by City Council at its meeting of November 26, 27, 28, 2002, Report No. 14, Clause No. 6, Administration Committee.

PROCEDURES

(1) The above policy will be included in all applicable competitive procurement calls/requests issued by the Purchasing and Materials Management Division.

(2) In addition, all applicable competitive procurement calls/requests issued by the Purchasing and Materials Management Division will include the following statement:

“Former City of Toronto management employees who took part in a separation program or received a retirement incentive are prohibited from participating in contracts directly or indirectly related to the City of Toronto and its special purpose bodies for a period of two years starting from an employee’s termination date.

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: .”

(3) This policy will be considered in the evaluation of all submissions received by the City of Toronto.

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CONTACT

Should you have any questions, please contact the Purchasing and Materials Management Division. In the event that further interpretation is required, please contact the Manager, Corporate Purchasing Policy & Quality Assurance at 416-392-0387 or Supervisor, Policy, Training & Technology at 416-392-1305.

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TORONTO LICENSING REQUIREMENTS

Attached is a listing of services and trades which require licensing.

Any firm (prime contractor, sub-contractor) performing or subcontracting any or all of the

services listed must be licensed and in good standing.

For further detailed information on Licenses please contact the call centre at 416-392-6700.

TRADES / SERVICES REQUIRING TORONTO LICENSES

BUILDING RENOVATORS:

- Bricklaying / Masonry - Shingling

- Carpentry - Waterproofing

- Flat Roofing - Concrete Work

- Plastering - Eavestroughing

- Tile Setting - Manufacture & Installation of Cabinets and Vanities

- Drywall / Taping - Installation of Aluminum Products

- Tuck Pointing - Underpinning

OTHER TRADES:

- Insulation Installer - Heating Contractor

- Building Cleaner - Exterior - Plumbing and Heating Contractor

- Sign Painter - Plumbing Contractor

- Chimney Repairperson - Drain Contractor

MISCELLANEOUS:

-Auctioneer

Revised August 7, 2009

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ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT

Tender No.:_______________________________ Bidder’s Name:________________________

The City of Toronto Environmentally Responsible Procurement Policy encourages bidders to also offer products/services which are environmentally preferred. Environmentally preferred products/services offered must be competitive in cost, conform to specifications, performance requirements and, be suitable for the intended application as determined by the using division(s). Environmentally preferred products/services are those such as durable products, reusable products, energy efficient products, low pollution products/services, products (including those used in services) containing maximum levels of post-consumer waste and/or recyclable content, and products which provide minimal impact to the environment. An environmentally preferred product is one that is less harmful to the environment than the next best alternative having characteristics including, but limited to the following:

1. Reduce waste and make efficient use of resources: An Environmentally Preferred Product would be a product that is more energy, fuel, or water efficient, or that uses less paper, ink, or other resources. For example, energy-efficient lighting, and photocopiers capable of double-sided photocopying.

2. Are reusable or contain reusable parts: These products such as rechargeable batteries,

reusable building partitions, and laser printers with refillable toner cartridges.

3. Are recyclable: A product will be considered to be an Environmentally Preferred Product if local facilities exist capable of recycling the product at the end of its useful life.

4 Contain recycled materials: An Environmentally Preferred Product contains post-consumer

recycled content. An example is paper products made from recycled post-consumer fibre.

5. Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal: An Environmentally Preferred Product would be a non-hazardous product that replaces a hazardous product.

6. Have a long service-life and/or can be economically and effectively repaired or upgraded. Bidders shall if requested, provide written verification of any environmental claims made in their bid/proposal satisfactory to the City of Toronto within five(5) working days of request at no cost to the City. Verification may include, but not be limited to, certification to recognized environmental program (e.g., Environmental Choice Program [ECP]), independent laboratory tests or manufacturer’s certified tests. Only proven environmentally preferred products/services shall be offered. Experimental or prototype products/services will not be considered. For a copy of the City of Toronto Environmentally Responsible Procurement Policy, contact the Purchasing and Materials Management Division at (416) 392-7303 or (416) 392-0387. State if environmentally preferred products/service is being offered: YES______ NO______ State briefly the environmental benefit of the product/service offered: ________________________________________________________________________________ __________________________________________________________________________

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Contractor Performance Evaluation 1

START DATE:

COMPLETION DATE: U I ME EE EX N/A

A. sub-score 25%1.

2.

3.

B. sub-score 25%1.

2.

3.

C. sub-score 12.5%

1.

2.

3.

4.

5.

6.

7.

8.

9.

D. sub-score 25%1.

2.

3.

4.

5.

6.

7.

8.8.1

8.2

8.3

8.4

8.5

8.6

E. sub-score 12.5%

1.

2.

3.

4.

5.

6.

7.

NOTE: If the contractor disagrees with this evaluation, it is to submit its objections in writing with supporting evidence within five (5) business days to the Division

Manager (for Interim Reports) or to the Division Director (for Final Reports)

version 1.2 - Feb 25-15

Did a person with decision-making authority represent the contractor at pay/progress meetings?

QUALITY - Compliance with Contract Standards & Specifications

Did the contractor commence the work on time?

Did the contractor promptly & effectively correct defective work as the project progressed?

Did the contractor submit a satisfactory baseline schedule in compliance with the contract?

Did the contractor comply with standards and specifications in the contract?

ORGANIZATION - Work Plan and Management

Did the contractor take adequate precautions with any hazardous materials and designated substances?

CONTRACTOR:

PROJECT NAME:

SAFETY & COMPLIANCE - Laws & Standards CONTRACT VALUE:

DESCRIPTION:

Was the quality and workmanship in compliance with the contract documents?

3.00

3.00

Did the contractor adhere to environmental, (non-OHSA) safety requirements, and other laws & policies?

For definitions refer to Backup sheets

Ranking

Did the contractor complete the project on time?

Accurate and complete record documents (as-builts)

Did the contractor effectively coordinate and manage the work of its subcontractors?

Secure and/or closed applicable municipal permits

Did the contractor comply with OHSA requirements?

Did the contractor submit schedule updates in accordance with the contract?

Did the contractor provide adequate & competent site supervision?

3.00

Did the contractor adequately staff and resource the project in compliance with the contract?

Did the contractor keep the site clean and free of trash and debris in compliance with the contract?

CONTRACT No.:

Did the contractor promptly comply with change orders, change directives, site instructions, and RFQs?

Weight

Weight

Weight

Weight

Weight

Did the contractor submit accurate, complete invoices in a timely manner?

Date

Project Manager:

SignatureName (Print or Type)

Director: (required for Final only)

Did the contractor coordinate to minimize disruption to the public and City operations?

Manager:

Total Score (weighted)

DATE:

Did the contractor submit timely, relevant requests for information (RFIs) as needed?Were shop drawings submitted according to shop drawing schedule and in compliance with the contract?EXECUTION - Work Performance

3.00

Did the contractor adequately address disputes, damages and claims with third parties to City PM's knowledge?

Look ahead schedules or work plans

Did the contractor seek authorization to perform extra or additional work?

3.00

3.00

Did the contractor follow the approved schedule and meet milestones?Did the contractor provide effective quality control?

Was the quality and submission timelines of the following items acceptable?

Did the contractor provide competitive change order pricing?Did the contractor accept responsibility for the full scope and extent of the contract?

Did the contractor participate in resolving project problems and display initiative to implement solutions?Did the contractor demonstrate accountability for problems for which they where responsible?

Complete operations and maintenance manuals and closeout documents

Did the contractor communicate, cooperate, collaborate with the contract administrator, project team & stakeholders?

Training plan and manualsStartup testing and commissioning reports

ADMINISTRATION - Contractor Performance and Diligence

Interim #

Final

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