Table of Contents Tender Call No. 21-2014 Contract No. N/A
No. of Page # Pages 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 COPY 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 1-9 23. Conflicts of Interest 1-9 24. Ownership and Confidentiality of City-Provided Data 1-9 25. Ownership and Disclosure of Bid Documentation SUBMIT 1-9 26. Intellectual Property Rights 1-10 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. Site Meetings 2-2 3. Deadline for Questions 2-3 4. Fair Wage Schedule Information 2-3 5. City of Toronto - Invoice/BillingNOT Requirements 2-3 6. Instructions for Section 3 Tender Submission Package 2-5 VIEWING6.1 Mandatory Bid Submission Requirements 2-5 A. Tender Call Cover Page 2-6 B. Bid Bond 2-6 C. City Policies Submission Form 2-6 D. Pricing Form 2-6 6.2 DOMandatory Submission Requirements Prior to Award 2-7
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No. of Page # Pages A. Statutory Declaration 2-7 B. List of Subcontractor Form 2-7 C. Corporate Profile Report 2-8 D. Mandatory Technical Submission Requirements 2-8 Section 3 – Tender Submission Package 1. Bid Bond 2 3-1 2. Statutory Declaration Form for Occupational Health and 6 3-3 Safety 3. City Policies Submission Form 1 3-9 4. Pricing Form 3 3-10 5. Mandatory Technical Submission Requirements 4 3-13 Section 4 – Scope of Work 82 4-1
Section 5 – General Conditions of Contract 30 5-1 Section 5A – Specific Conditions of Contract COPY15 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- 1 6-8 Harassment/Discrimination Legislation & City Policy FormSUBMIT 7. Supplementary Statutory Declaration Form for Occupational 6 6-9 Health and Safety Section 7 – City Policies 7-1 1. City of Toronto Accessible Customer Service Training 1 Requirements 2. Chapter 67 Schedule A – Fair Wage Policy 5 3. Chapter 67 Schedule B – Labour Trades Contractual 2 Obligations in the Construction Industry 4. Applicable Chapter 67 Schedule C – Fair Wage 1 5. Right to Reject Debtors andNOT Set-off Policy 6 6. Policy on the Restrictions on the Hiring and Use of Former VIEWING 2 City of Toronto Management Employees for City Contracts 7. Toronto Licensing Requirements 1 8. Environmentally Responsible Procurement Statement 1 9. Contractor Performance Evaluation 1 DO
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1. Definitions
Throughout this Tender Call, unless inconsistent with the subject matter or context,
“Addenda” or “Addendum” means a document containing additional information or changes to the Tender Call issued by the City prior to the Closing Date;
“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 their designate; COPY “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 personSUBMIT 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,NOT partnership or corporation undertaking the execution of a part of the Work by virtue of an agreement with the Contractor; VIEWING “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.
“Work” means all services and deliverables to be provided by a Contractor as described in thisDO Tender Call.
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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/calldocuments/policy.htm
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 COPY
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 Tender Call opening meeting only. For Lump Sum Tenders, in the event of any discrepancy between the information so inserted on the front cover and the amountSUBMIT 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. NOT Failure of a Bidder to submit a fully completed Bid Bond in the form enclosed in VIEWINGSection 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
If a DOmandatory site meeting has been indicated in the Tender Call, then interested Bidders MUST attend the site meeting to familiarize themselves with the project and
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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 Sheet 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 Addenda 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 Schedules. The Fair Wage Schedule that is applicable to this Tender Call is set out in Section 2 – Information for Bidders.
As per the Fair Wage Policy, in the case of a jurisdictionalCOPY 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 SUBMIT
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 byNOT a Bidder to bypass the Tender Call process may be grounds VIEWINGfor 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. DO
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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 BidsCOPY 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. SUBMIT
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 shallNOT 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 VIEWINGmaterial 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.
13. Irrevocability
After the Closing Date each submitted Bid shall be irrevocable and binding on Bidders for a DOminimum period of 90 days.
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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. 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 perform- ance standards, or expressing appreciation, or providing compensation, for the award of a contract or for performance of the City's obligations thereunder or for conferring favours or being lenient, or in any other manner whatsoever.
If the City determines that this article has been breachedCOPY 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. SUBMIT C. Bids may be accepted or rejected in total or in part.
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.
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. NOT VIEWINGG. 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 DOgoods and/or services). The City may reject a bid if it determines, in its sole discretion, that the bid is materially unbalanced.
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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 followingCOPY 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 AutomaticSUBMIT rejection Insufficient Financial Security (No deposit Automatic rejection or Bid Bond or insufficient deposit or Bid Bond). Response not completed in non-erasable Automatic rejection medium and signed in ink 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 Automatic rejection unless, in the NOT opinion of the Chief Purchasing by an attached statement unless allowed for). VIEWING Official the qualification or restriction is trivial or not significant Response received on documents other than Automatic rejection unless, in the those provided by the City opinion of the Chief Purchasing Official the matter is trivial or DO insignificant Execution of Bid Bonds (Financial Security)
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IRREGULARITY ACTION
Corporate seal or signature of the bidder Two (2) business days to correct missing.
Both corporate seal and signature of the Automatic rejection. bidder missing.
Corporate seal or signature of authorized Automatic rejection. agents of bonding company missing.
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:
Uninitiated changes to responses which are Two (2) business days to initial. minor (example: the respondent’s address is amended by over-writing but not initialed) Unit prices have been changed but not COPYTwo (2) business days to initial initialed and the contract totals are consistent with the price as amended.
Unit prices have been changed but not Automatic Rejection initialed and the contract totals are not consistent with the price as amended. Minor Irregularities The Chief Purchasing Official shall have the authority to waive irregularitiesSUBMIT deemed to be minor.
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 NOTthree or four (as requested by the City) original copies of a CCDC 221-2002 Performance Bond and a CCDC 222-2002 Labour and Material VIEWINGPayment 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 outlinedDO in this section within ten (10) working days after being requested by the City, it
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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 COPY
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 correctedSUBMIT accordingly and adjustments resulting from the correction will be applied to the total bid price quoted.
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 BidderNOT and the nature of that interest. If such an interest exists VIEWINGor 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 SuccessfulDO Bidder for this project may participate in subsequent/other City projects
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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, 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 informationCOPY 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. SUBMIT
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
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 NOTcosts incurred by the City brought by any person in respect of VIEWINGthe 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 arisingDO out of this Tender Call or this Tender Call process will be determined by a court of competent jurisdiction in the Province of Ontario.
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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. COPY SUBMIT
VIEWINGNOT DO
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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 SectionCOPY 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 SUBMIT-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. NOT VIEWING These forms do not have to be submitted for the Bid to be valid. Please see Section 1, Clause 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/tenders/index.htm. DO This is to advise that commencing October 1, 2013 all Tender call documents will contain a
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copy of the Contractor 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. Site Meetings i) Mandatory Site Meeting
Interested 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 10:30am local time on March 7, 2014 at 1008 Yonge Street, Toronto. Meet with the City representative at the east gate. 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 and COPYsign in at the Mandatory Site Meeting SHALL be declared non-compliant.
Bidders may invite their subcontractors to attend the Mandatory Site Meeting. Subcontractors are not required to sign in.
NOTE: The site is considered a construction site. All attendees (Bidders and subcontractors) of the Mandatory Site Meeting will be required to wear the following personal protective equipment (PPE): hard hats, safety goggles and safety boots. SUBMIT Any attendee who does not have the required PPE will not be allowed access to the site. Bidders who do not have the required PPE will be considered as not having attended the Mandatory Site Meeting and, should they submit a Bid, it shall be declared non-compliant.
It is the sole responsibility of each attendee to ensure that their PPE meets the required governing safety regulations. ii) Additional Optional Site Meeting
Bidders may invite their subcontractorsNOT to an additional optional site meeting, which will take VIEWINGplace at 1:30pm local time on March 12, 2014. Meet with the City representative at the east gate. Site meetings will not be available at any other times.
Bidders shall not be permitted to attend the additional optional site meeting as a substitute for attendance at the Mandatory Site Meeting.
NOTE: The same personal protective equipment (PPE) requirements detailed for the MandatoryDO Site Meeting will be in effect for the additional optional site meeting.
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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/index.htm
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: COPY Tel: (416) 392-7300 Fax:(416) 392-0801 E-Mail: [email protected]
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 youSUBMIT 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 projectNOT subject to construction lien holdbacks only. Billing requirementVIEWING 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. DO
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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 phoneCOPY number (the person ordering or picking up the goods and/or services), III. Delivery location of goods and/or services (excluding pick-up order), IV. Purchasing document information on the invoice (blanket contract number, contract release order number (CRO) purchase order (PO) or Divisional Purchase Order (DPO), 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. SUBMIT
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 ContractNOT Purchases VIEWING 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. ContractDO Release Order Number (CRO)
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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.COPY 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.
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. SUBMIT 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 SubmissionNOT Requirements VIEWING 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.
DO
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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 the quoted bid 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 completedCOPY 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.
C. City Policies Submission Form SUBMIT
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/calldocuments/policy.htm). 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. NOT VIEWING 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.
DO
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6.2 Mandatory Submission Requirements Prior to Award
The Bidder must submit the following documents within 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. 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 COPYin 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 withSUBMIT 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.
B. List of Subcontractor Form
Upon request the Contractor will be required to provide a list of subcontractors and associated work types to theNOT City for its review and approval prior to award. VIEWING 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 theDO Work or in the performance of the Work or in the Contractor’s performance of its
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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.
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. C. Corporate Profile Report
Upon request the Contractor will be required to provide a copy of the contractor's Corporate Profile Report (Ontario), or equivalent official record issued by the appropriate government authority. The contractor's Corporate Profile Report 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. COPY 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.
D. Mandatory Technical Submission Requirements SUBMIT
Instructions for the Mandatory Technical Submission Requirements can be found in Section 3.
The information requested in this Section 3 – Mandatory Technical Submission Requirements should be provided with the Bid submission by the closing date and time.
Should the Bidder not provide this information with their Bid submission, the Bidder shall provide this information within five (5) working days upon written request from the City.
Failure of the Bidder to provideNOT any/all of the information requested by the requested deadline will result in their bid being declared non-compliant. Failure of the Bidder to VIEWINGprovide any/all information that meet(s) the requirements by the requested deadline will result in their bid being declared non-compliant.
DO
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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 Quoted Bid 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, successorsCOPY 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 SUBMIT TENDER CALL NO. 21-2014 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. VIEWINGNOT DO
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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. COPY
SEALED AND DELIVERED ) in the presence of ) ) ) PrincipalSUBMIT ) ) ) ) Surety
VIEWINGNOT DO
PMMD V 5.6b – January 29, 2014 Page 3-2 Page 25 of 199 Working Near Asbestos Section 3 – Tender Submission Package Statutory Declaration with Asbestos Awareness Training Tender Call No. 21-2014 Contract No. N/A
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: COPY IF AN INDIVIDUAL 1. I am STRIKE OUT "OF" (If an incorporated Company, state "President", “Secretary”, or as the case may be)
of (State Firm Name)
the Bidder herein. SUBMIT
IF AN INDIVIDUAL I am the Bidder herein and I carry on business at CARRYING ON A BUSINESS UNDER A FIRM NAME, USE THE FOLLOWING under the name of and PARAGRAPH (State Firm Name)
there is no other person associated with me in partnership.
IF A We are the Bidders herein and we carry on business at PARTNERSHIP, NOT USEVIEWING THE in partnership, FOLLOWING PARAGRAPH under the name of and (State Firm Name)
DOwe are the only members of such partnership.
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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 (DesignatedCOPY 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 indicatedSUBMIT 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 "HAVENOT NOT YET" TO BE STRUCK OUT AND INITIALLED VIEWING*** BIDDER TO WRITE IN THE NAME OF THE DESIGNATED “ COMPETENT PERSON ” DO
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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. COPY
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". SUBMIT SEVERALLY DECLARED before me at the } } of in } the Province of Ontario } } this day } Signing Officer of Company } of 20 }
AVIEWING Commissioner, etc. NOT DO
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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 COPYwork
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
SUBMIT 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. VIEWINGNOT DO
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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 RegCOPY 278/05
Asbestos Records
Asbestos Management Program
Building Surveys
Control considerations including management plan, encapsulation / encasement, enclosure, removal SUBMIT
Asbestos Waste Disposal
Environmental Protection Act Ontario Regulation 347
Packaging Waste
Transporting Asbestos
Legislation Requirements NOT VIEWING General Respirator Limitations
Types of Respirators
Parts of a Respirator
VisualDO 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.
COPY SUBMIT
VIEWINGNOT DO
PMMD Construction - V 1.0 – May 20, 2011 Page 3-8 Page 31 of 199 Section 3 – Tender Submission Package City Policies Submission Form Tender Call No. 21-2014 Contract No. N/A
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 CityCOPY 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 SUBMITCity 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 productsNOT offered have been made. City Council does not wish to seeVIEWING 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. DO Yes No
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PRICING FORM ITEMIZED PRICES
Replacement of Suspended Structural Slab at 1008 Yonge Street, Toronto
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", "-", or "tba" 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 Supplementary List of Prices Required for Extra Work form must also be completed. ______COPY
NAME OF CONTRACTOR: ______
The City reserves the right to award work identified for this Tender in whole or part should it be deemed in the interest of the City to do so. The City reserves the right to not award this Tender or any part of this Tender to the lowest or any bidder. In addition, the City has the right to reduce the scope of work and/or quantities from the Contract by theSUBMIT amount as indicated for each itemized price in whole or in part, as listed below.
The following itemized prices shall be INCLUDED in the Total Tender Price. These items do not necessarily represent all of the work specified in this Tender document. The itemized prices shall not include H.S.T.
Unit Prices: Unit prices for "CREDIT" shall be 100% of the Unit Price. "EXTRAS" shall be paid at the Unit Price. Note: Credit is any deletion from the Contract and Extra refers to any addition to the Contract.
Please Note: When any additionalNOT work to the contract is required, and agreed upon, a Change orderVIEWING will be issued for the additional cost, to be paid through the Contingency Allowance.
DO
Page 3-10 Page 33 of 199 Section 3 – Tender Submission Package Pricing Form Tender Call No. 21-2014 Contract No. N/A
A) CONTINGENCY ALLOWANCES (H.S.T. excluded) is an allowance for additional work that may be authorized by the owner. Do not add overhead, profit or any taxes to this amount when calculating the total bid price. $ 30,000.00
B) CASH ALLOWANCES (H.S.T. excluded)
Such are intended to cover the net cost to the Contractor of providing the pre- determined services, products, or for other authorized expenses specified for $ 15,000.00 material testing and site discovery repairs to mechanical-electrical services, (in addition to work prescribed in the base bid). The Total Bid Price, and not the Cash Allowances, shall include the Contractor's overhead, and profits, supervision on such Cash Allowances.
C) WORK SPECIFIED IN TENDER
It is agreed and understood that the following price will apply to the entire scope of work as specified in the Tender, technical specifications, drawings and all other contract documents. Include in each of these prices any and all costs associated with carrying out the entire scope of work, including all overheads, profits and statutory charges as applicable (HST excluded). COPY
Item ITEMS Unit Price No.
GENERAL
Mobilization/Demobilization (including pre-construction 1a) Lump Sum $______site survey and post construction drain survey) SUBMIT
1b) Work Area Protection and Dust Control Lump Sum $______
1c) Pre-construction and Post construction cleaning Lump Sum $______
SUSPENDED SLAB 2.1 Engineered New Shoring SystemNOT Lump Sum $______Relocation of Building Services to suit demolition and 2.2 Lump Sum $______VIEWINGshoring. Variety of pipe sizes. Removal of existing shoring and stockpiling in service 2.3 Lump Sum $______yard 2.4 DemolitionDO of suspended slab Lump Sum $______2.5 Disposal of concrete slab Lump Sum $______
Page 3-11 Page 34 of 199 Section 3 – Tender Submission Package Pricing Form Tender Call No. 21-2014 Contract No. N/A
Item ITEMS Unit Price No.
2.6 New Reinforcing Steel and sleeves for services Lump Sum $______
2.7 Splice Welding Reinforcing Steel Lump Sum $______
2.8 New concrete slab Lump Sum $______
Replacement of existing heat detectors and installation of 2.9 Lump Sum $______one additional detector
Localized repairs to concrete block, masonry walls, 2.10 Lump Sum $______inclusive of steel lintel over stair 2.11 New Elastomeric Waterproofing on Suspended Slab COPY Lump Sum $______C) GRAND TOTAL (Extended Prices of Items 1a to 2.11): $______
D) TOTAL TENDER PRICE (H.S.T. excluded) It is agreed and understood that the Total Tender Price $______is the total of line items identified in A, B & C: SUBMIT E) HST – 13% of (D) Total Tender Price $______
F) TOTAL TENDER PRICE (H.S.T. INCLUDED) Sums of (E) + (F) $______Copy this amount to the Tender Cover Page VIEWINGNOT DO
Page 3-12 Page 35 of 199 Section 3 – Tender Submission Package Mandatory Technical Submission Requirements Tender Call No. 21-2014 Contract No. N/A
MANDATORY TECHNICAL SUBMISSION REQUIREMENTS
This information should be provided with the Bid submission by the closing date and time. Should the Bidder not provide this information with their Bid submission, the Bidder shall provide this information within five (5) business days upon written request from the City. Failure of the Bidder to provide any/all of the information requested by the deadline provided will result in their bid being declared non-compliant. Failure of the Bidder to provide any/all information that meet(s) the requirements of this Section by the deadline provided will result in their bid being declared non-compliant.
1) LICENSED GENERAL CONTRACTOR
The Bidder must be a Licensed General Contractor in the province of Ontario. The Bidder must be able to provide licensing documentation that the Bidder is a Licensed General Contractor in the province of Ontario, to the satisfaction of the City.
Failure of the Bidder to provide the documentation requestedCOPY will result in the Bidder being declared non-compliant.
2) EXPERIENCE AND REFERENCES
The Bidder must provide five (5) projects with references, which they have successfully completed within the last five (5) years (ie. from January 2009 or later) in Ontario. Each project must be for Parking Garage Restoration involving the replacement of suspended structural concrete slabs and waterproofing. Each project must have also included shoring SUBMITand working around mechanical systems. Each project must be a minimum value of $500,000.00.
The City may contact any/all references provided. Contact information must be up to date. Failure of any reference to verify any/all information provided by the Bidder and/or that the work of the Bidder was performed in a satisfactory manner shall result in the Bidder's Bid being declared non-compliant.
The Bidder must complete and provide all of the following information for each project and reference:
NOT VIEWING
Project Experience and References continued on next page … DO
Page 3-13 Page 36 of 199 Section 3 – Tender Submission Package Mandatory Technical Submission Requirements Tender Call No. 21-2014 Contract No. N/A
Project No. 1
Facility Location(s)
Year Completed
Project Value
Scope of Work
Client (Name of firm / organization) Name of Reference COPY Reference's Telephone: Contact Information Email:
Project No. 2
Facility Location(s) SUBMIT Year Completed
Project Value
Scope of Work
Client (Name of firm / NOT organization) VIEWINGName of Reference Reference's Telephone: Contact Information Email:
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Project No. 3
Facility Location(s)
Year Completed
Project Value
Scope of Work
Client (Name of firm / organization) Name of Reference COPY Reference's Telephone: Contact Information Email:
Project No. 4 Facility Location(s) SUBMIT Year Completed
Project Value
Scope of Work
Client (Name of firm / organization) NOT VIEWINGName of Reference Reference's Telephone: Contact Information Email:
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Page 3-15 Page 38 of 199 Section 3 – Tender Submission Package Mandatory Technical Submission Requirements Tender Call No. 21-2014 Contract No. N/A
Project No. 5
Facility Location(s)
Year Completed
Project Value
Scope of Work
Client (Name of firm / organization) Name of Reference COPY Reference's Telephone: Contact Information Email:
SUBMIT
VIEWINGNOT DO
Page 3-16 Page 39 of 199 Section 4 – Scope Of Work Tender Call No. 21-2014 Contract No. N/A
SCOPE OF WORK
The Contractor shall furnish all labour, materials, equipment and supervision for the Replacement of Suspended Structural Slab at 1008 Yonge Street, Toronto in accordance with the specifications and drawings. Note that the specifications, drawings and other contract documents shall be read in conjunction to each other. Discrepencies between drawings and/or specifications and other documents must be identified during the bidding process.
This project shall include, but not necessarily be limited to the short summary below:
.1 In general, the scope of work for this project involves the replacement of the existing suspended structural slab over the basement boiler room within Building C.
.2 Provide construction fencing and signage to safely re-route the occupants and vehicles away from, and/or direct the occupants through the Construction Zone.
.3 The buildings and service yard shall remain in operation during the work.
.4 In particular, the suspended slab replacement scope of work includes, but is not limited to, the following: COPY .1 The existing structural slab has been partially demolished and is currently supported by shoring from below. It has been modified to provide 32" wide access for building service personnel, and must be assumed that it is not designed for subsequent demolition of suspended slab activities. The existing shoring shall be replaced to suit full demolition of suspended slab. The Contractor shall stock pile the existing shoring within the servie yard for pick up by others. The Contractor shall provide a new engineered shoring system, inclusive of the specified diagonal wall braces, designed to accommodate the 32" wide access route for building service personnel to the various items of equipment and rooms.SUBMIT It shall be assumed during regular working hours by the Contractor that access to the boiler room may be restricted, however, in the event of an emergency such as a building service malfunction, that safe access shall be provided immediately for bulding service personnel. After hour access of building service personnel shall be accommodated. Note that there are some control valves along the exterior wall above the suspended slab that may require access during an emergency, therefore, the Contractor shall ensure after hour safe passage as necessary.
.2 The Contractor shall provide at all times, three sets of personal protective equipment (PPE) for use by building service contractors as necessary, stored in a temporary weather-proofNOT box mounted to the brick wall adjacent to the boiler room access door, clearly labelled for emergency use only by service personnel. The VIEWINGContractor shall be responsible for maintaining the PPE in a clean condition. (Boot sizes 10 and 12)
.3 Note that the existing building services shall remain in full operation as required by weather conditions and/or building operations. The Contractor shall ensure protection of equipment during construction permits on-going equipment operation. DOThe temporary relocation of exposed services to accommodate the demolition of the suspended slab and construction of new slab shall be part of the base contract and not subject to claim for additional expenses.
Page 40 of 199 Section 4 – Scope Of Work Tender Call No. 21-2014 Contract No. N/A
.4 The Contractor shall remove the existing construction fencing within Building C and the fence components stock piled within service yard for pick up by others. The Contractor shall provide new construction fencing as necessary to their work zone. It shall be assumed that the existing north overhead vehicle access door can be used by the Contractor, note that the overhead door security is operated from the interior. The construction fencing shall not encroach more than 3 ft into the opening of the west overhead door opening.
.5 The Contractor shall remove the existing orange tarpaulen sand stockpile it in service yard for pick up by others. The Contractor shall provide a new dust-tight enclosure, complete with necessarydurable access point(s). The type of repeat- access opening shall be similar to systems available by industry providers. Note the high-level ceiling configuration of beams and services. The control of dust such as during concrete demolition shall be expelled to the north side of the building via the existing window and controlled to prevent dispersion towards Building A, and into any adjacent openings or ventilation equipment. Make good any damages to the existing window assembly. Note the security system monitoring the window.
.6 Prior to commencing any site work, the Contractor shall completely clean all surfaces within the boiler room and the interior open area for vehciles, inclusive of upper windows and the interior of electricalCOPY panels and electrical equipment in building NE corner (to be done by electrician). At the completion of the project, the Contractor shall repeat the same cleaning procedures. The Contractor shall ensure that the underground tunnel is sealed from dust prior to start of work, and the dust barrier shall incorporate zippered access man door. Prior to the start of work, the existing equipment and controls within the open air vehicle area and the boiler room shall confirmedby the City to be fully operational or the operational status at time of review. The Contractor shall be responsible for maintaining equipment in clean operating condition. SUBMIT .7 The Contractor shall conduct a pre-construction survey of the existing building and provide photographic record of existing conditions, inclusive of adjacent wall finishes and equipment
.8 The partial demolition of the existing structural slab has occurred up against the main vertical sprinkler pipe and large electrical junction box mounted to the underside of the slab. Both systems fully operate. The Contractor shall replace the junction box with a new junction box to be located on the adjacent brickstair wall (boiler room side), complete with all wire and conduit extensions.
.9 The Contractor shall protectNOT and maintain all other building services penetrating the VIEWINGsuspended slab.
.10 The partial demolition of the existing structural slab has occurred directly over the yellow gas lines within the sloped slab area at the north access overhead garage door. Relocation of the gas lines directly below the suspended slab is required however, it may not be possible and the Contractor shall take all necessary measures to ensure the gas lines are protected during subsequent concrete DOdemolition, and to ensure temporary gas leak monitoring is incorporated with audible and visual alarms to be located in boiler room and within the vehicle storage area. Relocation of the gas line elsewhere is at the discretion and cost of the contractor in regard to construction and site safety.
Page 41 of 199 Section 4 – Scope Of Work Tender Call No. 21-2014 Contract No. N/A
.11 The existing complex pipe system within the boiler system is tight to some existing structural slab components and shall be relocated, complete with all new fittings, supports and insulation as necessary to accommodate the new slab shoring and the diagonal bracing, remaining slab demolition and the installation of new suspended concrete slab,. Note that the cost of such modifications to the building services, inclusive of short term one-day shut-offs shall be part of the base contract and not be expensed through cash allowances. No additional costs shall be allowed for building service relocations. The Contractor shall carry the cost to consult with and/or retain the serivces of the existing building service contractors for modifications and tie-in to existing building services in order to prevent reduction in the performance of the systems. Make good any damage to existing building service components, such as but not limited to pipe insulation.
.12 The Contractor shall provide shop drawings of any modifications to the existing building systems, detailing materials, sizes, routing for review by the City. Modifications shall not occur until authorization to proceed is given. Written approval by the Consultant shall be required for any relocation of services or tie-in of new equipment to existing circuits.
.13 The three existing heat detectors shall be replaced and one additional heat detector included, complete with tie-into existing system.COPY Test shall be by the existing fire alarm service contractor. Note that there are additional security and monitoring devices within the existing orange tarpaulen-enclosed suspended slab area.
.14 The existing electrical system of conduits and junction boxes secured to the underside of the existing slab and beams shall be relocated to accommodate the demolition of slab and installation of new slab. In general, for any modification to the building services, the rough-in shall be completed prior to short term (maximum 8 hour period) shut-down to tie-in new work to existing system. SUBMIT .15 The existing drains and sump pit have been cleaned and are fully operational. The Contractor shall provide appropriate debris dams and covers to all sump pits and drains in order to prevent demolition and construction debris from entering the drain and sump pit systems. At the completion of the project, the Contractor shall clean the drain system, inclusive of power washing the exterior catch basin adjacent to the east gate, and the main drain pipe from catch basin to the street connection beyond the gate (note this main drain pipe passes across the tunnel at mid-point). The Contractor shall submit a video survey of the cleaned drain system as proof of cleaning.
.16 The existing slab on-gradeNOT in Building C has a deteriorated traffic membrane and VIEWINGdrain system. The removal of the existing membrane shall be by others after this project is complete. The Contractor shall apply new waterproof membrane to the new suspended slab and it shall extend two feet onto adjacent slab on grade.
.17 The partial demolition of the suspended slab has disturbed the wall assembly and steel lintel above the stair. Re-set and repoint the concrete block and/or masonry units and re-point mortar as necessary. Wire brush loose paint and apply white DOconcrete primer paint to localized wall assembly paint finish and new components.
Page 42 of 199 Section 4 – Scope Of Work Tender Call No. 21-2014 Contract No. N/A
.18 In regard to the specified new elastomeric vehicular traffic topping, note that the upturn onto painted walls and components penetrating the slab shall require wire brush removal of paint to provide solid adhesion of new topping.
.19 The Contractor shall include all material and labour costs to deal with the hazardous materials identified in the 2013 Pre-Renovation Designated Substances Report that indicates sealant may contain asbestos, concrete contains silica, paint contains high lead level content, and fluorscent fitxtures may contain BCP's. The report is included in the Tender document.
.20 The Building Permit has been approved and shall require revision of contact information to identify the Successful Bidder (Contractor). The Contractor shall contact the Building Department authorities to coordinate all necessary reviews and close out of building permit. The Contractor shall be responsible for obtaining all other permits and approvals by authorities having jurisdiction.
.21 The Contractor shall obtain Notice of Project and post on-site.
.22 There is no on-site parking for the Contractor.
.23 There is limited on-site space for storage of COPYmaterials and shall require review with the stakeholder City Division, Solid Waste Management Services, regarding impact on their daily operations.
.24 The Contractor shall provide their own washroom facilities within their work zone.
.25 The stakeholder operates from 6:30am to 4:00 pm. The Contractor shall not interfere with the site operation activity associated with the 7:00 am and 2:00 pm vehicle activity within the service yard and Building C. SUBMIT .26 The Building C interior service garage area (excluding the tarp and fence enclosure of the suspended slab area) shall remain in full operational use by the stakeholder and the Contractor shall not interfere with the daily operations by temporary storage of materials. Should use of a part of the floor area be required on a short term basis, the Contractor shall request in writing to the Consultant and Project Manager, a minimum of three (3) working days in advance.
.5 Communication:
All work shall be done in conformance to the Tender documents and applicable standards, regulationsNOT and OHSA. Changes to the scope of work and schedule VIEWINGshall be formally requested through the Contractor to Consultant and City Project Manager for approval. The Contractor and his staff shall not take any direction from site staff, except for immediate daily issues associated with security requirements, and any such requests shall be subsequently followed up in writing to the DOappropriate point person: the Consultant or Project Manager.
Page 43 of 199 Section 4 – Scope Of Work Tender Call No. 21-2014 Contract No. N/A
.6 Constructor Role:
The Contractor is the Constructor and fully repsonsible for their work zone(s) and site safety.
.1 The Contractor staff shall not associate with any site staff. Weekly coordination meeting shall require discussions and distribution of approved schedule/activities. It will be the Contractor’s responsibility to co-ordinate this work at a time suitable to the Client/Owner.
.2 The Contractor shall provide a sufficient crew to work continuously from start of project to completion. There shall be no random periods of cessation/ no site activity of crews. Continuous and progressive operation shall be carried out until the work is completed.
.3 The Contractor shall provide their corporate safety policy and their site-specific safety plan and procedures.
.7 Construction Schedule: COPY .1 The anticitpated date of contract award is May 15, 2014.
.2 The project shall be completed by July 4, 2014.
.3 The Contactor shall within ten (10) working days of the issuance of a Purchase Order, attend a pre-construction meeting on-site with the Owner and Consultant.
.4 The Contractor shall within ten (10) working days of the issuance of a Purchase Order, conduct a detailed pre-contruction photographic/videoSUBMIT survey of the entire work area. The survey information shall be presented in a report format and a copy provided to the City prior to start of construction.
.5 The Contractor shall within twelve (12) working days of the issuance of a Purchase Order, submit a preliminary schedule showing key milestone dates and strategic mobliization and sequential work plan. The Contractor shall revise the schedule and re-submit a final schedule within three (3) working days of receipt of comments.
.6 The Contractor shall within ten (10) working days of the issuance of a Purchase Order, submit their company safety policy and site specific safety policy for review. The Contractor shall NOTrevise site specific policy to resolve any questions posed by VIEWINGthe Project Manager. The Contractor shall provide one bound final copy to the Project Manager and one copy on-site for reference by any party.
.8 Drawings will be available on CDs for Bidders who have purchased the Tender document. Vendors must obtain a copy of the CD from the Tender Office of the Purchasing and Materials Management Division, 19th Floor, West Tower, Toronto City Hall, 100 Queen Street West. Bidders who purchased the Tender document online DOmust provide proof of purchase of the Tender document in order to obtain a copy of the CD.
Page 44 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 1 Project No: 13Y105-094A INVITATION TO BID – SECTION 00 11 16
Pages SPECIFICATIONS
DIVISION 1 GENERAL REQUIREMENTS
Section 01 00 00 General Requirements 1-6 Section 01 11 00 Scope of Work 1-6 Section 01 32 19 Submittals 1-3 Section 01 35 13.01 Special Project Procedures - Parking Structure 1-1 Section 01 43 39 Mock-ups 1-1 Section 01 78 36 Warranty 1-1
DIVISION 2 EXISTING CONDITIONS
Section 02 41 16.01 Structure Demolition 1-3
DIVISION 3 CONCRETE
Section 03 01 30.40 Reinforcing Steel 1-3 Section 03 31 00 Structural Concrete 1-8 COPY DIVISION 7 THERMAL AND MOISTURE PROTECTION
Section 07 14 13.01 Elastomeric Vehicular Traffic Coating 1-5
DRAWINGS
EMBEDDED DETAILS
Section 01 11 00 Scope of Work SUBMIT EL1-A1 Construction Protection System
Section 07 14 13.01 Elastomeric Vehicular Traffic Coating
EST3-C7 Elastomeric Membrane Upturn
APPENDED DETAILS
PROJECT PLANS
S200 Ground Floor Framing Plan NOT
TYPICALVIEWING DETAILS
S100 General Requirements and Typical Details S101 Typical Details
DO
Page 45 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 1 Project No: 13Y105-094A GENERAL REQUIREMENTS - SECTION 01 00 00
PART 1 - GENERAL
1.1 General
.1 Accept instructions only from the Consultant and/or sources designated by the Consultant.
.2 The building shall remain in use in areas not immediately affected by the work. Ensure that normal building operations and maintenance may be carried out without disruption, except as otherwise noted herein or stated in the Bid.
.3 Work shall be allowed only from 8:00 a.m. to 5:00 p.m., Monday to Friday.
1.2 Protection of Work, Property and Persons
.1 Supply, install and maintain a construction barrier around work area as per L1-A1:
.1 Interior: polyethylene of white plastic (barrier/dust protection) COPY .2 Maintain all emergency and service access routes clear at all times. Provide barricades and signs necessary to direct vehicular and pedestrian traffic around construction areas at all times.
.3 Before commencing work, identify all paths for dust, fumes or odours generated by the work to penetrate interior spaces. These shall include make-up air intakes, ventilation/exhaust openings, doors, windows, and pipe or cable penetrations. Take measures such as enclosing, sealing and/or providing sustained negative pressure to prevent dust, fume or odour ingress. If required, coordinateSUBMIT temporary shut-down of mechanical equipment by Owner.
.4 Be responsible for damage caused or clean-up required by dispersion of dust generated by the work.
.5 Before commencing work, inspect all building components, including drains, lights, windows, screens, doors, etc. within the area of the work. Submit a written list if there is existing damage, or items not functioning.
.6 Receive, be responsible for, and promptly arrange all details of compensation for all damage existing after the work which was not recorded prior to the work. Unless dealt with promptly by the Contractor,NOT the Contractor will be responsible for costs for time of Owner's VIEWINGor Consultant's personnel and other costs incurred for claims not handled by the Contractor. This includes costs for correction of deficiencies paid for by the Owner.
.7 The Contractor shall assume all responsibility for any damage resulting from the use of the building’s drainage system to dispose of construction water irrespective of the drain system condition. DO
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.8 For work requiring interior building access, ensure no combustible materials (e.g. cardboard, wood, plastic, other debris) are placed or stored in means of egress including hallways, stairwells, and fire escapes.
.9 Ensure the building envelope affected by the work is made water-tight prior to adverse weather, and at the end of each day, to prevent interior leakage.
1.3 Progress of Work and Schedule
.1 Monitor compliance with the contract schedule on an ongoing basis.
.2 At no time shall the size of the work crew be decreased from the size indicated on the project schedule.
.3 Should unusual weather or other unforeseen conditions affect the project schedule, submit a revised schedule to reflect approved changes to the project schedule.
.4 If the Staff at the City of Toronto Facilities Operation South District or Consultant, at any time, considers the number of workers, equipmentCOPY or materials to be insufficient to maintain the Contract schedule, the City of Toronto Staff, through the Consultant, may, in writing, order the Contractor to work weekends/and or additional hours or provide additional workers, equipment, or materials as the Owner and Consultant may think necessary and in such longer period as may be fixed by any such order at no additional cost to the City in order that the Work be performed according to the terms of the Contract. Should the Contractor fail to comply with the order, the Contractor shall be considered to be in default of the Contract.
.5 Should the Contractor fail to meet the project schedule SUBMITas a result of conditions under their control, the City reserves the right to deduct costs for additional time required by the Consultant from amounts owed to the Contractor.
.6 Where temperature sensitive work must take place and environmental conditions are not likely to be within the specified limits, and where it is not feasible to provide heat (as agreed to by the Contractor and Consultant), and where the Manufacturer has provided the Contractor with approval to proceed with the work, proceed only with written authorization from the Consultant. At least five days before the work is to take place, submit Manufacturer’s written instructions to the Consultant. The Manufacturer’s written instructions must include the revised environmental condition limits, details of required modifications to products or application procedures, and risks associated with proceeding under the revised conditions.NOT The Consultant is not obliged to authorize the change. VIEWING 1.4 Project Supervision and Coordination
.1 Ensure that a qualified foreman, capable of communicating effectively in the English language, familiar with the requirements of these specifications, is on site at all times, including during subcontractors’ activities. DO
Page 47 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 3 Project No: 13Y105-094A GENERAL REQUIREMENTS - SECTION 01 00 00
.2 Be aware that the breakdown of the specification into sections does not represent any actual division of the work. Be responsible for coordination between items of work which would be covered under separate specification sections. Coordinate and be responsible for the work of the various sub-trades.
.3 Take reasonable measures to control noise, dust, smoke, and odours during construction. Control execution of all work to minimize interference of occupants' use of the building. Be responsible for workers' activities while on the site.
.4 Conform to all By-Laws and all Legislated requirements including those related to labour, noise and the environment.
.5 Maintain at the job site one copy, including all amendments, of each of the following:
.1 Contract drawings and specifications .2 Site Visit Reports issued by Consultant .3 Additional Drawings issued by Consultant .4 Contemplated Change Orders and Change Orders .5 Material Test Reports COPY .6 Accurate daily records of all work performed, weather and labour force .7 Manufacturer's specifications for all products to be used .8 Proof of WHMIS training for all site personnel .9 Product data sheets to meet the WHMIS requirements .10 Occupational Health and Safety Act and Site Specific Safety Plan .11 Shoring Design .12 Approved Shop Drawings
.6 Notify all staff and sub-contractors that the Contractor isSUBMIT entirely responsible for site safety. No actions or lack of action by the City or Consultant shall be deemed to be an instruction related to safety of the workplace.
.7 Drawings are, in part, diagrammatic and are intended to convey the scope of work and indicate general and approximate locations and arrangement of work. Obtain more accurate information about locations, arrangements and sizes from actual conditions on site.
.8 When site conditions require reasonable changes to the drawings, obtain the Consultant's approval prior to making such changes.
1.5 Applicable Laws, Regulations NOTand Standards
VIEWING .1 Perform all work in accordance with current Code requirements and local and municipal by-laws.
.2 All Standards referred to shall be the current editions as amended at the date of issue of Contract Documents.
.3 TheDO Contractor is responsible for obtaining and paying for all building permits, street permits, power line protection, damage deposits, etc., as required.
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.4 The Contractor is responsible for notifying the proper municipal inspector in advance (as specified by the inspector) to complete review of any project component the local municipal authority requires. Ensuring that correct municipal reviews are completed shall be solely the Contractor's responsibility. Additional work to expose or re-do uninspected work shall be completed by the Contractor at their expense.
1.6 Substitutions
.1 Submit in writing, using the Request for Substitution form approved by the Consultant, any requests for substitutions to materials and/or installations specified and/or stated in the bid documents, at least ten working days prior to the intended application.
.2 Submit information regarding the proposed substitution, including the reason for the change, the benefit to the Owner, manufacturer data sheets, independent test reports, performance differences compared with the specifications, and the amount of credit offered.
.3 Should the number of Requests for Substitutions be unreasonable, the Consultant may refuse to consider further requests unless the ContractorCOPY agrees to pay for the Consultant’s evaluation. The agreed fee will be deducted by the Owner from the amounts owed to the Contractor and paid to the Consultant.
1.7 Project Meetings
.1 At least one week prior to start of work, attend a meeting between the Consultant, the City’s representative and the Contractor's Project Manager and Site Superintendent to discuss the work. SUBMIT .2 Attend regular site meetings with the Consultant, the City’s representative at a mutually agreeable time for the discussion of progress of the work and to resolve any difficulties.
1.8 Quality Assurance
.1 Make all measurements required to perform the work. Determine site dimensions and levels so that all new work is installed to correct sizes.
.2 Maintain all work completed or in progress in its condition as accepted.
.3 All work shall meet or exceed the more stringent of the manufacturer's requirements or the requirements of this Specification.NOT VIEWING 1.9 Construction Review
.1 The Contractor shall notify the Consultant and inspection and testing agents not less than 48 hours prior to each part of work being ready for review or testing. Work which requires review or testing shall not be performed on weekends or holidays unless previously agreed to. DO
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.2 The Contractor shall be responsible for payment of costs if the work is not ready when stated and if the Consultant and inspection and testing agency are not given sufficient notice of such delay.
.3 The City reserves the right to deduct from the Contractor amounts for extra inspection and testing by the Consultant as required for certification of payment of work done to repair a deficiency.
1.10 Temporary Facilities
.1 Provide a means of direct communication with the site to permit continuous contact on a daily basis.
.2 Provide temporary sanitary facilities and maintain in a sanitary condition. Site facilities shall not be used by the Contractor's forces.
.3 Temporary electrical power for hand held equipment will be provided free of charge by the Owner. Arrange and pay for any usage and connection costs required for all other equipment. Do not connect to the building's powerCOPY supply without written permission of building management.
.4 The existing water supply from existing hose bibs at the site may be used free of charge. Any water required in excess of this supply shall be metered and paid for by the Contractor. Be responsible for connecting to the existing services. Do not use fire system without written permission of building management. Advise Building Operations/Property Management of any procedures that may cause fire alarms to activate.
.5 With the exception of safety/instruction signs and notices,SUBMIT no signs or advertising shall be permitted on the site or equipment except as authorized by the Owner. Safety/instruction signs and notices shall be posted in accordance with current Code requirements and local and municipal by-laws. Maintain approved signs and notices in good condition for duration of work.
1.11 Materials and Equipment
.1 Deliver all materials to the site in their original unopened containers, with labels intact. Where applicable, check material expiry dates. Immediately dispose of all materials older than their expiration date away from the site.
.2 Store all materials and equipmentNOT in accordance with manufacturer’s written
VIEWINGrequirements, and in a dry, secure and protected manner which will not overload the structure and shall prevent vandalism or unauthorized use. Storage locations shall be approved in advance by the Owner.
.3 Be responsible for the security of all materials and equipment. Make no claims for theft or damage to the Owner.
.4 Non-specifiedDO materials shall not be brought to site. Remove any non-specified materials from site within 24 hours upon request by the Consultant.
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1.12 Waste Management
.1 Unless otherwise specified, salvaged material resulting from the Construction shall become the property of the Contractor who must dispose of it away from the site in a timely manner. Storage locations shall be approved in advance by the City Staff.
.2 Separate recyclable and toxic waste materials from the waste stream. Deliver to a local waste management facility.
1.13 Deficiencies
For any deficiencies in the work, the Contractor shall submit a written proposal for the repair of the deficiency. If engineering design is required, a qualified Professional Engineer shall be engaged by the Contractor. All testing required shall be paid for by the Contractor.
1.14 Project Closeout
.1 Flush clear all drains affected by the work. COPY
.2 Clean site of all materials and debris created by the Construction. Power wash all ceilings, walls and floors adjacent to the work of dust and materials generated during the work.
.3 Submit written acceptance that utility companies have inspected services to their satisfaction. .4 Attend a final walk-through with the City Staff and Consultant. The Consultant will record identified incomplete and deficient work on a punchlist. SUBMIT .5 Make good all known deficiencies in the work.
.6 Notify Consultant of readiness for final inspection only after completion of these items.
.7 The Consultant will review completion of punchlist items during one review. Additional reviews required to check un-rectified deficiencies or work that remains incomplete will be charged back to the Contractor. These charges will be deducted by the Owner from the Contractor’s progress payments and paid from those funds to the Consultant.
1.15 Emergencies
.1 In an emergency affectingNOT or threatening the safety of life, the work or adjoining property,
VIEWINGthe City Staff and Consultant have authority to stop the progress of the work.
.2 Provide the City Staff and Consultant with the name and telephone number of a person that is available and may be contacted during off hours, weekends and holidays in case of emergency.
DO End of Section 01 00 00
Page 51 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 1 Project No: 13Y105-094A SCOPE– SECTION 01 11 00
1. OBJECTIVE
Work under this contract is to replace the interior suspended roof slab above the basement boiler room at Building ‘C’. This work is being done in order to maintain property standards and restore structural integrity.
It is the intention of the City of Toronto to commence and complete the project as soon as possible. The schedule shall be strictly enforced
2. SCOPE OF WORK
The work includes, but is not limited to, the following:
2.1 General (Section 01 00 00 and 01 35 13.01)
.1 Interior Construction Barrier: Supply, install and maintain a construction barrier to enclose the interior work area at all times. Provide secure framing and seal all joints. Construct as per detail below. COPY SUBMIT
VIEWINGNOT DO
Page 52 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 2 Project No: 13Y105-094A SCOPE– SECTION 01 11 00
COPY SUBMIT
L1-A1: Construction Protection System
.2 Access: The work must be completed as soon as possible. The building interior affected by this work will be closed to vehicle and pedestrian traffic for the full duration of the project. The Contractor is responsible for securing the work area from unauthorized access. Access and traffic flow to the remainder of the building, however, must be maintained at all times. Provide signage as necessary to redirect all traffic flow as necessary. NOT VIEWING.3 Traffic Flow: Access for the emergency routes, and parking in areas not affected by the work must be maintained at all times. Supply, install and maintain, signage as necessary.
DO
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.4 Site Preparation (Section 01 35 13.01 and 02 41 16.01):
.1 Electrical and Mechanical Systems to Remain in Service
Prior to beginning any concrete removals, meet with the Owner’s electrical and mechanical contractors and operations personnel to identify and map-out all known services (embedded and surface mounted) within the work areas. The Contractor shall confirm in writing that this has been completed.
Protect the following systems which must remain in service for the duration of the project:
- Boiler in the basement - Sprinkler piping/heads at the roof level - Lighting system at the roof level - Building fire alarm systems - All electrical and mechanical systems servicing the buildings(including but not limited to telephone/cable lines, and all COPYpiping for building water supply and drainage) - All natural gas lines - All related wiring and mechanical piping for systems noted above - Any additional services noted by the City’s representative or not buried in the slab
Any disruption of services to the building must be planned, minimized and coordinated with the City’s representative. The Contractor shall submit a proposed work plan for protection of services to the consultant one week prior to any protection/removal activity and before the removalSUBMIT of the remaining concrete above the basement boiler room. The work plan shall include protection/removal activities, any required shutdowns of services including duration, and plans for notification of user groups/authorities having jurisdiction. Once the work plan is approved by the consultant and the City’s representative in writing, the Contractor can proceed.
Where necessary, the Contractor is responsible for providing temporary supports for the above systems in order to facilitate the work. Protective bars and cages may be removed, stored, and protected as necessary in order to facilitate the work. The Contractor is responsible for reinstalling any removed bars/cages. Also, provide access to the equipment as necessary for maintenance purposes.
Coordinate with the City’sNOT electrical and/or mechanical contractor as required. VIEWING .2 Garage Electrical and Mechanical Systems to be Temporarily Disconnected
Unless noted in paragraph 2.1.5.1, coordinate with the Owner’s electrical and/or mechanical contractor to temporarily disconnect, and remove all other electrical and mechanical systems. Protect and store all systems which must be re-installed upon completion of repairs (e.g. lighting fixtures, overhead/garage doors, and signage). DODispose of all other systems and related conduits/wiring in the slab which will be replaced upon completion of the repairs.
Page 54 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 4 Project No: 13Y105-094A SCOPE– SECTION 01 11 00
.3 Existing Shoring in Boiler Room
Shoring is currently installed in the boiler room. The Contractor is responsible for removing and storing the shoring, hoarding, and related components. Prior to removing the existing shores, the Contractor is responsible for ensuring the slab is shored with their shoring system.
.5 Shoring (Section 03 01 30.30): Provide temporary support for the existing structure (including slabs, stairs, foundation walls) to ensure that the building and site are maintained in a safe condition. Shoring is to include temporary lateral column and wall support where the roof slab above the basement boiler room is removed. Shoring design shall be prepared by professional engineer licensed to practice in the province of Ontario. As a minimum, the Contractor is to have his shoring engineer visit the site to review and provide written acceptance for the shoring installation at the following stages:
.1 When shoring is installed, prior to the start of any removals (slab and all other concrete repairs); .2 Every time the Contractor changes or moves shores; and .3 At formwork erection. COPY
Contractor to include for checking the adequacy of the slab-on grade to support the shoring. Include local concrete slab-on-grade and wall patch repairs at all lateral brace plate locations.
2.2 Suspended Slab Replacement Concrete Repair (Sections 03 31 00.00, 03 63 00.00, and Section 07 95 13)
The following section applies to roof slab above the basementSUBMIT boiler room:
.1 Remove and Replace roof slab above the basement boiler room: Remove and dispose of the full suspended slab per SK-1.
Supply and install vertical and lateral shoring/bracing prior to starting any removals. Mark-out lap lengths from slab perimeter to ensure existing perimeter dowels, column and beam reinforcement are maintained. Do not proceed with removals until shoring and bracing is reviewed by the Consultant and Shoring Design Engineer. The concrete removals shall be completed in such a manner as to:
.1 maintain slab and column perimeter steel dowels of sufficient lap length for new steel; and NOT VIEWING.2 maintain existing perimeter steel for laps to new steel. Reinforcing steel at the perimeter of the work area is not to be cut unless approved in writing by the consultant. Contractor will be solely responsible to replace, at their own cost, perimeter steel cut in error with new epoxy coated dowels.
Removals from the tops of foundation walls shall be made to accommodate the new slab thickness. The Contractor shall be responsible for surveying the thickness of the existing suspendedDO slab to determine the required depth of removals.
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.2 Formwork Installation: Supply and install all required formwork including additional, shoring, bracing and reinforcement, to undertake concrete placement.
.3 Corrosion Inhibitor: The concrete mix for slab replacement work shall include a corrosion inhibitor:
.1 Minimum solid calcium nitrate dosage: 4 kg/m3 .2 To calculate the minimum calcium nitrate solution dosage (litres/m3): 4kg/m3/(Specific Gravity of the solution x fraction of calcium nitrate in the solution). Note that the Specific Gravity of the solution and fraction of calcium nitrate in the solution are to be recommended by the manufacturer.
.4 Replace Concrete: Supply and place concrete for the suspended slab in accordance with structural drawings.
2.3 Reinforcing Steel Repairs (Section 03 01 30.40)
.1 Slab Replacement COPY .1 New Reinforcing Steel: Prepare new steel layout shop drawings and bar lists for the roof slab replacement, and support beams, based on structural drawings, for Consultant review, and revise as required. Supply and install new slab top and bottom mat black steel as detailed.
.2 New Integrity Steel: Supply and place new epoxy coated dowels through all columns, and shear walls, epoxied using Hilti HIT-RE500 adhesive per project details.
.3 Perimeter Dowels: As directed by the Consultant, supplySUBMIT and install new epoxy coated steel dowels. Use Hilti HIT-RE500 adhesive with minimum 150mm embedment into parent concrete. Exposed portion of all existing dowels are to be epoxy coated on site. Additional epoxy coated dowels required at Consultant’s direction for perimeter tie- ins, shall be based on unit price per dowel installed.
2.4 Waterproofing
.1 Elastomeric Waterproofing System Replacement
.1 Install new Elastomeric Waterproofing System (Section 07 14 13.01): Supply and install new elastomeric traffic deck waterproofing system on slab including all surface preparation, placementNOT of new bonded system, detailing at cracks, columns, walls, VIEWINGjoints, pipe penetrations, and as necessary. Include wear course over entire slab as specified. Terminate waterproofing at 150mm onto slab on grade with neglect. At all slab penetrations, mechanically roughen concrete to a 6.4mm pitch and provide 150mm x 150mm concrete curbs to upturn traffic deck coating. Include initial membrane band along all slab shrinkage cracks (prior to full waterproofing) as specified herein and per membrane manufacturers’ recommendations. Refer to DOdrawings ST3-E2 for crack detail.
Page 56 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 6 Project No: 13Y105-094A SCOPE– SECTION 01 11 00
.2 Install joint sealant and backer rod (Section C on Drawing S200): Supply and install new joint sealant and backer rod to seal gap between new slab and existing brick wall. Use extruded ployolefin foam backer rod 25% larger than the joint width. Use joint sealant as per membrane manufacturers’ recommendations. .3 Water Test: Upon completion of repairs, water test all repair areas to confirm the completeness and effectiveness of the waterproofing. Make good all deficiencies.
2.5 Electrical and Mechanical Systems
Unless otherwise specified, re-install all electrical and mechanical services to match existing. Include for new surface mounted conduit/wiring and related piping as necessary to reconnect the lighting and fire alarm system.
.1 Inspection: Following installations, arrange for third party inspection to re-verify the function of all systems (i.e. ESA, fire safety inspection, etc.).
End of Section 01 11COPY 00 SUBMIT
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Page 57 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 1 Project No: 13Y105-094A SUBMITTAL SCHEDULE - SECTION 01 32 19
PART 1 - GENERAL
1.1 General
The table below outlines the items to be submitted to the Consultant. The following notes apply for each submittal: .1 The term "Engineered" refers to a submittal designed/reviewed by a Professional Engineer who is technically knowledgeable in the area of work and is registered to practice in the place of work. Drawings must be sealed and signed by the Professional Engineer.
.2 Samples reviewed by the City's representative/Consultant will be the standard for those materials. Material substitutions without prior written acceptance are not permitted. Allow extra time in the submitted schedule for colour matching materials, approval of samples and mock-ups, and delivery of accepted products to site. .3 Do not proceed with ordering the materials or fabrication until approval is received in writing. In the case of shop drawings submitted for review, do not proceed with fabrication until the drawings have been returned as "reviewed as Noted" or "Reviewed". If the Contractor proceeds with the work before approval is received, the Contractor is responsible to correct any damage or defectsCOPY at no cost to the Owner. .4 Engineers preparing any design, including shop drawings required by these specifications are required to have Professional Liability Insurance in the amount of at least $1 Million Dollars. The Contractor shall submit proof of their Engineer's insurance and a copy of their Certificate of Authorization with the project start-up documents.
1.2 For Shop Drawings: .1 Review of drawings by the Consultant does not relieve the Contractor of responsibility for the design adequacy and safety. .2 Drawings shall be clearly legible and are to illustrate all componentsSUBMIT that are a part of the system, such as the overall size and openings of the assembly. Where necessary, provide plans, vertical and horizontal sections and enlarged details to clearly illustrate components and other associated information. Information in shop drawings shall include material, thickness of all components, anchorages, construction method and finishes.
.3 When required by the Consultant, the Contractor shall attend a meeting at the Consultant's office to discuss the shop drawings and to review their content. The shop drawings shall be submitted a minimum of one week prior to the meeting. The intent of the meeting will be to discuss/confirm the shop drawing and project requirements.
.4 If required, revise the shop drawings as noted/discussed. Proceed with the mock-up once revised drawings are approved by the Consultant. NOT .5VIEWINGAfter the meeting and the completion of the mock-up, revise shop drawings as required and submit three copies of shop drawings.
PART 2 - REQUIRED SUBMITTALS Related SectionDO Description Time N/A N/A Workplace Safety and Insurance Board Before Mobilizing on Site Clearance Certificate
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Related Section Description Time
N/A N/A Notice of Project Filed With Ministry of Labour as Before Mobilizing on Site required by The Occupational Health and Safety Act N/A N/A Outline of Construction Safety Manual Before Mobilizing on Site
N/A N/A Names of Trained Site Safety Personnel Before Mobilizing on Site
N/A N/A Proof of WHMIS Training for Site Personnel Before Mobilizing on Site
N/A N/A Names of Project Superintendent and Site Before Mobilizing on Site Foreman N/A N/A Emergency Telephone Number Before Mobilizing on Site
N/A N/A List of Proposed Hazardous Materials Before Mobilizing on Site N/A CCDC Automobile Liability CertificateCOPY of Insurance Before Mobilizing on Site
00 73 02 Supplementary Conditions General Liability Certificate of Insurance in CSIO Before Mobilizing on Site or equivalent format with named as additional insured 01 00 00 General Requirements Schedule with details of each aspect of the work Before Each Progress Draw (Used to Verify Quantities) 01 00 00 General Requirements Building Permit Before Mobilizing on Site 01 00 00 General Requirements Professional Liability Insurance and SUBMITCertificate of Before Mobilizing on Site Authorization for Shoring Engineer’s Engaged by the Contractor (If applicable)
01 00 00 General Requirements Pre-existing Deficiencies in work areas. If one is Before Mobilizing on Site not submitted, the Contractor is responsible for addressing the deficiencies if the Consultant suspects the deficiency may have been caused by the work. 02 41 16 Structure Demolition Engineered Demolition Drawings providing Before Commencing on the diagrams and/or details showing the sequence of Respective Work disassemblyNOT work and/or supporting structures and underpinning. 03 01 30.30VIEWING Concrete Removals Letter Acknowledging that the Contractor has Before Mobilizing on Site met with the Owner’s Electrician and/or representative and identified services known to be embedded in the slab and to identify all services mounted on the underside of all slabs in DO the work area.
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Related Section Description Time
03 01 30.30 Concrete Removals Concrete Removal Shoring Drawing(s) prepared Before Commencing on the by a Professional Engineer providing shoring Respective Work requirements for the slabs including design assumptions. Drawings submitted must show the design criteria, including limits of concrete slab, column and wall removal and the procedural sequence to be followed for shoring installation. Drawings shall also include header and sill plates, which are acceptable to the Consultant, at each post shore or tower shore support. Engineer to confirm that floors supporting shoring will not be overloaded 03 01 30.30 Concrete Removals Shoring Installation Review Letter submitted by Before Commencing on the the shoring design engineer confirming they have Respective Work visited the site and verify the installation conforms to the respective shopCOPY drawings. 03 31 00 Concrete Replacements Concrete Formwork/Falsework and Reshoring Before Commencing on the Engineered Shop Drawings showing the design Respective Work criteria and limits for each, materials, method of construction, sequence of installation and removal, and any other information required by CSA A23-1, Section 6. 03 31 00 Concrete Replacements Formwork/Re-shoring Installation Review Letter Before Commencing on the submitted by the shoring design engineer Respective Work confirming they have visited the site SUBMITand verify the installation conforms to the respective shop drawings. 03 31 00 Structural Concrete Concrete Mix Design identifying the concrete Before Commencing on the properties Respective Work 03 31 00 Structural Concrete Ready Mix Concrete Delivery Slips indicating the Before Each Progress Draw supplier, serial number of slip, date, truck number (Used to Verify Quantities) and volume of load, contractor, project, concrete exposure class, cement content, air content, slump,NOT water/cement ratio and plant batch time. 07 14 13.01 Elastomeric Vehicular Elastomeric Vehicular Traffic Coating During General Installation VIEWINGTraffic Coatings Manufacturer Review Letter certifying that the materials supplied, preparation and application of the traffic coating is in accordance with the manufacturer's specifications.
DO End of Section 01 32 19
Page 60 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 1 Project No: 13Y105-094A SPECIAL PROJECT PROCEDURES – Slab Replacement – SECTION 01 35 13.01
PART 1 - GENERAL
1.1 General
The boiler room roof slab replacement area is within Building C. Contractor should note that services to the other buildings pass through Building C.
.1 Provide temporary protection, heat and ventilation to facilitate progress of work, to provide a safe working environment and to protect work and materials from cold/heat and moisture during all phases of the work. Do not use direct-fired heaters discharging into work areas unless approved by the Consultant.
.2 If work by the City's electrician is required to repair unexpected conditions encountered during the work, coordinate access and allow sufficient time to conduct the necessary work.
1.2 Additional Protection Requirements
.1 Protect existing mechanical, electrical, telephoneCOPY and similar services from damage. Have utility companies locate all services prior to working in the area, define protection they require and obtain their acceptance of current status of service. Before commencing work in a protected area, test protection to ensure adequacy.
.2 Prior to commencement of work, verify the condition of all grates, catch basins, drains, pipes, etc. that will be affected by the work. Disconnect, protect and seal all drains, as listed above, to prevent entry of debris.
.3 During work, ensure that utility companies review and provideSUBMIT written acceptance of contractor procedures and conditions of their services during the work and before they are re-covered. Have utilities provide written verification of satisfactory inspection of their services.
.4 Prior to beginning any concrete removals, meet with the City’s electrician and/or representative to identify and map-out all known main electrical conduits or other systems embedded in the slab and to identify all services mounted to the soffits of all slabs within the work areas. The Contractor shall confirm in writing that this has been completed.
.5 Where necessary to complete the work, remove existing electrical fixtures and provide temporary lighting as required. Re-install fixtures following the repair. Remove and/or protect all services as requiredNOT to complete the work. VIEWING .6 Concrete repairs are expected to generate dust that contains silica. The Contractor shall take adequate precautions to contain dust, to collect and dispose of dust in a safe manner, and to provide protection to persons exposed to the dust. This shall include compliance with:
.1 Ontario Health and Safety Guidelines for "Silica on Construction Projects” April 2011 .2 DOWHMIS Regulation R.R.O 1990, Reg.860 .3 Regulation for Construction Projects, Ont. Reg. 213/91
End of Section 01 35 13.01
Page 61 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 1 Project No: 13Y105-094A MOCK-UPS - SECTION 01 43 39
PART 1 - GENERAL
Install mock-ups to: .1 Provide an opportunity to review site conditions: .2 Make adjustments as necessary; and .3 Verify that the installation is carried out in a manner that is satisfactory to Owner and/or Consultant. Mock-ups to : .1 Be installed at locations determined by the Consultant and the mock-up shall be completed on site unless stated otherwise by the Consultant. .2 Match properties of the intended finish product and the mock-up shall be installed by the same installers who will perform the general installation using the materials and methods specified.
.3 Be 100% complete and approved by Owner and Consultant. Full-scale application may only proceed upon written approval of the mock-up by the Consultant. The Contractor is responsible to arrange for Consultant and Owner to be present during installation to view components which may become concealed as installation proceeds (e.g. structural anchorage, perimeter insulation, etc.). Rejected mock-ups are to be corrected as specified by the Consultant. Upon written approval the approved mock-up forms the standard for the method and quality of work to be performed through-out the project. The Consultant may require field testing of the mock up priorCOPY to authorizing the work. The Consultant may request the manufacturer’s representative to review the preparation and installation and provide written confirmation.
Mock ups are to be completed sufficiently in advance to permit time to review, correct rejected mock-ups and order materials without compromising the construction schedule.
PART 2 - MOCK-UPS REQUIRED
07 14 13.01 Elastomeric Elastomeric Vehicular Traffic Coating Test Location:SUBMIT provide a 1m2 1000 x 1000mm Vehicular Traffic mock-up of the elastomeric system a minimum of 1 week prior to the Coating intended start date. Arrange for bond testing 09 91 23.01 Garage Painting Garage Paint: One mock-up, for each type of paint to be used on this 1000 x 1000mm project, to include the following: 1) surface preparation and cleaning; and 2) application of coating.
End of Section 01 43 39 VIEWINGNOT DO
Page 62 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 1 Project No: 13Y105-094A WARRANTIES - SECTION 01 78 36
PART 1 - GENERAL
1. Unless otherwise stated, the warranty shall include, at no cost to the Owner, all labour and materials to correct the defects and deficiencies. This shall include removal and reinstating components where required to gain access to the defect and/or deficiency. The warranty shall include all performance and aesthetic related issues as determined by the Consultant, such as leakage, debonding, corrosion, fading, discoloration, etc. The warranty excludes reasonable wear and tear.
2. The warranty period is two years unless otherwise noted.
End of Section 01 78 36 COPY SUBMIT
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Page 63 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 1 Project No: 13Y105-094A STRUCTURE DEMOLITION – SECTION 02 41 16
PART 1 - GENERAL
1.1 General
.1 The Demolition Work of this Section shall be executed by a firm who specializes in this type of work, has adequate equipment and skilled tradesmen to perform the Work expeditiously and is known to have been responsible for demolition work similar to that specified herein, in the last 5 years.
.2 Retain a qualified Professional Engineer registered in the Province of Ontario to undertake the general review of the project during demolition of the structure.
1.2 Description
This Section specifies the removal of the roof slab above the basement boiler room, and disposal of the debris including electrical and mechanical equipment that is specified to be replaced.
1.3 Related Work COPY
.1 Include in the Work, construction and temporary facilities as required by the Contractor, jurisdictional authorities or as otherwise specified. Remove at completion of need and make good adjacent Work and property affected by their installation. Locate temporary facilities where shown on drawings or as directed.
.2 Supply and install hoarding around the wrecking site, including barricades, guard lights, fences, etc. as required by all authorities having jurisdiction with the Work. SUBMIT .3 Conduct operations minimizing interference with the existing parts of the building that are to remain.
.4 Construct dust barriers or partitions as required during the progress of the Work in accordance with governing codes and authorities.
.5 Provide all necessary bracing, shoring and other measures required to guard against movement, settlement or other structural instability of the existing building during the course of the Work. All bracing and shoring shall be designed by a professional engineer retained by the Contractor. All shoring and bracing shall be reviewed on site by a professional engineer retainedNOT by the Contractor.
VIEWING.6 The Contractor shall accept full responsibility for any damage or injury resulting from such structural instabilities caused by negligence or default in this regard.
.7 Maintain fire protection as required by jurisdictional authorities. DO
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1.4 Environmental Conditions
Demolition of spray or trowel-applied asbestos can be hazardous to health. Should material resembling spray or trowel-applied asbestos be encountered in the course of demolition work, stop Work and notify jurisdictional authorities immediately. Proceed with the Work in accordance with governing laws and regulations.
1.5 Protection
.1 Prevent movement or damage of adjacent structures, services, walks, paving, trees, landscaping, adjacent grades, parts or existing building to remain. Provide bracing, shoring and underpinning required. Make good damage and be liable for injury caused by demolition.
.2 Take precautions to support structures and, if safety of building being demolished or adjacent structures or services appears to be endangered, cease operations and notify Consultant. COPY PART 2 - MATERIALS AND PRODUCTS
Not applicable
PART 3 - EXECUTION
3.1 Salvage Items
Carefully remove the following materials and equipment priorSUBMIT to demolition:
.1 Electrical and Mechanical Services
3.2 Preparation
.1 Unless otherwise indicated, disconnect electrical and all services affected by the demolition. Post warning signs on electrical lines and equipment which must remain energized.
.2 Unless otherwise indicated, disconnect and cap mechanical services in accordance with requirements of local authorityNOT having jurisdiction.
VIEWING.3 Natural gas supply lines to be removed by gas company or by qualified tradesman in accordance with gas company instructions.
.4 Shore and protect all existing services in the parking garage that are not being replaced (i.e. water mains, sewer pipes, and sewer lines etc.).
.5 Do not disrupt active or energized utilities traversing premises. DO
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3.3 Demolition
.1 Demolish and dispose the suspended slab as per Section 01 11 00.00 Scope of Work.
.2 Remove and dispose of all existing mechanical and electrical equipment and systems in the repair area, unless otherwise noted herein.
.3 Remove existing equipment, services, and obstacles where required and replace same as work progresses.
.4 At end of each day's work, leave work in safe condition so that no part is in danger of toppling or falling.
.5 Demolish in a manner to minimize dusting. Keep dusty materials wetted down during the progress of the work. The slab shall be removed by saw cutting (a minimum of 900 mm away from columns/walls) and the rest jack hammering. The entire slab shall NOT be jackhammered. COPY .6 All materials shall be removed from the site as soon as possible after demolition. No debris shall be permitted to accumulate on site.
.7 Remove flammable, contaminated or dangerous materials from site and dispose of in safe manner prior to commencing demolition to minimize danger at site or at any time during demolition.
End of Section 02 41 16 SUBMIT
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Page 66 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 1 Project No: 13Y105-094A REINFORCING STEEL– SECTION 03 01 30.40
PART 1 - GENERAL
1.1 Description
This Section specifies the work required for preparation of reinforcing steel prior to coating, installation of new steel and splicing of existing steel.
1.2 Environmental Conditions
.1 Air and surface temperatures during application and curing of Amerlock 400 and manufacturer approved touch-up coatings shall not be less than +4°C. Surface temperatures must be at least 3°C above dew point.
.2 Should temperatures be expected to drop below +4°C during application or curing of epoxy coatings, use Amerlock 2 in lieu of Amerlock 400. Seek approval from the steel provider for touch-up coating. At freezing temperatures, surface must be free of ice.
1.3 Inspection and Testing COPY
.1 Inspection of welding of reinforcing steel by an independent agency will include:
.1 Checking of certification of firm employed for welding under C.S.A. Standard W186- M1990;
.2 Checking of welder's C.W.B. Certification; and
.3 Visual checking of welded connections including checkingSUBMIT of joint preparation and fit up.
.2 Notify the Consultant for final review of preparation of steel.
.3 Notify the Consultant for final review of all epoxy coating. The Consultant shall review the coating for voids and other defects discernible with magnification. The dry film thickness of the cured membrane shall be randomly tested by non-destructive means.
PART 2 - MATERIALS AND PRODUCTS
2.1 Reinforcing Steel NOT VIEWING.1 New material shall conform to the ASTM A775/A775M97e2. All bars 10M and greater shall be deformed and of Yield Strength 400 MPa unless otherwise noted on the drawings.
.2 Fabricate reinforcement to the requirements of CSA CAN3-A23.1M.
.3 Reinforcing steel used for dowels shall be black steel. DO
Page 67 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 2 Project No: 13Y105-094A REINFORCING STEEL– SECTION 03 01 30.40
2.2 Accessories
Provide bar supports conforming to the requirements of Manual of Standard practice of the Reinforcing Steel Institute of Ontario. In exposed concrete locations, supports shall be plastic, precast concrete or plastic protected steel, all of the same colour as the concrete. Use coated tie wire.
2.3 Adhesive
Adhesive for dowels shall be Hilti HIT-RE500.
PART 3 - EXECUTION
3.1 General
.1 Do not remove any existing reinforcing steel without prior review by the Consultant.
.2 Where corrosion has resulted in a significant reductionCOPY of the cross-sectional area of the existing reinforcing, the Consultant may require the replacement or repair of the reinforcing steel.
.3 As instructed by the Consultant, remove deteriorated reinforcing steel and replace with new epoxy coated bars of equal or larger cross-sectional area. New reinforcing steel is to be 20% greater in length than existing. Alternatively, the existing steel can be replaced with 20% more steel as directed by the Consultant. Note: New epoxy-coated reinforcing steel is to have a lap length 20% longer than the equivalent black steel lap length. SUBMIT .4 Contain sandblast materials and debris within the work area. Do not generate or allow dust to migrate from work area.
3.2 Preparation of Existing Steel
.1 Remove all existing exposed tie-wire and bar supports.
.2 Straighten all bent reinforcing bars to their original shape. Do not heat the steel. Bend bars or modify formwork to provide specified cover.
.3 Clean existing reinforcing of concrete, corrosion products and dirt by abrasive blast cleaning in accordance withNOT SSPC-SP7 (Brush-off Blast Cleaning). VIEWING .4 Where existing steel extends into columns, walls, beams, portions of slab which are to remain or other structures, and new steel will need to be connected to the existing to maintain development, take care to ensure steel is cut to maintain sufficient lap lengths. Leave sufficient steel projecting to enable lap splicing new steel to the existing in accordance with CAN3-A23.3. DO
Page 68 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 3 Project No: 13Y105-094A REINFORCING STEEL– SECTION 03 01 30.40
3.3 Dowels
.1 Drill and clean holes in parent concrete for dowels as per the adhesive manufacturers recommendations.
.2 Embed black steel in parent concrete to depth directed by Consultant (minimum embedment 200mm), adhered with Hilti HIT-RE500.
.3 Field epoxy coat exposed portion of dowel (portion not embedded in parent concrete) in accordance with section below “Epoxy Coating Existing Reinforcing”.
End of Section 03 01 30.40 COPY SUBMIT
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Page 69 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 1 Project No: 13Y105-094A STRUCTURAL CONCRETE– SECTION 03 31 00
PART 1 - GENERAL
1.1 Description
This Section specifies the materials and methods for the placement of new suspended concrete slab.
1.2 Environmental Conditions
Take the necessary precautions whenever the air temperature falls below +5°C or exceeds +26°C. Make preparations in advance of placing concrete. Shelter surfaces from direct sun and wind by erecting appropriate sun shades and wind breaks. Do not place concrete whose temperature falls below +10°C or exceeds +25°C. Do not place concrete in the rain.
1.3 Inspection and Testing
.1 Notify the Consultant for review of placement of concrete.
.2 Conform to CSA Standard A23.2-04. COPY
.3 Concrete Testing for Ready-Mixed Concrete
Concrete testing by an independent agency will include:
.1 A standard strength test for each 15m3 or every third truck of concrete placed, but not less than one test for concrete placed each day. Each strength test sample will consist of three cylinders with proper identification and field data. One specimen will be tested at 7 days and two at 28 days. Store cylindersSUBMIT in the field for a minimum of 20h prior to transporting to the testing laboratory for curing in accordance with CSA Standard A23.2-3C.
.2 If concrete is being placed when there is a probability of the air temperature falling below 5°C during the curing period, each test sample shall include one additional “field-cured” cylinder for each 15m3 of concrete placed (reference CSA A23.2-3C), to be stored as near to the placed concrete as possible. These extra cylinders shall receive the same protection from the elements as the concrete that they represent. These cylinders shall be stored in the field for the full 5-day cure period prior to being transported to the testing laboratory for a 7-day compressive strength test. Specimens shall not be removedNOT from the moulds until after the 5-day cure period; if the Contractor wishes to test “field-cured” cylinders earlier, for removal of formwork, VIEWINGadditional samples should be prepared at the Contractor’s expense.
.3 One standard air entrainment test for each standard strength test in accordance with CSA A23.2-4C or A23.2-7C.
.4 Temperature of the fresh concrete shall be measured in accordance with ASTM C1064M-99. DO
Page 70 of 199 Project: 1008 Yonge Street, Toronto – Boiler Room Roof Slab Replacement (Building ‘C’) Page 2 Project No: 13Y105-094A STRUCTURAL CONCRETE– SECTION 03 31 00
.5 One standard slump (or slump flow) test with each standard strength test in accordance with CSA A23.2-5C. The Consultant may require additional testing for each truck load placed, as deemed necessary.
.4 Concrete may be rejected prior to placement if:
.1 Concrete fails to conform with the specified mix design.
.2 The concrete placement does not begin within 1-1/2 hours from batch time where set retarding admixtures are not employed or the concrete is older than 2 hours from batch time.
.3 Where set retarding admixtures are employed, concrete placement extends beyond the maximum placement/working times stipulated by the supplier on the mix design submission.
.5 Concrete Test Compressive Strength
Concrete will be considered under strength if: COPY
.1 The average of any day's tests is below specified strength.
.2 Any single compressive strength test result is more than 3.5 MPa below the specified strength.
In case of dispute, and at the discretion of the consultant, the Contractor may have three 100mm DIA. cores from the concrete drilled and tested at his own expense for each result below the required strength, in accordance with CSA StandardSUBMIT A23.2-14C. The results shall be evaluated in accordance with CSA Standard A23.1-04.
PART 2 - MATERIALS AND PRODUCTS
2.1 Falsework Materials
.1 Falsework materials: to CSA S269.1.
.2 Formwork materials: to CAN/CSA S269.3 and as follows: NOT For concrete without special architectural features, use plywood and wood formwork VIEWINGmaterials to CSA O121 and CAN/CSA O141.
.3 Form ties:
.1 For concrete not designated architectural, use removable or snap ties, fixed or adjustable length, free of devices leaving holes larger than 25mm (1") dia. in concrete surface. DO
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.4 Form release agent: Chemically active release agents containing compounds that react with free lime in concrete resulting in water insoluble soaps.
.5 Form stripping oil: Colourless mineral oil, free of kerosene, with viscosity between 15 to 24mm²/s (70 and 110 s Saybolt Universal) at 40°C, flashpoint minimum 150°C, open cup.
.6 Grooves, reglets and chamfers: White pine selected for straightness and accurately dressed to size.
2.2 Cement
Normal Portland cement, conforming to CSA A3001-03, Type GU.
2.3 Water
Mixing water: Clear and free from deleterious substances, taken from the municipal supply. Conform to CSA Standard A23.1-04. COPY 2.4 Aggregates
Conform to CSA Standard A23.1-04.
Coarse aggregate maximum nominal size: 20mm for all suspended concrete slab.
2.5 Admixtures
.1 Admixtures specified must be added within 1 hr from theSUBMIT time of batching.
.2 All air-entraining agents and chemical admixtures used in the same mix shall be from the same manufacturer, with the exception of the corrosion inhibitor, but dispensed separately into the mix. Comply with the manufacturer's instructions.
.3 Air-entraining agents shall conform to the requirements of ASTM Standard C260-06.
.4 Water reducing agents shall conform to ASTM Standard C494/C494M-05a: With approval of Consultant mid-range water reducing agents which conform to ASTM Standard C494/C494M-05a may be used. NOT .5 Superplasticizers must be used and shall conform to ASTM Standard C494/C494M- VIEWING05a,Types A & F.
.6 Fibre Reinforcement shall conform to ASTM Standard C1116-03.
.7 Set retarding admixtures shall conform to ASTM Standard C494/C494M-05a, Types B and D. DO
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2.6 Proportioning Concrete
.1 Conform to CSA Standard A23.1-04 Table 2, Class C-1 Exposure, subjected to de-icing chemicals.
.2 Provide concrete with the following properties:
Minimum Compressive Strength 35 MPa at 28 days Range In Total Air Content 5% - 8%
.3 Polypropylene fibre reinforcement added at a rate to control shrinkage cracking.
.4 Re-tempering, or the addition of water to restore loss of workability due to the evaporation of mix water while in transit will be permitted only under the direction of the concrete supplier, and provided re-tempering is completed within 1 hour from the time of batching.
.5 Re-tempering shall only be permitted to restore lost workability to the designed slump. Any increases to workability above the design slump shallCOPY be achieved by re-dosing of superplasticizer or water reducers and only under the direction of the concrete supplier.
.6 If re-tempering is completed, measure and document volume of water added to the concrete, the location where concrete is placed, and sample additional compressive strength cylinders if requested by the Consultant.
2.7 Production of Concrete
Concrete shall be supplied by a member of the Ready-MixedSUBMIT Concrete Association of Ontario that has been issued a seal of Special Quality Concrete attesting that its coefficient of variation is less than 12 percent.
2.8 Reinforcement
.1 New material conforming to the pertinent CSA Standard in the G30 Series. All bars 10M and greater shall be deformed and of Yield Strength 400 MPa unless noted on the drawings.
.2 Provide bar supports conforming to the requirements of Manual of Standard practice of the Reinforcing Steel Institute of Ontario. In exposed concrete locations, supports shall be plastic, precast concrete NOTor plastic protected steel. Use coated tie wire. VIEWING .3 Fabricate reinforcement to the requirements of CSA CAN3-A23.1M77.
.4 No welding of reinforcing bars will be permitted.
2.9 Formwork Lumber
FormworkDO materials shall conform to CSA-A23.1-04. Plywood and wood formwork to be new or otherwise clean and free of any laitance material.
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PART 3 - EXECUTION
3.1 Formwork Construction
.1 Comply with the requirements of CSA Standard A23.1-04 and with the epoxy material specifications.
.2 Fabricate and erect falsework in accordance with CSA S269.1.
.3 Fabricate and erect formwork in accordance with CAN/CSA-S269.3 to produce finished concrete conforming to shape, dimensions, locations and levels indicated within required tolerances.
.4 Construct formwork so as to achieve the quality of concrete surface specified. Tolerance of formwork shall conform to the requirements of Clause 10, CSA-A23.1-04.
.5 Design formwork and falsework construction loads and fluid pressures without overstressing the material and without excessive COPYdeflection. Dimensions of completed elements shall not exceed specified tolerances (± 10mm for dimensions up to 300mm, 6mm for dimensions from 300mm - 1000mm. Provide positive means of adjustment to permit re-alignment. See structural drawings for any camber required in hardened concrete.
.6 Make forms tight and flush faced to prevent the leakage of mortar and the creation of unspecified fins or panel outlines.
.7 Place 16mm bevel strips at the exposed corners of membersSUBMIT to form chamfers.
.8 Obtain Consultant's approval for formed openings not indicated on structural drawings.
.9 Build in anchors, sleeves, and other inserts required to accommodate Work specified in other sections. Assure that all anchors and inserts will not protrude beyond surfaces designated to receive applied finishes, including painting.
.10 Clean forms before placing concrete.
.11 Construct all formwork so that it can be readily removed without damage or shock to the concrete or spalling of edges.NOT Beam formwork shall be constructed to allow removal of side forms without removing the shores. VIEWING .12 Do not permit loads from formwork to be transmitted to adjacent existing structure.
.13 Apply a form coating and release agent uniformly to the contact surface of formwork panels before reuse. Seal all lumber in forms prior to use.
.14 Do not reuse formwork for exposed surfaces if there is any evidence of surface damage, wearDO or nail holes which could impair the visual quality of the concrete surface. Before reuse carefully clean forms to ensure that it remains suitable for reuse.
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.15 Install tell-tale devices which can indicate movement of the formwork during concreting.
.16 Construction Joints
.1 Provide construction joints where specified. Locate and make other joints so as not to impair the required strength of the structure. Joints are subject to the review of the Consultant.
.2 Locate construction joints near middle of spans of slabs.
.3 Slabs: Provide construction joints in slabs at 30m (100 feet) maximum in both directions.
3.2 Formwork Shoring
.1 Be responsible for the safety of the structure before and after forms are removed. In no case shall forms and supporting shores be removed until members can support their own weight and superimposed construction loads without excessive stress, deflection or distortion. COPY
.2 Shoring or re-shoring shall remain in position until concrete has reached its 28-day strength.
.3 During re-shoring ensure that at no time will large areas be required to support their own weight and that while re-shoring is underway no construction loads are permitted on the new construction. The location of re-shores shall not significantly alter the pattern of stress assumed in the structural design. Reshores shall be capable of being adjusted so that a snug fit is achieved without pre-loading lower floors. Re-shoresSUBMIT shall be positioned immediately after formwork is removed.
3.3 Placement of Concrete
.1 Comply with the requirements of CSA Standard A23.1-04 and with the epoxy material specifications.
.2 Maintain formwork and adjacent concrete continuously moist a minimum of 24 hours before placement. Remove all standing water and allow surface to become practically dry.
.3 Apply epoxy bonding agentNOT on all hardened concrete surfaces to which fresh concrete is to bond. VIEWING .4 Place concrete in each patch in a single continuous operation. Ensure reinforcing is maintained in its position as placed. Vibrate the concrete using plastic-coated vibrators to avoid damage to epoxy coating. Slope the top surface of the slab toward drains, taking care to maintain a minimum concrete cover to the reinforcing steel of 25mm. DO
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3.4 Protection Requirements and Methods for Cold Weather Concreting (If Project Commences in 2014)
The following cold weather concreting protection measures shall apply when the air temperature is at or below 5°C, or when there is a probability of its falling below 5°C within 24 hour of placement:
.1 Provide temporary plant and equipment for heating concrete materials and forms. Protect, insulate and maintain the proper temperature and humidity of the concrete during curing in compliance with CSA Standard CAN3-A23.1-04.
Equipment shall be available, installed and tested ready for use at least one week before it is proposed to produce heating concrete.
.2 Where the specified concrete temperature is achieved by pre-heating, the concrete materials before batching shall not exceed 50°C.
.3 Water over 40°C shall not be brought into direct COPYcontact with the cement.
.4 Frozen lumps of aggregate shall not be added to the concrete. The method of heating aggregate stockpiles shall be such as to produce uniform conditions without local hot spots. The method of heating shall not affect the moisture content.
.5 The concrete temperature at the time of placing shall be between 5°C and 35°C according to the following schedule:
Element Thickness SUBMITTemperature less than 300mm 10 - 35°C 300-1000mm 10 - 30°C 1000-2000mm 5 - 25°C
.6 Cold weather concreting shall be inclusive to the price tendered and no further or separate payment will be made.
.7 The use of high-early strength concrete mix, such as Type 30, and thermal tarps will be permitted instead of providing heat for cold weather concreting, if the following conditions are met:
.1 The ambient temperatureNOT cannot drop more than 5°C below breezing within 24 hours VIEWINGof placement.
.2 The garage must be enclosed to trap the heat from escaping. The tarps should be placed at least one day prior to the pour to allow the substrate to warm up.
.3 The formwork must be insulated and thermal tarps must be placed over the repairs.
.4 DOConcrete ready mix will only be permitted on repairs that cover at least 30% of the balcony slab area; otherwise the existing concrete will act as too much of a heat sink.
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.5 The ambient temperature within the enclosed repair area and the parent concrete must be above 3°C at the time of placement. Otherwise, the area must be enclosed and heated.
3.5 Finish and Curing
.1 Slab: Finish surface to the lines and levels of adjacent concrete, with a tolerance of 3mm in 3m. Provide level markings on columns or walls and grade markers at areas away from columns or walls, as necessary, to ensure proper slopes. Top surfaces shall be sloped away from walls and columns. Provide a light steel towel finish suitable for the applications of the protective overlay.
.2 Do not use a power float adjacent to the edges of the patches. Prevent cement paste from bridging joint of repair patch to existing concrete.
.3 Vertical surfaces: formed finish flush with adjacent surfaces.
.4 Wet curing must begin as soon as finishing is completedCOPY on any area. Cover fresh concrete with wet burlap and keep continuously moist. Wet curing shall continue for at least 5 full days. The use of curing sealing compounds will not be permitted. (The last sentence only applies where waterproofing membranes will be applied to the finished surface).
.5 Do not pile, store or transport materials over repaired areas until concrete has been in place for at least 7 days.
.6 Cold weather curing to be in accordance with A23.1-04. SUBMIT 3.6 Removal and Reshoring
.1 Conform to CSA A23.1, Section 6.
.2 Remove falsework after concrete has reached 75% of its specified 28 day strength.
.3 Re-shore slabs for construction loads likely to be imposed.
3.7 Field Quality Control
Obtain field review of falseworkNOT and re-shoring by the Engineer whose stamp appears on the falsework drawings. Consultant will not field review the formwork, falsework or re-shoring. VIEWING
End of Section 03 31 00
DO
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PART 1 – GENERAL
1.1 Description
This Section specifies the supply and application of a waterproof coating system for the roof slab above the basement boiler room.
1.2 Environmental Conditions
.1 Do not apply waterproofing when the ambient temperature is: .1 below 5°C or over 30°C for standard membrane systems .2 below -20°C or over 30°C for fast curing and low temperature membrane systems
.2 Minimum substrate temperature at the time the waterproofing is installed shall be: .1 +10°C for standard membrane systems .2 -20°C for fast curing and low temperature membrane systems
.3 The moisture content of the slab shall be recordedCOPY at the time of application and shall be acceptable to the Consultant and manufacturer for the materials applied.
1.3 Inspection and Testing
Notify Consultant for inspection of: .1 Surface preparation .2 Sealed containers of materials supplied .3 Mixing, placing finishing and curing .4 Checking that a completely bonded system is produced SUBMIT .5 The dry thickness of the membrane
1.4 Qualifications
Products shall be installed by an applicator approved in writing by the manufacturer.
PART 2 - MATERIALS AND PRODUCTS
2.1 Material for the Protection of Concrete Driving Surfaces
.1 The slab surface is to be NOTprotected to the extent shown on the drawings.
VIEWING.2 The protective system as applied shall:
.1 be a fully bonded system. The system must be fully bonded to the concrete surface and all components of the system must be fully bonded to each other.
.2 prevent access of waterborne material to the concrete substrate with permeance to meet or exceed CGSB 37-GP-50M and crack bridging to meet ASTM C957-81. DO
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.3 provide a tough wearing surface and provide adequate skid resistance for existing uses.
.4 maintain these properties with exposure to the service conditions of the structure, including temperature, de-icing agents, petroleum products and ultraviolet exposure.
.5 be a colour approved by the Owner.
.3 Use one of the following systems:
.1 Standard Membrane Systems:
System Manufacturer Primer Membrane Wearcourse Wearcourse Aggregate Lock UV Resistant (applied on Coat Wearcourse) Auto-Gard Neogard 7780 / FC7500 / FC7510 / FC7520 / Silica or N/A FC 7781 FC7960 FC7961 FC7962 quartz sand 12/20 mesh Duodeck Duochem None Duochem Duochem391 Duochem Silica sand N/A 390 Duochem8200COPY 394 20/30 mesh at high turning and ramps Qualideck Advanced Qualipur Qualipur Qualipur 372 Qualipur 461 Silica sand N/A Polymer 152 252 10/20 mesh Technology Conipur II BASF Conipur Conipur Conipur 275 Conipur 295- Silica sand N/A 78 265-Z UV 16/30 mesh Vulkem Tremco Vulkem Vulkem Vulkem Vulkem Silica sand Vulkem 191 LV 360NF 950NF 951NF stalls:30/40 950 NF mesh or SUBMITaisles:20/40 951NF or 20/95 mesh
.4 Use one of the following sealants for sealing cracks greater than 1.5mm wide:
.1 Auto-Gard FC: Neogard 7991 .2 Duodeck: Polyurethane sealant recommended by manufacturer .3 Qualideck: Sikaflex 2C .4 Conipur: Sonneborn SL2 .5 Vulkem as recommended by manufacturer NOT PART 3 - EXECUTION VIEWING 3.1 Quality Control
.1 Maintain on site at all times calibrated equipment for measuring temperatures and concrete moisture content. Take measurements on a regular basis for quality control requirements and when directed by the Consultant.
.2 ProvideDO adequate venting and barriers to prevent fume dispersion into building.
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3.2 Surface Preparation
.1 Sandblast or otherwise mechanically abrade the bases of walls and columns to 150 mm above slab to remove all contaminations, laitance and paint and expose fresh, clean intact concrete surface.
.2 Slab surface preparation:
Over Concrete Shotblast to remove all contaminations and laitance and expose fresh, clean, intact concrete surface Over Existing Urethane Membrane Do not shotblast. Clean with an industrial strength detergent and apply inter-coat primer as recommended by manufacturer
.3 Clean surface of all shot, and/or other loose materials and then chain drag the entire slab surface to ensure there are no areas of unsound concrete.
.4 Remove any existing crack sealant materials which are not compatible with the new system and replace with approved sealant. COPY .5 Repair any rough or pitted areas of the slab surface. Blast surface clean with clean air, apply leveling coat of epoxy mortar.
.6 Keep surface free of all dirt and traffic until protection is applied.
.7 Inspect all surfaces to be waterproofed for surface contaminants. Follow manufacturer’s recommendations for testing any areas noted.
.8 Follow manufacturer’s recommendations for minimum cureSUBMIT period required for new concrete prior to applying materials. Perform ASTM D4263 test to qualitatively assess the moisture content of concrete onto which waterproofing is to be applied.
3.3 Crack Treatment
.1 Cracks less than 1.5mm wide: Prime as recommended by the membrane manufacturer and apply waterproofing membrane 150mm wide centered on crack to 0.75mm (30mils) dry film thickness.
.2 Cracks greater than 1.5mm wide: Rout the crack 6mm x 12mm deep, and seal using sealant approved by membrane manufacturer. Prime as recommended by membrane manufacturer and apply waterproofingNOT membrane 150mm wide centered on crack to VIEWING0.75mm (30mils) dry film thickness. For the Kelmar FWC III system, apply the membrane in two coats reinforced with Penflex reinforcing fabric.
3.4 Heel Bead
.1 Install a 12mm fillet bead of compatible sealant at all upturns prior to waterproofing. DO
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3.5 Application
.1 Store, handle, mix, apply and cure materials in accordance with the applicable manufacturer's specifications, except where specifically modified herein.
.2 Before submitting the tender, the Contractor shall visit the site and inspect the existing slabs to be treated. The Contractor shall assess the requirements for reinforcement at cracks, construction joints and corners, sleeves and curbs, and shall provide same within the stipulated sum.
.3 Application of product shall indicate acceptance of substrate preparation.
.4 Coordinate the placement of the protective waterproofing systems with drains, pipes and other items and finish the overlay properly and seal around such items. Provide a tooled joint, filled with an approved sealant, around existing slab drains prior to waterproofing application. Produce a waterproof joint at all junctions with other materials.
.5 System Application: COPY
.1 Standard Membrane Systems
System Primer Membrane Wearcourse Lock (2 coats) Coat Auto-Gard yes 0.75mm a. 0.5mm (20mils) none FC (30mils) b. 75kg/100m2 c. 0.50mm (20mils) d. 75kg/100m2 e. Back Roll SUBMIT Immediately Duodeck no 0.75mm a. 0.75mm (30mils) none (30mils) b. 300-350kg/100m2 c. remove excess agg. d. 0.30mm (12mils) Qualideck yes 0.75mm a. 0.64mm (25mils) none (30mils) b. agg. to saturation c. 0.50mm (20mils) d. 70-100kg/m2 e. Back Roll Immediately Conipur II yes 0.75mm a. 0.64mm (25mils) none (30mils) b. agg.NOT to saturation c. 0.38mm (15mils) VulkemVIEWING yes 0.75mm a. 0.5mm (20mils) 20mils (30mils) b. 75-100kg/100m2 c. 0.5mm (20mils) d. agg. to saturation
Note: values DOabove in mm(mils) refer to membrane thickness, values in kg/100m2 refer to aggregate application rate.
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.6 Where waterproofing is installed in more than one phase, provide a minimum 150mm overlap between phases by overlapping each of the membrane course, wear course, and top coat a minimum of 50mm. Each overlap shall be offset from that of the course below. Ensure all surfaces are clean prior to overlapping material and prime as required by the manufacturer.
The suspended slab has sloped surfaces. Ensure that the membrane and wear course are applied in such a way as to achieve the specified minimum thhickness at all locations. All thicknesses specified are minimum required.
.8 Upturns: COPY SUBMIT
NOT
VIEWINGEST3-C7: Elastomeric Memb rane Upturn
3.6 Cleaning and Painting
.1 Remove all evidence of leakage from the repair areas. If adjaacent surfaces are painted, repaint the areas with exterior grade latex paint aapproved by the Consultant.
DO End of Section 07 14 13.01
Page 82 of 199
PRE-RENOVATION DESIGNATED SUBSTANCE AND HAZARDOUS MATERIAL ASSESSMENT
BUILDING “C” Yonge Street Yard Garage & Office Building 1008 Yonge Street Toronto, Ontario COPY
Submitted to: Sara Reid Environmental Coordinator
City of Toronto SUBMIT Facilities Management Metro Hall, 2nd Floor 55 John Street Toronto, Ontario M5V 3C6
Presented by: ECOHNOT Management, Inc. 6130 Tomken Road VIEWINGMississauga, ON L5T 1X7
ECOH Project No: 14602 DO June 26, 2013
Page 83 of 199 PRE-RENOVATION DESIGNATED SUBSTANCE SURVEY RAMSDEN YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14602 JUNE 2013
ECOH Management Inc. (ECOH) was retained by The City of Toronto to conduct a designated substance and hazardous materials assessment at Ramsden Yard, located at 1008 Yonge Street, Toronto, Ontario. ECOH understands the survey is being conducted in preparation for full replacement of the concrete slab floor in Building C, and installation of steel lintels in the basement Pipe Chase to support the exterior brick walls. As such, the scope of this survey was limited to the main floor and basement of Building C, and the adjoining basement Pipe Chase (Locations 0-02 through 0-06, 1-09 & 1-11, hereafter referred to collectively as the Project Area). Mr. Javier Romero of ECOH completed the assessment of the project area on June 12, 2013. The assessment included visual assessment and sampling for the presence of Designated Substances (asbestos, lead, mercury, etc.) and other hazardous materials (such as mould, UFFI, PCBs, etc.). Details and Observations: 1. Areas investigated during the site survey (the “Project Area”) included the Ground Floor of Building C (Location 1-09, 1-11), the Basement Level of Building C (Locations 0-02, 0-03, 0-05, 0-06), and the Basement Pipe Chase adjoining Building C (Locations 0-03a, 0-03b, 0-04). 2. ECOH collected samples of all previously un-sampled, or incorrectly sampled, potentially asbestos- containing materials. A summary of the laboratory analysis for collected samples is presented in Table 2, and the laboratory analysis report is included COPYas Attachment 1. A drawing indicating asbestos sample locations is included as Attachment 3. 3. General site conditions and asbestos-related information for the Project Area includes the following: a. Floors are poured concrete. b. Ceilings are not present. c. Walls are composed of concrete block or brick, unless otherwise specified below: i. Drywall containing drywall joint compound (DJC) was identified on walls in Location 1-11 (Office/Supply Room). Three (3) representative samples (14602-ASB-01A to -01C) were collected, andSUBMIT laboratory analysis determined the material is non-asbestos. ii. Two (2) visually-distinct types of textured plaster were observed applied to walls within the Building C Basement: 1) Beige textured plaster was identified on walls in Location 0-01 (Building C, Central Basement Room). Three (3) representative samples were collected (14602-ASB-06A to -06C), and laboratory analysis determined the material is non-asbestos. 2) White textured plaster was identified on walls in Location 0-02 (Building C, Basement Stairs). Three (3) representative samples were collected (14602-ASB-08A to -08C), and laboratory analysis determined the materialNOT is non-asbestos. VIEWINGd. Various windows and doors within the project area are sealed with four (4) visually- distinct types of caulking, as follows: i. Green caulking was found around the doorframe for the basement access door in Location 1-09 (Building C, Open Area). Three (3) representative samples were collected (14602-ASB-04A to -04C), and laboratory analysis determined the material is asbestos-containing. Approximately three (3) square feet of material DOis present.
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ii. White caulking was identified around the windows on the exterior of Building C (Location 0-00). Three (3) representative samples were collected (14602-ASB-02A to -02C), and laboratory analysis determined the material is non- asbestos. iii. Gray caulking was found around the doorframe and front desk of Location 1-11 (Office/Supply Room). Three (3) representative samples were collected (14602-ASB-03A to -03C), and laboratory analysis determined the material is non- asbestos. iv. Beige caulking was found around windows in the roof, on the Building Exterior (Location 0-00). Three (3) representative samples were collected (14602-ASB-05A to -05C), and laboratory analysis determined the material is non- asbestos. e. Structural components (i.e. deck, beams and columns) throughout the Project Area are primarily formed of non-insulated wood, concrete and steel. Beige textured plaster was found to be applied to the deck in Location 0-01 (Building C, Central Basement Room). Three (3) representative samples of the textured plaster were collected (14602-ASB-07A to -07C), and laboratory analysis determined the material is non-asbestos. COPY f. Pipes throughout the Project Area are either not insulated or are insulated with non- asbestos fibreglass insulation. g. Ducting was not observed within the Project Area. h. Refer to Table 1 (below) for sample details and laboratory analysis results. TABLE 1 Summary of Analysis of Bulk Samples Sample Number Sample Location Sample Description Results SUBMITNone 14602-ASB-01A Loc 1-11 (Supply Room/Office) Drywall Joint Compound Detected None 14602-ASB-01B Loc 1-11 (Supply Room/Office) Drywall Joint Compound Detected None 14602-ASB-01C Loc 1-11 (Supply Room/Office) Drywall Joint Compound Detected White Exterior Window None 14602-ASB-02A Loc 0-00 (Building Exterior) Caulking Detected White Exterior Window None 14602-ASB-02B Loc 0-00 (Building Exterior) Caulking Detected White Exterior Window None 14602-ASB-02C Loc 0-00 (Building Exterior) Caulking Detected NOT None 14602-ASB-03A Loc 1-11 (Supply Room/Office) Gray Doorframe Caulking VIEWING Detected None 14602-ASB-03B Loc 1-11 (Supply Room/Office) Gray Doorframe Caulking Detected None 14602-ASB-03C Loc 1-11 (Supply Room/Office) Gray Doorframe Caulking Detected Green Caulking around 4% 14602-ASB-04A Loc 1-09 (Building C Open Area) frame of exterior access Chrysotile DO door
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Page 85 of 199 PRE-RENOVATION DESIGNATED SUBSTANCE SURVEY RAMSDEN YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14602 JUNE 2013
TABLE 1 Summary of Analysis of Bulk Samples Sample Number Sample Location Sample Description Results Green Caulking around 4% 14602-ASB-04B Loc 1-09 (Building C Open Area) frame of exterior access Chrysotile door Green Caulking around 4% 14602-ASB-04C Loc 1-09 (Building C Open Area) frame of exterior access Chrysotile door Beige Window Caulking on None 14602-ASB-05A Loc 0-00 (Building Exterior) Roof Windows Detected Beige Window Caulking on None 14602-ASB-05B Loc 0-00 (Building Exterior) Roof Windows Detected Beige Window Caulking on None 14602-ASB-05C Loc 0-00 (Building Exterior) Roof Windows Detected Loc 0-01 Beige Textured Plaster on None 14602-ASB-06A (Building C, Central Basement Room) Walls Detected Loc 0-01 Beige Textured Plaster on None 14602-ASB-06B (Building C, Central Basement Room) Walls Detected Loc 0-01 Beige Textured Plaster on None 14602-ASB-06C COPY (Building C, Central Basement Room) Walls Detected Loc 0-01 Beige Textured Plaster on None 14602-ASB-07A (Building C, Central Basement Room) Deck Detected Loc 0-01 Beige Textured Plaster on None 14602-ASB-07B (Building C, Central Basement Room) Deck Detected Loc 0-01 Beige Textured Plaster on None 14602-ASB-07C (Building C, Central Basement Room) Deck Detected White Textured Plaster on None 14602-ASB-08A Loc 0-02 (Basement Stairs) Walls Detected WhiteSUBMIT Textured Plaster on None 14602-ASB-08B Loc 0-02 (Basement Stairs) Walls Detected White Textured Plaster on None 14602-ASB-08C Loc 0-02 (Basement Stairs) Walls Detected - pink shading indicates sample result positive for asbestos (if applicable)
4. Although no regulations exist in Ontario to define a lead-based paint, guidelines indicate that paint containing 0.5% lead concentration by dry weight (i.e. concentrations of lead at or above 0.5% (5000 parts per million (ppm)), which is comparable to 1.0 milligrams per square centimetre (mg/cm2)) is considered to be a lead-based paint. Samples of suspected lead-containing materials were submitted to Scientific Analytical Institute NOT(SAI), an independent commercial laboratory, for analysis by flame atomic absorption spectroscopy. Although not required by provincial regulation, all laboratories used VIEWINGby ECOH are accredited under the American Industrial Hygiene Association Laboratory Accreditation Program (AIHA LAP) for environmental lead analysis, to ensure consistent, accurate and defensible results. ECOH collected samples of all potentially lead-containing materials within the Project Area, as specified in Table 2. A summary of the laboratory analysis for collected samples is presented in Table 2, and the laboratory analysis report is included as Attachment 2. A drawing indicating lead sample locationsDO is included as Attachment 3.
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Page 86 of 199 PRE-RENOVATION DESIGNATED SUBSTANCE SURVEY RAMSDEN YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14602 JUNE 2013
TABLE 2 Summary of Lead Based Paints and Mortar
Analytical Sample Concentration Location Description Sensitivity number (% by weight) (% by weight)
Loc 0-00 Mortar from exterior brick 14602-PB-01 <0.014% 0.005% (Building Exterior) wall Loc 1-11 Mortar from concrete 14602-PB-02 <0.005% 0.002% (Office/Supply Room) block wall Loc 0-01 14602-PB-03 (Building C, Central Mortar from brick wall <0.005% 0.002% Basement Room) Loc 0-04 14602-PB-04 Mortar from brick wall <0.005% 0.002% (Pipe Chase Room) COPY Loc 1-11 14602-PB-05 Beige paint on door <0.008% 0.003% (Office/Supply Room) Loc 1-11 14602-PB-06 Gray paint on doorframe <0.01% 0.003% (Office/Supply Room)
Loc 1-09 Green paint on basement 14602-PB-07 <0.007% 0.003% (Building C, Open Area) access door Loc 0-01 Beige paint on interior 14602-PB-08 (Building C, Central SUBMIT<0.007% 0.002% door Basement Room) Loc 0-05 Gray paint on interior 14602-PB-09 (Building C, Basement 0.56% 0.003% door South-West Room) Loc 0-01 Yellow paint on gas 14602-PB-10 (Building C, Central 1.3% 0.003% pipeline from furnace Basement Room) - pink shading indicates sample result positive for lead (if applicable)
Lab results confirm that lead-based paints are present within the project area in the following locations: NOT VIEWING Location 0-05 (Building C, Basement South-West Room): Grey paint on interior door. Location 0-01 (Building C, Central Basement Room): Yellow paint on gas pipeline from furnace. All other paint and mortar samples were confirmed to contain trace concentrations of lead (i.e. below 0.5%). Beyond thoseDO listed in Table 2, no other major sources of lead or lead-containing products were observed during this survey. However, the following should be noted.
ECOH Management Inc. Page 5 of 9
Page 87 of 199 PRE-RENOVATION DESIGNATED SUBSTANCE SURVEY RAMSDEN YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14602 JUNE 2013
o Lead may be present in wiring connectors and electric cable sheathing, and o Lead may be present in solder joints on copper piping. 5. Free crystalline silica in the form of common construction sand is present in all concrete and masonry products within the work area. 6. Fluorescent light ballasts are present in the work area and may contain polychlorinated biphenyls (PCBs). 7. Mercury vapour is assumed to be present within florescent light tubes and thermostats. 8. Other designated substances including, Arsenic, Acrylonitrile, Benzene, Coke Oven Emissions, Ethylene Oxide, Isocyanates, and Vinyl Chloride Monomer were not noted in significant quantities or forms, if at all, within the project area. 9. Other potentially hazardous building materials, such as Ozone Depleting Substances (which includes chlorofluorocarbons (CFCs) and various related compounds), fecal waste, and Urea Formaldehyde Foam Insulation (UFFI), were not identified during this assessment.
Discussion and Recommendations: The following recommendations meet requirements of the Occupational Health and Safety Act. Asbestos recommendations meet the requirements of Ontario RegulationCOPY 278/05: Designated Substance – Regulation respecting Asbestos on Construction Projects and in Buildings and Repair Operations. Lead recommendations meet the requirements of the Ontario Ministry of Labour document Guideline - Lead on Construction Projects, dated April 2011. Based upon the findings of this assessment, ECOH Management Inc. offers the following recommendations for your consideration. 1. Green caulking around the frame for the basement access door in Location 1-09 (Building C, Open Area) is asbestos-containing. If the potential exists for this material to be disturbed during renovation work, the material should be removed prior to the work. CaulkingSUBMIT removal should follow Type 1 asbestos safety precautions, provided the material is wetted, and removal is completed using hand tools only. 2. All other potentially asbestos-containing materials within the Project Area were sampled prior to, or during, the investigation, and laboratory analysis indicated that these materials are non-asbestos. Removal or disturbance of materials confirmed to be non-asbestos does not require asbestos safety precautions but should employ general health and safety precautions that may include dust suppression. 3. Grey paint on an interior door in Location 0-05 (Building C, Basement South-West Room), was found to be lead-based (0.56% lead by dry weight). Approximately fifteen (50) square feet of paint is present on the door. If the potential exists for the paint to be disturbed during renovation work, the material should be removed priorNOT to the work following Type 2a lead safety precautions. 4.VIEWING Yellow paint on a gas pipeline leading from a furnace in Location 0-01 (Building C, Central Basement Room). Was found to be lead-based (1.3% lead by dry weight). Approximately thirty (30) square feet of paint is present on the pipe. If the potential exists for the paint to be disturbed during renovation work, the material should be removed prior to the work following Type 2a lead safety precautions. 5. All other potentially lead-containing materials within the Project Area were sampled prior to, or during, theDO investigation, and analysis indicated that these materials contain only trace concentrations of lead (ie. <0.5%).
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Page 88 of 199 PRE-RENOVATION DESIGNATED SUBSTANCE SURVEY RAMSDEN YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14602 JUNE 2013
Renovation, demolition or general construction work involving the removal of materials containing only trace concentrations of lead can be completed without lead specific safety precautions provided that: a) work does not include 'fume generating activities' (heat producing) such as welding, torching, burning, high temperature cutting, etc., b) work does not include dust-generating activities such as grinding, cutting or chemical stripping, c) dust levels are maintained below 3mg/m3, and d) general health and safety construction procedures are implemented, which would include dust suppression methods, proper respiratory protection (minimum of a 1/2-face respirator) and protective clothing, as is appropriate for the work being completed. Any work involving the disturbance of building materials assumed to contain lead (e.g. main metal doors, wiring connectors or electric cable sheathing) should be conducted following recommendations detailed within the Ministry of Labour document Guideline - Lead on Construction Projects, dated April 2011. 6. During project work, if any additional materials are foundCOPY beyond those which are described in this report, or described in the existing inventory of asbestos-containing materials (i.e. materials not previously identified, or materials that are not homogenous to those previously identified, or materials that become revealed during the work), additional testing for asbestos-content should be completed immediately and prior to disturbance of the material. Alternatively, these materials can be assumed to contain asbestos, and the appropriate level of asbestos safety precautions must be implemented. 7. Any work involving the disturbance of materials that may contain silica should be conducted following recommendations detailed in the Ministry of Labour document “Guideline - Silica on Construction Projects”, dated April 2011. SUBMIT 8. The presence of mercury within assembled units (e.g. vapour within fluorescent light bulbs) should not be considered a hazard provided that the assembled units remain sealed and intact. Avoid inhalation of mercury vapour. 9. If future renovation work requires the disposal of fluorescent light ballasts, ballasts should be disassembled to observe serial codes and then compared to standard PCB Identifier Code literature. Ballasts with unidentifiable serial codes, or from manufactures who are not included in the standard PCB Identifier Code literature, or which are not clearly labelled as “PCB Free”, or for which no date is clearly visible (ballasts dated 1981 or later do not contain PCBs) must be assumed to contain PCBs. Ballasts confirmed or assumed to contain PCBs must be disposed of following the requirements of the Ontario Environmental Protection Act, Ontario Regulation 362: PCB Waste Management and Ontario Regulation 347: General-WasteNOT Management (as amended by O. Reg. 558/00). 10.VIEWING Other designated substances, if present, are not expected to be a source of concern during work carried out for the purposes of this project and their potential presence should be adequately addressed using general health and safety precautions including, in part, the use of dust suppression techniques and appropriate respiratory protection. 11. Should work be required in areas of the building beyond those investigated during this survey, additional site investigations should be completed to assess the presence of Designated Substances or HazardousDO Materials.
ECOH Management Inc. Page 7 of 9
Page 89 of 199 PRE-RENOVATION DESIGNATED SUBSTANCE SURVEY RAMSDEN YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14602 JUNE 2013
12. All designated substances or hazardous materials removed should be disposed of following applicable federal and/or provincial regulations.
Statement of Limitations Details of the above investigation and recommendations are based upon the scope of work understood by ECOH Management Inc. at the time of inspection. Should changes occur to any aspect of the project scope of work, ECOH Management Inc. should be informed in order to determine if additional site investigations are required. The observations, results and conclusions drawn by ECOH Management Inc. (ECOH) are limited to the specific scope of work for which ECOH was retained, and are based solely on information generated as a result of the specific scope of work authorized by The City of Toronto. Only those items that are capable of being observed, and are reasonably obvious to ECOH personnel or have been identified to ECOH by other parties, can be reported. ECOH has exercised a degree of thoroughness and competence that is consistent with the profession during the execution of this assessment. ECOH considers the opinions and information as they are presented in this report to be factual at the time of the assessment. The conclusions are limited to the specific locations of where testing and/or observations were completed during the course of the assessment. Work was completed with the utmost care and our extensiveCOPY expertise in carrying out assessments. ECOH believes that the information collected during the assessment concerning the Project Area is reliable. No other warranties are implied or expressed. ECOH, to the best of its knowledge, believes this report to be accurate, however, ECOH cannot guarantee the completeness or accuracy of information supplied to ECOH by third parties. ECOH is an Environmental Consulting Company and as such any results or conclusions presented in this report should not be construed as legal advice. The material in this report reflects ECOH’s professional interpretation of information available at the time of report preparation. Any use which a third party makes of this report, or any reliance on or decisions to be made basedSUBMIT on it, are the responsibility of such third parties. ECOH accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions based on this report. Should additional information become available that suggests other environmental issues of concern, beyond those described in this report, ECOH Management Inc. retains the right to review this information and modify conclusions and recommendations presented in this report accordingly. Should you have any questions, please do not hesitate to contact us at (905) 795-2800. ECOH Management Inc. Environmental Consulting & Occupational Health
NOT
VIEWING
Prepared By:DO Reviewed By:
ECOH Management Inc. Page 8 of 9
Page 90 of 199 PRE-RENOVATION DESIGNATED SUBSTANCE SURVEY RAMSDEN YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14602 JUNE 2013
Javier Romero Craig Maunder, M.Sc.
Environmental Scientist Senior Environmental Scientist
Attachment 1: Laboratory Analysis Report for Asbestos Bulk Samples Attachment 2: Laboratory Analysis Report for Lead Bulk Samples Attachment 3: Survey Drawing COPY SUBMIT
VIEWINGNOT DO
ECOH Management Inc. Page 9 of 9
Page 91 of 199 By Polarized Light Microscopy EPA Method: 600/R-93/116 and 600/M4-82-020
Customer: ECOH Management Inc Attn: Javier Romero Lab Order ID: 1311338 6130 Tomken Rd Craig Maunder Analysis ID: 1311338_PLM Mississauga Ontario L5T 1X7 Date Received: 6/17/2013 Project: Javier Romero D. ;14602 Date Reported: 6/22/2013
Sample ID Description Asbestos Fibrous Non-Fibrous Attributes Lab Sample ID Lab Notes Components Components Treatment
White 14602-ASB- Drywall joint compound Non Fibrous 01A None Detected 100% Other Homogeneous
1311338PLM_1 Crushed
White 14602-ASB- Drywall joint compound Non Fibrous 01B None Detected 100% Other Homogeneous 1311338PLM_2 COPYCrushed White 14602-ASB- Drywall joint compound Non Fibrous 01C None Detected 100% Other Homogeneous
1311338PLM_3 Crushed
White 14602-ASB- Caulking # 1- White color Non Fibrous 02A None Detected 100% Other Homogeneous 1311338PLM_4 SUBMITAshed White 14602-ASB- Caulking # 1- White color Non Fibrous 02B None Detected 100% Other Homogeneous
1311338PLM_5 Ashed
White 14602-ASB- Caulking # 1- White color Non Fibrous 02C None Detected 100% Other Homogeneous
1311338PLM_6 Ashed
Gray 14602-ASB- Caulking # 2- Gray color Non Fibrous NOT 100% Other Homogeneous 03A None Detected VIEWING Dissolved 1311338PLM_7
Gray 14602-ASB- Caulking # 2- Gray color Non Fibrous 03B None Detected 100% Other Homogeneous
1311338PLM_8 Dissolved
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/or heterogeneous soil samples be conductedDO 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 the written 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%. Dorlos Ammerman (24)
Analyst Approved Signatory Page 92 of 199 plm_3.3.004 Scientific Analytical Institute, Inc. 4604 Dundas Dr. Greensboro, NC 27407 (336) 292-3888 Page 1 of 3 By Polarized Light Microscopy EPA Method: 600/R-93/116 and 600/M4-82-020
Customer: ECOH Management Inc Attn: Javier Romero Lab Order ID: 1311338 6130 Tomken Rd Craig Maunder Analysis ID: 1311338_PLM Mississauga Ontario L5T 1X7 Date Received: 6/17/2013 Project: Javier Romero D. ;14602 Date Reported: 6/22/2013
Sample ID Description Asbestos Fibrous Non-Fibrous Attributes Lab Sample ID Lab Notes Components Components Treatment
Gray 14602-ASB- Caulking # 2- Gray color Non Fibrous 03C None Detected 100% Other Homogeneous
1311338PLM_9 Dissolved
Gray 14602-ASB- Caulking # 3- Green color Non Fibrous 04A 4% Chrysotile 96% Other Homogeneous 1311338PLM_10 COPYDissolved
14602-ASB- Caulking # 3- Green color 04B Not Analyzed
1311338PLM_11
14602-ASB- Caulking # 3- Green color 04C Not Analyzed 1311338PLM_12 SUBMIT Beige 14602-ASB- Caulking # 4- Beige color Non Fibrous 05A None Detected 100% Other Homogeneous
1311338PLM_13 Ashed
Gray 14602-ASB- Caulking # 4- Beige color Non Fibrous 05B None Detected 100% Other Homogeneous
1311338PLM_14 Ashed
Beige 14602-ASB- Caulking # 4- Beige color Non Fibrous NOT 100% Other Homogeneous 05C None Detected VIEWING Ashed 1311338PLM_15
Beige 14602-ASB- Texture # 1- Beige color Non Fibrous 06A None Detected 100% Other Heterogeneous
1311338PLM_16 Crushed
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/or heterogeneous soil samples be conductedDO 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 the written 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%. Dorlos Ammerman (24)
Analyst Approved Signatory Page 93 of 199 plm_3.3.004 Scientific Analytical Institute, Inc. 4604 Dundas Dr. Greensboro, NC 27407 (336) 292-3888 Page 2 of 3 By Polarized Light Microscopy EPA Method: 600/R-93/116 and 600/M4-82-020
Customer: ECOH Management Inc Attn: Javier Romero Lab Order ID: 1311338 6130 Tomken Rd Craig Maunder Analysis ID: 1311338_PLM Mississauga Ontario L5T 1X7 Date Received: 6/17/2013 Project: Javier Romero D. ;14602 Date Reported: 6/22/2013
Sample ID Description Asbestos Fibrous Non-Fibrous Attributes Lab Sample ID Lab Notes Components Components Treatment
Beige 14602-ASB- Texture # 1- Beige color Non Fibrous 06B None Detected 100% Other Heterogeneous
1311338PLM_17 Crushed
Beige 14602-ASB- Texture # 1- Beige color Non Fibrous 06C None Detected 100% Other Heterogeneous 1311338PLM_18 COPYCrushed Beige 14602-ASB- Texture # 2- Beige color Non Fibrous 07A None Detected 100% Other Heterogeneous
1311338PLM_19 Crushed
Gray 14602-ASB- Texture # 2- Beige color Non Fibrous 07B None Detected 100% Other Heterogeneous 1311338PLM_20 SUBMITCrushed Gray 14602-ASB- Texture # 2- Beige color Non Fibrous 07C None Detected 100% Other Heterogeneous
1311338PLM_21 Crushed
Tan, White 14602-ASB- Texture # 3- White color Non Fibrous 08A None Detected 100% Other Heterogeneous
1311338PLM_22 Crushed
Tan, White 14602-ASB- Texture # 3- White color Non Fibrous NOT 100% Other Heterogeneous 08B None Detected VIEWING Crushed 1311338PLM_23
Tan, White 14602-ASB- Texture # 3- White color Non Fibrous 08C None Detected 100% Other Heterogeneous
1311338PLM_24 Crushed
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/or heterogeneous soil samples be conductedDO 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 the written 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%. Dorlos Ammerman (24)
Analyst Approved Signatory Page 94 of 199 plm_3.3.004 Scientific Analytical Institute, Inc. 4604 Dundas Dr. Greensboro, NC 27407 (336) 292-3888 Page 3 of 3 \ ~~\ ~ ?, '6
Ient ECOH Management Version 1-15-2012 ContIIct: Justyna Darowna '8"lbryGCl' COr1Iact Ho IAdena: Mississauga. Ontario L5T 1X7 PhOne: (905) 795-2800 ext 242 See.,~ CII:t the Fa;. (905) 795-2870 boaoftt~' n.ra. EmIli [email protected] [email protected] ~ 14602 "." SdMtItfc ..... AnalytIcal MIl Proceed to next lettered sample (Le. a, b, c, ,...mute etc.), of each numbered sample set (Le. 01, 02. 03, etc.). only If previous sample is less than CIIint Notes: 0.5% asbestos content CWJ -yow en"""".,.., "Sheet1 P.o. t. Javier Romero D. '** DaI1J-1-iIndDele 2..opIIottIII 4604 Dundas Drive D... Submitted: 61141201313:00 ._ :;.,d:J "."1IhtNI.., on the oIfIdBI Greensboro, He 27407 JIfIicirf, howfNIi,..,"be Included Phone: 336.292.3888 AnaIy8Is: PLM EPA 600/R-93/116 .,... 81ec1nJnJc:dIIa taIrmed to you Fax: 336.292.3313 TurnAroundTlme: 5 day TAT COPY Email: labOsallab.com 10""JIOII""'atb1 rAlIre I8DOrl data. 24 Samples lsame Number -Data 1 Simp!! DeecrlPIIOft Data 2· <... 14602-ASB-01 A Supply Office Room-Ground Floor Drywall joint compound 14602-ASB-01 B Supply Office Room-Ground Floor Drywall jOint compound 14602-ASB-01C Supply Office Room-Ground Floor Drywall jOint compound 14602-ASB-02A Exterior Window-Ground Floor caulking # 1- White color 14602-ASB-02B Exterior Window-Ground Floor caulking # 1- White color 14602-ASB-02C Exterior Window-Ground Floor Caulking # 1- White color 14602-ASB-03A Frame door-Supply Office Room-Ground Flo Caulking # 2- Gray color 14602-ASB-03B Frame door-Supply Office Room-Ground Flo. caulking # 2- Gray color SUBMIT 14602-ASB-03C Front desk-Supply Office Room-Ground Floo Caulking # 2- Gray color 14602-ASB-04A Frame/Access door-Basement Caulking # 3- Green color 14602-ASB-04B Frame/Access door-Basement caulking # 3- Green color 14602-ASB-04C Frame/Access door-Basement caulking # 3- Green color 14602-ASB-05A Exterior Window-Roof caulking # 4- Beige color 14602-ASB-05B Exterior Window-Roof Caulking # 4- Beige color 14602-ASB-05C Exterior Window-Roof caulking # 4- Beige color 14602-ASB-06A Wall-Basement Texture # 1- Beige color 14602-ASB-06B Wall-Basement Texture # 1- Beige color ~ 14602-ASB-06C Wall-Basement Texture # 1- Beige color 14602-ASB-07A Ceiling-Basement Texture # 2- Beige color . AccePtedV 14602-ASB-07B Ceiling-Basement Texture # 2- Beige color 14602-ASB-07C Ceiling-Basement Texture # 2- Beige color ReJectad 14602-ASB-08A Stair/Wall-Basement Texture NOT# 3- White color 0 14602-ASB-08B Stair/Wall-Basement Texture # 3- White color 14602-ASB-08C Stair/Wall-BasementVIEWING Texture # 3- White color ~ u-",d-.. Customer: ECOH Management Inc Attn: Javier Romero Lab Order ID: 1311341 6130 Tomken Rd Craig Maunder Analysis ID: 1311341_PBP Mississauga Ontario L5T 1X7 Date Received: 6/17/2013 Date Reported: 6/22/2013 Project: 14602;Javier Romero D. Sample ID Description MassAnalytical Sensitivity Concentration Lab Sample ID Lab Notes (g) (% by weight) (% by weight) 14602-Pb-01 Exterior wall-ground floor 0.0286 0.005% < 0.014% 1311341PBP_1 14602-Pb-02 Supply office room-ground floor 0.0765 0.002% < 0.005% 1311341PBP_2 14602-Pb-03 Interior wall-Basement COPY 0.0756 0.002% < 0.005% 1311341PBP_3 14602-Pb-04 Chase pipe-basement 0.0834 0.002% < 0.005% 1311341PBP_4 14602-Pb-05 Door/supply office room-ground floor 0.0476 0.003% < 0.008% 1311341PBP_5 SUBMIT 14602-Pb-06 Frame door-supply office room-ground floor 0.0407 0.003% < 0.01% 1311341PBP_6 14602-Pb-07 Exterior access door-basement 0.0536 0.003% < 0.007% 1311341PBP_7 14602-Pb-08 Interior door-basement 0.0570 0.002% < 0.007% 1311341PBP_8 NOT 14602-Pb-09VIEWINGInterior door-basement 0.0490 0.003% 0.56% 1311341PBP_9 14602-Pb-10 Furnace-gas pipe-basement 0.0446 0.003% 1.3% 1311341PBP_10 The quality control samplesDO 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 (10) Analyst Laboratory Director pbRpt_3.3.8/pbCalc_3.4.01 Page 96 of 199 Scientific Analytical Institute, Inc. 4604 Dundas Dr. Greensboro, NC 27407 (336) 292-3888 Page 1 of 1 l 3 \ \ ?>L\ l Client: ECOH Management Version 1-15-2012 Contact: Justyna Darowna Address: Mississauga, Ontario L5T 1X7 Phone: (905) 795-2800 ext 228 Fax: (905) 795-2870 EmaIl: [email protected]: [email protected] ::~ befween -cc-and "» Project: 14602 :~ wffh){-CC -.bon the If,., sample Sdentlfk: . ' "» - below the '-at sample. I Analytical Client Notes: [Enter Client Notes Here] ~..~data on the first sheet "Sheet1 Institute P.O.#. Javier Romero D. 4604 Dundas-- Dl1ve Date Submitted: 6/14/201313:00 Greensboro, He 27407 Phone: 336.292.3888 Analysis: Paint Chips by Flame AA Fax: 336.292.3313 TumAroundTIme: 5 davTAT COPYEma il: labOsallab.com [Sample Number Data 1 Sample De!crIptIon Data 2 « 14602-Pb-01 Exterior Wall-Ground Floor Mortar-Brick 14602-Pb-02 Supply Office Room-Ground Floor Mortar-Concrete Block 14602-Pb-03 Interior Wall-Basement Mortar-Brick 14602-Pb-04 Chase pipe-Basement Mortar-Brick 14602-Pb-05 Door/Supply Office Room-Ground Floor Beige color paint 14602-Pb-06 Frame door-Supply Office Room-Ground Floor Gray color paint SUBMIT 14602-Pb-07 Exterior Access Door-Basement Green color paint 14602-Pb-08 Interior door-Basement Beige color paint 14602-Pb-09 Interior door-Basement Gray color paint 14602-Pb-10 Furnace-Gas pipe-Basement Yellow color paint » NOT VIEWING ~ ce ~n~w Oi:xf~ 6' lo- \( DO Page 97 of 199 q COPY SUBMIT VIEWINGNOT DO Page 98 of 199 COPY SUBMIT VIEWINGNOT DO Page 99 of 199 PRE-RENOVATION DESIGNATED SUBSTANCE AND HAZARDOUS MATERIAL ASSESSMENT BUILDING “C” Yonge Street Yard Garage & Office Building 1008 Yonge Street Toronto, Ontario COPY Submitted to: Sarar Reid Environmental Coordinator City of Toronto SUBMIT Facilities Management Metro Hall, 2nd Flooor 55 John Street Toronto, Ontario M5V 3C6 Presented by: ECOH Inc. NOT6130 Tomken Road VIEWINGMississauga, ON L5T 1X7 ECOH Project No: 14955 DO February 18, 2014 Page 100 of 199 PRE-RENOVATION DESIGNATED SUBSTANCE AND HAZARDOUS MATERIAL ASSESSMENT YONGE STREET YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14955 FEBRUARY 2014 ECOH Inc. (ECOH) was retained by The City of Toronto to conduct a designated substance and hazardous materials assessment at the Yonge Street Yard, located at 1008 Yonge Street, Toronto, Ontario. ECOH understands the survey is being conducted in preparation for the full replacement of the concrete slab floor in Building C, and the installation of steel lintels in the basement Pipe Chase to support the exterior brick walls. As such, the scope of this survey was limited to the main floor and basement of Building C, and the adjoining basement Pipe Chase (Locations 0-02 through 0-06, 1-09 & 1-11, hereafter referred to collectively as the Project Area). Mr. Javier Romero of ECOH completed the assessment of the project area on June 12, 2013 and Mr. Frank Schlaefli re-visited the project area at the City of Toronto’s request on January 21, 2014. The assessment included visual assessment and sampling for the presence of Designated Substances (asbestos, lead, mercury, etc.) and other hazardous materials (such as mould, UFFI, PCBs, etc.). Details and Observations: 1. Areas investigated during the site survey (the “Project Area”) included the Ground Floor of Building C (Location 1-09, 1-11), the Basement Level of Building C (Locations 0-02, 0-03, 0-05, 0-06), and the Basement Pipe Chase adjoining Building C (Locations 0-03a, 0-03b, 0-04). 2. ECOH collected samples of all previously un-sampled, or incorrectly sampled, potentially asbestos- containing materials. A summary of the laboratory analysis for collected samples is presented in Table 2, and the laboratory analysis report is included COPYas Attachment 1. A drawing indicating asbestos sample locations is included as Attachment 3. 3. General site conditions and asbestos-related information for the Project Area includes the following: a. Floors are poured concrete. b. Ceilings are not present. c. Walls are composed of concrete block or brick, unless otherwise specified below: i. Drywall containing drywall joint compound (DJC) was identified on walls in Location 1-11 (Office/Supply Room). Three (3) representative samples (14602-ASB-01A to -01C) were collected, andSUBMIT laboratory analysis determined the material is non-asbestos. ii. Two (2) visually-distinct types of textured plaster were observed applied to walls within the Building C Basement: 1. Beige textured plaster was identified on walls in Location 0-01 (Central Basement Room). Three (3) representative samples were collected (14602- ASB-06A to -06C), and laboratory analysis determined the material is non-asbestos. 2. White textured plaster was identified on walls in Location 0-02 (Basement Stairs). Three (3) representative samples were collected (14602-ASB-08A to -08C),NOT and laboratory analysis determined the material is non-asbestos. VIEWINGd. Four (4) visually-distinct types of caulking are present around various windows and doors within the project area, as follows: i. Green caulking was found around the doorframe for the basement access door in Location 1-09 (Open Area). Three (3) representative samples were collected (14602-ASB-04A to -04C), and laboratory analysis determined the material is asbestos-containing. Approximately three (3) square feet of material is present. ii. White caulking was identified around the windows on the exterior of Building C DO(Location 0-00). Three (3) representative samples were collected (14602-ASB-02A to -02C), and laboratory analysis determined the material is non- asbestos. ECOH Page 101 of 199 Page 1 of 12 PRE-RENOVATION DESIGNATED SUBSTANCE AND HAZARDOUS MATERIAL ASSESSMENT YONGE STREET YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14955 FEBRUARY 2014 iii. Gray caulking was found around the doorframe and front desk of Location 1-11 (Office/Supply Room). Three (3) representative samples were collected (14602-ASB-03A to -03C), and laboratory analysis determined the material is non- asbestos. iv. Beige caulking was found around windows in the roof, on the Building Exterior (Location 0-00). Three (3) representative samples were collected (14602-ASB-05A to -05C), and laboratory analysis determined the material is non- asbestos. e. Structural components (i.e. deck, beams and columns) are formed of non-insulated wood, concrete and steel, unless otherwise specified below. i. Beige textured plaster was identified on the deck in Location 0-01 (Central Basement Room). Three (3) representative samples of the textured plaster were collected (14602-ASB-07A to -07C), and laboratory analysis determined the material is non-asbestos. f. Pipes throughout the Project Area are either not insulated or are insulated with non- asbestos fibreglass insulation. g. Ducting was not observed within the Project Area. h. Refer to Table 1 (below) for sample details and COPYlaboratory analysis results. TABLE 1 Summary of Analysis of Bulk Samples Sample Number Sample Location Sample Description Results None 14602-ASB-01A Loc 1-11 (Supply Room/Office) Drywall Joint Compound Detected None 14602-ASB-01B Loc 1-11 (Supply Room/Office) Drywall Joint Compound Detected None 14602-ASB-01C Loc 1-11 (Supply Room/Office) Drywall Joint Compound SUBMITDetected White Exterior Window None 14602-ASB-02A Loc 0-00 (Building Exterior) Caulking Detected White Exterior Window None 14602-ASB-02B Loc 0-00 (Building Exterior) Caulking Detected White Exterior Window None 14602-ASB-02C Loc 0-00 (Building Exterior) Caulking Detected None 14602-ASB-03A Loc 1-11 (Supply Room/Office) Gray Doorframe Caulking Detected None 14602-ASB-03B Loc 1-11 (Supply Room/Office) Gray Doorframe Caulking Detected None 14602-ASB-03C Loc 1-11 (Supply Room/Office) Gray Doorframe Caulking NOT Detected Green Caulking around 4% VIEWING14602-ASB-04A Loc 1-09 (Open Area) frame of exterior access Chrysotile door Green Caulking around Not Analysed 14602-ASB-04B Loc 1-09 (Open Area) frame of exterior access (Stop Positive) door Green Caulking around Not Analysed 14602-ASB-04C Loc 1-09 (Open Area) frame of exterior access (Stop Positive) DO door Beige Window Caulking on None 14602-ASB-05A Loc 0-00 (Building Exterior) Roof Windows Detected ECOH Page 102 of 199 Page 2 of 12 PRE-RENOVATION DESIGNATED SUBSTANCE AND HAZARDOUS MATERIAL ASSESSMENT YONGE STREET YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14955 FEBRUARY 2014 TABLE 1 Summary of Analysis of Bulk Samples Sample Number Sample Location Sample Description Results Beige Window Caulking on None 14602-ASB-05B Loc 0-00 (Building Exterior) Roof Windows Detected Beige Window Caulking on None 14602-ASB-05C Loc 0-00 (Building Exterior) Roof Windows Detected Beige Textured Plaster on None 14602-ASB-06A Loc 0-01 (Central Basement Room) Walls Detected Beige Textured Plaster on None 14602-ASB-06B Loc 0-01 (Central Basement Room) Walls Detected Beige Textured Plaster on None 14602-ASB-06C Loc 0-01 (Central Basement Room) Walls Detected Beige Textured Plaster on None 14602-ASB-07A Loc 0-01 (Central Basement Room) Deck Detected Beige Textured Plaster on None 14602-ASB-07B Loc 0-01 (Central Basement Room) Deck Detected Beige Textured Plaster on None 14602-ASB-07C Loc 0-01 (Central Basement Room) Deck Detected White Textured Plaster on None 14602-ASB-08A Loc 0-02 (Basement Stairs) COPYWalls Detected White Textured Plaster on None 14602-ASB-08B Loc 0-02 (Basement Stairs) Walls Detected White Textured Plaster on None 14602-ASB-08C Loc 0-02 (Basement Stairs) Walls Detected - pink shading indicates sample result positive for asbestos (if applicable) 4. Although no regulations exist in Ontario to define a lead-basedSUBMIT paint, guidelines indicate that paint containing 0.5% lead concentration by dry weight (i.e. concentrations of lead at or above 0.5% (5000 parts per million (ppm)), which is comparable to 1.0 milligrams per square centimetre (mg/cm2)) is considered to be a lead-based paint. Samples of suspected lead-containing materials collected on June 12, 2013, were submitted to Scientific Analytical Institute (SAI), an independent commercial laboratory, for analysis by flame atomic absorption spectroscopy. Although not required by provincial regulation, all laboratories used by ECOH are accredited under the American Industrial Hygiene Association Laboratory Accreditation Program (AIHA LAP) for environmental lead analysis, to ensure consistent, accurate and defensible results. During ECOH’s return visitNOT on January 21, 2014, the presence of lead in paint was assessed by the use of an X-Ray Fluorescence (XRF) spectrum analyser. The analyser reports results VIEWING2 instantaneously in units of mg/cm . Calibration of the analyser was completed using a performance characteristic sheet, which stipulates calibration check limits between 0.8 to 1.2 mg/cm2. A summary of the laboratory analysis for collected samples is presented in Table 2, and the laboratory analysis report for samples collected on June 12, 2013 is included as Attachment 2. A drawing indicating lead sample locationsDO is included as Attachment 3. ECOH Page 103 of 199 Page 3 of 12 PRE-RENOVATION DESIGNATED SUBSTANCE AND HAZARDOUS MATERIAL ASSESSMENT YONGE STREET YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14955 FEBRUARY 2014 TABLE 2 Summary of Lead Based Paints and Mortar by Laboratory Analysis Sample Analytical Location Description Result number Results Loc 0-00 Mortar from exterior brick 14602-PB-01 <0.014% NEGATIVE (Building Exterior) wall Loc 1-11 Mortar from concrete 14602-PB-02 <0.005% NEGATIVE (Office/Supply Room) block wall Loc 0-01 14602-PB-03 Mortar from brick wall <0.005% NEGATIVE (Central Basement Room) Loc 0-04 14602-PB-04 Mortar from brick wall <0.005% NEGATIVE (Pipe Chase Room) Loc 1-11 14602-PB-05 Beige paint on door <0.008% NEGATIVE (Office/Supply Room) Loc 1-11 14602-PB-06 Gray paint on doorframe <0.01% NEGATIVE (Office/Supply Room) COPY Loc 1-09 Green paint on basement 14602-PB-07 <0.007% NEGATIVE (Open Area) access door Loc 0-01 Beige paint on interior 14602-PB-08 <0.007% NEGATIVE (Central Basement Room) door Loc 0-05 Gray paint on interior 14602-PB-09 (Basement South-West 0.56% POSITIVE door Room) Loc 0-01 SUBMIT Yellow paint on gas 14602-PB-10 (Central Basement 1.3% POSITIVE pipeline from furnace Room) Loc 0-01 14602-PB-11 Green Paint on pipes 0.19 ±0.02 NEGATIVE (Central Basement Room) Loc 0-01 14602-PB -12 Green Paint on hatch 0.11 ±0.02 NEGATIVE (Central Basement Room) Loc 0-01 14602-PB -13 Beige paint on columns 0.15 ±0.06 NEGATIVE (Central Basement Room)NOT Loc 0-01 14602-PB -14 Beige paint on walls 0.00 ±0.02 NEGATIVE VIEWING(Central Basement Room) Loc 0-01 14602- PB-15 Beige paint on deck 0.10 ±0.05 NEGATIVE (Central Basement Room) Loc 0-05 14602- PB-16 (Basement South-West Beige paint on walls 0.07 ±0.11 NEGATIVE DORoom) Loc 0-05 14602- PB-17 (Basement South-West Beige paint on columns 0.15 ±0.05 NEGATIVE Room) ECOH Page 104 of 199 Page 4 of 12 PRE-RENOVATION DESIGNATED SUBSTANCE AND HAZARDOUS MATERIAL ASSESSMENT YONGE STREET YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14955 FEBRUARY 2014 TABLE 2 Summary of Lead Based Paints and Mortar by Laboratory Analysis Loc 0-06 14602- PB-18 (Basement North-West Beige paint on columns 0.01 ±0.02 NEGATIVE Room) Loc 0-02 14602- PB-19 Beige paint on walls 0.00 ±0.02 NEGATIVE (Basement Stairwell) Loc 1-09 14602- PB-20 Beige paint on walls 0.20 ±0.19 NEGATIVE (Open Area) Loc 1-09 14602-PB -21 White paint on walls 0.00 ±0.02 NEGATIVE (Open Area) Loc 1-09 White paint on radiator 14602- PB-22 0.14 ±0.17 NEGATIVE (Open Area) pipes Loc 1-11 14602-PB -23 Yellow interior door paint 0.00 ±0.02 NEGATIVE (Office/Supply Room) COPY Loc 0-00 Yellow paint on garage 14602-PB -24 1.6 ±0.40 POSITIVE (Building Exterior) metal corner protector - pink shading indicates sample result positive for lead (if applicable) Lab results confirm that lead-based paints are present withinSUBMIT the project area in the following locations: Location 0-05 (Basement South-West Room): Grey paint on interior door. Location 0-01 (Central Basement Room): Yellow paint on gas pipeline from furnace. Location 0-00 (Building Exterior): Yellow paint on garage metal corner protector. All other paint and mortar samples were confirmed to contain trace concentrations of lead (i.e. below 0.5% or 1.0mg/cm2). Beyond those listed in Table 2 and 3, no other major sources of lead or lead-containing products were observed during this survey. However,NOT the following should be noted. o Lead may be present in wiring connectors and electric cable sheathing, and VIEWING Lead may be present in solder joints on copper piping. o 5. Free crystalline silica in the form of common construction sand is present in all concrete and masonry products within the work area. 6. Fluorescent light ballasts are present in the work area and may contain polychlorinated biphenyls (PCBs). 7. Mercury DOvapour is assumed to be present within florescent light tubes and thermostats. 8. Other designated substances including, Arsenic, Acrylonitrile, Benzene, Coke Oven Emissions, Ethylene Oxide, Isocyanates, and Vinyl Chloride Monomer were not noted in significant quantities or forms, if at all, within the project area. ECOH Page 105 of 199 Page 5 of 12 PRE-RENOVATION DESIGNATED SUBSTANCE AND HAZARDOUS MATERIAL ASSESSMENT YONGE STREET YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14955 FEBRUARY 2014 9. Other potentially hazardous building materials, such as Ozone Depleting Substances (which includes chlorofluorocarbons (CFCs) and various related compounds), fecal waste, and Urea Formaldehyde Foam Insulation (UFFI), were not identified during this assessment. Discussion and Recommendations: The following recommendations meet requirements of the Occupational Health and Safety Act. Asbestos recommendations meet the requirements of Ontario Regulation 278/05: Designated Substance – Regulation respecting Asbestos on Construction Projects and in Buildings and Repair Operations. Lead recommendations meet the requirements of the Ontario Ministry of Labour (MOL) document Guideline - Lead on Construction Projects, dated April 2011. Based upon the findings of this assessment, ECOH Inc. offers the following recommendations for your consideration. 1. Green caulking around the basement access door frame in Location 1-09 (Open Area) is asbestos- containing. If the potential exists for this material to be disturbed during renovation work, the material should be removed prior to the work. Caulking removal should follow Type 1 asbestos safety precautions, provided the material is wetted, and removal is completed using only hand tools. 2. All other potentially asbestos-containing materials within the Project Area were sampled prior to, or during, the investigation, and laboratory analysis indicatedCOPY that these materials are non-asbestos . Removal or disturbance of materials confirmed to be non-asbestos does not require asbestos safety precautions but should employ general health and safety precautions that may include dust suppression. 3. Lead-based paint was found in the following locations: a. Location 0-05 (Basement South-West Room): Grey paint on an interior door (0.56% lead by dry weight). Approximately fifteen (50) square feet of paint is present on the door. b. Location 0-01 (Central Basement Room): Yellow SUBMITpaint on a gas pipeline leading from a furnace (1.3% lead by dry weight). Approximately thirty (30) square feet of paint is present on the pipe. c. Location 0-00 (Building Exterior): Yellow paint on metal corner protectors around the garage door (1.6 ±0.4 mg/cm2). Approximately twelve (12) square feet of paint is present on the main garage door entrance. If the potential exists for these lead-based paints to be disturbed during renovation work, the material should be removed prior to the work following lead safety precautions appropriate to the removal technique (as per MOL’s Guideline – Lead on Construction Projects). (Most commonly, the paint is manually scraped off the substrate with hand tools, following Type 2a lead safety precautions). 4. All other potentially lead-containingNOT materials within the Project Area were sampled prior to, or during, the investigation, and analysis indicated that these materials contain only trace concentrations VIEWINGof lead (ie. <0.5%). Renovation, demolition or general construction work involving the removal of materials containing only trace concentrations of lead can be completed without lead specific safety precautions provided that: a) Work does not include 'fume generating activities' (heat producing) such as welding, torching, burning,DO high temperature cutting, etc., b) Work does not include dust-generating activities such as grinding, cutting or chemical stripping, ECOH Page 106 of 199 Page 6 of 12 PRE-RENOVATION DESIGNATED SUBSTANCE AND HAZARDOUS MATERIAL ASSESSMENT YONGE STREET YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14955 FEBRUARY 2014 c) Dust levels are maintained below 3mg/m3, and d) General health and safety construction procedures are implemented, which would include dust suppression methods, proper respiratory protection (minimum of a 1/2-face respirator) and protective clothing, as is appropriate for the work being completed. Any work involving the disturbance of building materials assumed to contain lead (e.g. main metal doors, wiring connectors or electric cable sheathing) should be conducted following recommendations detailed within the Ministry of Labour document Guideline - Lead on Construction Projects, dated April 2011. 5. During project work, if any additional materials are found beyond those which are described in this report, or described in the existing inventory of asbestos-containing materials (i.e. materials not previously identified, or materials that are not homogenous to those previously identified, or materials that become revealed during the work), additional testing for asbestos-content should be completed immediately and prior to disturbance of the material. Alternatively, these materials can be assumed to contain asbestos, and the appropriate level of asbestos safety precautions must be implemented. 6. Any work involving the disturbance of materials that may contain silica should be conducted following recommendations detailed in the Ministry of Labour document “Guideline - Silica on Construction Projects”, dated April 2011. COPY 7. The presence of mercury within assembled units (e.g. vapour within fluorescent light bulbs) should not be considered a hazard provided that the assembled units remain sealed and intact. Avoid inhalation of mercury vapour. 8. If future renovation work requires the disposal of fluorescent light ballasts, ballasts should be disassembled to observe serial codes and then compared to standard PCB Identifier Code literature. Ballasts with unidentifiable serial codes, or from manufactures who are not included in the standard PCB Identifier Code literature, or which are not clearly labelled as “PCB Free”, or for which no date is clearly visible (ballasts dated 1981 or later do not contain PCBs) must be assumed to contain PCBs. Ballasts confirmed or assumed to contain PCBs must be disposedSUBMIT of following the requirements of the Ontario Environmental Protection Act, Ontario Regulation 362: PCB Waste Management and Ontario Regulation 347: General-Waste Management (as amended by O. Reg. 558/00). 9. Other designated substances, if present, are not expected to be a source of concern during work carried out for the purposes of this project and their potential presence should be adequately addressed using general health and safety precautions including, in part, the use of dust suppression techniques and appropriate respiratory protection. 10. Should work be required in areas of the building beyond those investigated during this survey, additional site investigations should be completed to assess the presence of Designated Substances or Hazardous Materials. NOT 11. All designated substances or hazardous materials removed should be disposed of following applicable VIEWINGfederal and/or provincial regulations. Statement ofDO Limitations Details of the above investigation and recommendations are based upon the scope of work understood by ECOH Inc. (ECOH) at the time of inspection. Should changes occur to any aspect of the project scope of work, ECOH should be informed in order to determine if additional site investigations are required. ECOH Page 107 of 199 Page 7 of 12 PRE-RENOVATION DESIGNATED SUBSTANCE AND HAZARDOUS MATERIAL ASSESSMENT YONGE STREET YARD 1008 YONGE STREET, TORONTO, ONTARIO ECOH PROJECT NO. 14955 FEBRUARY 2014 The observations, results and conclusions drawn by ECOH are limited to the specific scope of work for which ECOH was retained, and are based solely on informatioon generated as a result of the specific scope of work authorized by The City of Toronto. Only those items that are capable of being observed, and are reasonably obvious to ECOH personnel or have been ideentified to ECOH by other parties, can be reported. ECOH has exercised a degree of thoroughness and competence that is consistent with the profession during the execution of this assessment. ECOH considers the opinions and information as they are presented in this report to be factual at the time of the assessment. The conclusions are limited to the specific locations of where testing and/or observations were completed during the course of the assessment. Work was completed with the utmost care and our extensive expertise in carrying out assessments. ECOH believes that the information collected during the assessment concerning the Project Area is reliable. No other warranties are implied or expressed. ECOH, to the best of its knowledge, believes this report to be accurate, however, ECOH cannot guarantee the completeness or accuracy of information supplied to ECOH by third parties. ECOH is an Environmental Consulting Company and as such any results or conclusions presented in this report should not be construed as legal advice. The material in this report reflects ECOH’s professional interpretation of information available at the time of report preparation. Any use which a third party makes of this report, or any reliance on or decisions to be made based on it, are the responsibility of such third parties. ECOH accepts no responsibility for damages, ifCOPY any, suffered by any third party as a result of decisions made or actions based on this report. Should additional information beccome available that suggests other environmental issues of concern, beyond those described in this report, ECOH Inc. retains the right to review this information and modify conclusions and recommendations presented in this report accordingly. Should you have any questions, please do not hesitate to contact us at (9055) 795-2800. ECOH Environmental Consulting SUBMIT Occupational Health Prepared By: Reviewed By: Frank Schlaefli, B.Sc. Craig Maunder, M.Sc. Environmental Scientists Project Manaager Attachment 1: Laboratory Analysis NOTReport for Asbestos Bulk Samples AttachmVIEWINGent 2: Laboratory Analysis Report for Lead Bulk Samples Attachment 3: Project Drawing DO ECOH Page 108 of 199 Page 8 of 12 COPY APPENDIX I LABORATORY CERTIFICATES OF ANALYSIS – ASBESTOS SAMPLESSUBMIT VIEWINGNOT DO Page 109 of 199 By Polarized Light Microscopy EPA Method: 600/R-93/116 and 600/M4-82-020 Customer: ECOH Management Inc Attn: Javier Romero Lab Order ID: 1311338 6130 Tomken Rd Craig Maunder Analysis ID: 1311338_PLM Mississauga Ontario L5T 1X7 Date Received: 6/17/2013 Project: Javier Romero D. ;14602 Date Reported: 6/22/2013 Sample ID Description Asbestos Fibrous Non-Fibrous Attributes Lab Sample ID Lab Notes Components Components Treatment White 14602-ASB- Drywall joint compound Non Fibrous 01A None Detected 100% Other Homogeneous 1311338PLM_1 Crushed White 14602-ASB- Drywall joint compound Non Fibrous 01B None Detected 100% Other Homogeneous 1311338PLM_2 COPYCrushed White 14602-ASB- Drywall joint compound Non Fibrous 01C None Detected 100% Other Homogeneous 1311338PLM_3 Crushed White 14602-ASB- Caulking # 1- White color Non Fibrous 02A None Detected 100% Other Homogeneous 1311338PLM_4 SUBMITAshed White 14602-ASB- Caulking # 1- White color Non Fibrous 02B None Detected 100% Other Homogeneous 1311338PLM_5 Ashed White 14602-ASB- Caulking # 1- White color Non Fibrous 02C None Detected 100% Other Homogeneous 1311338PLM_6 Ashed Gray 14602-ASB- Caulking # 2- Gray color Non Fibrous NOT 100% Other Homogeneous 03A None Detected VIEWING Dissolved 1311338PLM_7 Gray 14602-ASB- Caulking # 2- Gray color Non Fibrous 03B None Detected 100% Other Homogeneous 1311338PLM_8 Dissolved 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/or heterogeneous soil samples be conductedDO 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 the written 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%. Dorlos Ammerman (24) Analyst Approved Signatory Page 110 of 199 plm_3.3.008 Scientific Analytical Institute, Inc. 4604 Dundas Dr. Greensboro, NC 27407 (336) 292-3888 Page 1 of 3 By Polarized Light Microscopy EPA Method: 600/R-93/116 and 600/M4-82-020 Customer: ECOH Management Inc Attn: Javier Romero Lab Order ID: 1311338 6130 Tomken Rd Craig Maunder Analysis ID: 1311338_PLM Mississauga Ontario L5T 1X7 Date Received: 6/17/2013 Project: Javier Romero D. ;14602 Date Reported: 6/22/2013 Sample ID Description Asbestos Fibrous Non-Fibrous Attributes Lab Sample ID Lab Notes Components Components Treatment Gray 14602-ASB- Caulking # 2- Gray color Non Fibrous 03C None Detected 100% Other Homogeneous 1311338PLM_9 Dissolved Gray 14602-ASB- Caulking # 3- Green color Non Fibrous 04A 4% Chrysotile 96% Other Homogeneous 1311338PLM_10 COPYDissolved 14602-ASB- Caulking # 3- Green color 04B Not Analyzed 1311338PLM_11 14602-ASB- Caulking # 3- Green color 04C Not Analyzed 1311338PLM_12 SUBMIT Beige 14602-ASB- Caulking # 4- Beige color Non Fibrous 05A None Detected 100% Other Homogeneous 1311338PLM_13 Ashed Gray 14602-ASB- Caulking # 4- Beige color Non Fibrous 05B None Detected 100% Other Homogeneous 1311338PLM_14 Ashed Beige 14602-ASB- Caulking # 4- Beige color Non Fibrous NOT 100% Other Homogeneous 05C None Detected VIEWING Ashed 1311338PLM_15 14602-ASB- Textured Plaster # 1- Beige Beige color Non Fibrous 06A None Detected 100% Other Heterogeneous 1311338PLM_16 Crushed 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/or heterogeneous soil samples be conductedDO 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 the written 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%. Dorlos Ammerman (24) Analyst Approved Signatory Page 111 of 199 plm_3.3.008 Scientific Analytical Institute, Inc. 4604 Dundas Dr. Greensboro, NC 27407 (336) 292-3888 Page 2 of 3 By Polarized Light Microscopy EPA Method: 600/R-93/116 and 600/M4-82-020 Customer: ECOH Management Inc Attn: Javier Romero Lab Order ID: 1311338 6130 Tomken Rd Craig Maunder Analysis ID: 1311338_PLM Mississauga Ontario L5T 1X7 Date Received: 6/17/2013 Project: Javier Romero D. ;14602 Date Reported: 6/22/2013 Sample ID Description Asbestos Fibrous Non-Fibrous Attributes Lab Sample ID Lab Notes Components Components Treatment 14602-ASB- Textured Plaster # 1- Beige Beige color Non Fibrous 06B None Detected 100% Other Heterogeneous 1311338PLM_17 Crushed 14602-ASB- Textured Plaster # 1- Beige Beige color Non Fibrous 06C None Detected 100% Other Heterogeneous 1311338PLM_18 COPYCrushed 14602-ASB- Textured Plaster # 2- Beige Beige color Non Fibrous 07A None Detected 100% Other Heterogeneous 1311338PLM_19 Crushed 14602-ASB- Textured Plaster # 2- Beige Gray color Non Fibrous 07B None Detected 100% Other Heterogeneous 1311338PLM_20 SUBMITCrushed 14602-ASB- Textured Plaster # 2- Beige Gray color Non Fibrous 07C None Detected 100% Other Heterogeneous 1311338PLM_21 Crushed 14602-ASB- Textured Plaster # 3- White Tan, White color Non Fibrous 08A None Detected 100% Other Heterogeneous 1311338PLM_22 Crushed 14602-ASB- Textured Plaster # 3- White Tan, White color Non Fibrous NOT 100% Other Heterogeneous 08B None Detected VIEWING Crushed 1311338PLM_23 14602-ASB- Textured Plaster # 3- White Tan, White color Non Fibrous 08C None Detected 100% Other Heterogeneous 1311338PLM_24 Crushed 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/or heterogeneous soil samples be conductedDO 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 the written 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%. Dorlos Ammerman (24) Analyst Approved Signatory Page 112 of 199 plm_3.3.008 Scientific Analytical Institute, Inc. 4604 Dundas Dr. Greensboro, NC 27407 (336) 292-3888 Page 3 of 3 COPY SUBMIT VIEWINGNOT DO Page 113 of 199 COPY APPENDIX II LABORATORY CERTIFICATES OF ANALYSIS – LEAD SAMPLES SUBMIT VIEWINGNOT DO Page 114 of 199 by Flame Atomic Absorption Spectroscopy EPA SW-846 3rd Ed. Method No. 3050B/Method No. 7420 Customer: ECOH Management Inc Attn: Javier Romero Lab Order ID: 1311341 6130 Tomken Rd Craig Maunder Analysis ID: 1311341_PBP Mississauga Ontario L5T 1X7 Date Received: 6/17/2013 Date Reported: 6/22/2013 Project: 14602;Javier Romero D. Sample ID Description MassAnalytical Sensitivity Concentration Lab Sample ID Lab Notes (g) (% by weight) (% by weight) 14602-Pb-01 Exterior Wall-Ground Floor - Loc 1-11 0.0286 0.005% < 0.014% 1311341PBP_1 14602-Pb-02 Office/Supply Room-Ground Floor - Loc 1-11 0.0765 0.002% < 0.005% 1311341PBP_2 14602-Pb-03 Interior Wall-Basement - Loc 0-01 COPY 0.0756 0.002% < 0.005% 1311341PBP_3 14602-Pb-04 Pipe Chase -Basement - Loc 0-04 0.0834 0.002% < 0.005% 1311341PBP_4 14602-Pb-05 Door to Office/Supply Room - Loc 1-11 0.0476 0.003% < 0.008% 1311341PBP_5 SUBMIT 14602-Pb-06 Doorframe - Office/Supply Room - Loc 1-11 0.0407 0.003% < 0.01% 1311341PBP_6 14602-Pb-07 Exterior Access Door - Loc 1-09 0.0536 0.003% < 0.007% 1311341PBP_7 14602-Pb-08 Interior door - Basement - Loc 0-01 0.0570 0.002% < 0.007% 1311341PBP_8 NOT 14602-Pb-09VIEWINGInterior door - Basement - Loc 0-05 0.0490 0.003% 0.56% 1311341PBP_9 14602-Pb-10 Gas pipe to furnace - Basement - Loc 0-01 0.0446 0.003% 1.3% 1311341PBP_10 The quality control samplesDO 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 (10) Analyst Laboratory Director pbRpt_3.3.10/pbCalc_3.4.0 Page 115 of 199 1 Scientific Analytical Institute, Inc. 4604 Dundas Dr. Greensboro, NC 27407 (336) 292-3888 Page 1 of 1 COPY SUBMIT VIEWINGNOT DO Page 116 of 199 COPY APPENDIX III PROJECT DRAWING SUBMIT VIEWINGNOT DO Page 117 of 199 COPY SUBMIT VIEWINGNOT DO Page 118 of 199 COPY SUBMIT VIEWINGNOT DO Page 119 of 199 Section 5 – General Conditions Of Contract CCDC 2 Stipulated Price Contract 2008 ("CCDC 2") as modified by the City of Toronto's Supplementary Conditions to CCDC 2, October 2012 constitutes the General Conditions of Contract in this Section CCDC 2 is published by the Canadian Construction Document Committee ("CCDC") and is available for purchase at http://toronto.csc-dcc.ca/Document+Store/ The successful Bidder shall acquire the necessary copyright seal from CCDC and affix the seal on the cover page of CCDC 2 for attachment to the executed agreement. CITY OF TORONTO SUPPLEMENTARY CONDITIONS TO CCDC 2-2008 STIPULATED PRICE CONTRACT COPY October 2012 SUBMIT VIEWINGNOT DO PMMD V 5.0a – October 9, 2012 Page 5-1 Page 120 of 199 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 COPY 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 SUBMIT 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",NOT as follows: VIEWING"'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 accordanceDO with the Contract Documents such as: Supplementary Conditions, October 2012 Page 5-1. 1 Page 121 of 199 - 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 COPY 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 SUBMIT the Definitions, Specific Conditions Supplementary Conditions, the General Conditions, the Drawings, Division 1 of the SpecificationsNOT, VIEWINGTechnical 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.DO If requested by the Contractor, the City shall provide additional copies at the cost of printing handling and shipping." Supplementary Conditions, October 2012 Page 5-1. 2 Page 122 of 199 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 OwnerCOPY 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 ContractSUBMIT 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 replaceNOT it with the following: VIEWING2.2.16 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 GC5.7 – FINAL PAYMENT, respectively. 3.6 GC 2.4 - DEFECTIVE WORK 3.6.1 AmendDO 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: Supplementary Conditions, October 2012 Page 5-1. 3 Page 123 of 199 "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 GC3.14 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 missingCOPY 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 SUBMIT 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 clearlyNOT show, in weekly intervals, the logic and timing of major activities, VIEWINGproposed 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." DO Supplementary Conditions, October 2012 Page 5-1. 4 Page 124 of 199 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 thisCOPY 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 theSUBMIT 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 fullNOT compliance with all of the Owner 's policies including the Owner's Fair VIEWINGWage 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 limitationsDO specified in the Contract Documents. Supplementary Conditions, October 2012 Page 5-1. 5 Page 125 of 199 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,COPY 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: SUBMIT "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 addingNOT the word, "coring," before the word, "cutting". 3.15VIEWING 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: "3.13.4DO The Owner shall have the right to back charge cleaning to the Supplementary Conditions, October 2012 Page 5-1. 6 Page 126 of 199 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 themCOPY 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." SUBMIT 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 breakdownNOT items to prevent unbalancing. 5.2.10 Payment for mobilizing and setting up plant, temporary buildings and services, premiums and VIEWINGother 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 detailedDO description of as-built information/drawings performed for that month shall accompany the invoice. Supplementary Conditions, October 2012 Page 5-1. 7 Page 127 of 199 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 ofCOPY Substantial Performance of the Work , the Contractor, in consultation with the Consultant, shall establish a schedule for completion of the Work and correcting deficient 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; SUBMIT .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;NOT VIEWING.8 training manuals; .9 samples; .10 reports and correspondence from authorities having jurisdiction in the Place of the Work; .11 ShopDO Drawings, and marked up Drawings; Supplementary Conditions, October 2012 Page 5-1. 8 Page 128 of 199 .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 may be withheld if the Contractor fails to deliver maintenance manuals, as required in paragraph 5.4.4.7, o r completed as-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 endCOPY 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 SUBMITstatement" 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 RELEASENOT 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, VIEWINGand 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 toDO the subcontract, qualified by stated exceptions such as holdback monies; Supplementary Conditions, October 2012 Page 5-1. 9 Page 129 of 199 (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 WITHHOLDINGCOPY 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: "6.2.3.1 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 ContractorSUBMIT’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 WorkNOT, 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 VIEWINGwhatsoever 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 ContractorDO 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. Supplementary Conditions, October 2012 Page 5-1.10 Page 130 of 199 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. COPY 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 sectionSUBMIT 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 NOTof carrying out extra Work, by the Contractor, or by others when such VIEWINGarrangements 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 formingDO part of the Contractor 's normal labour costs. Supplementary Conditions, October 2012 Page 5-1.11 Page 131 of 199 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 andCOPY 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 hoursSUBMIT 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 theNOT Work on a Time and Material Basis. The payment adjustments on a time VIEWINGand 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. DO Supplementary Conditions, October 2012 Page 5-1.12 Page 132 of 199 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 WorkingCOPY 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 MaterialSUBMIT 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 EquipmentNOT rates shall be subject to the approval of the Consultant. VIEWING6.2.4.16 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. DO Supplementary Conditions, October 2012 Page 5-1.13 Page 133 of 199 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 theCOPY 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; SUBMIT (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, andNOT without limitation, the cost of performing the Work attributable to the VIEWINGChange 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 generalDO clean-up, except where the performance of the Work in the Change Directive causes specific additional clean-up requirements; Supplementary Conditions, October 2012 Page 5-1.14 Page 134 of 199 .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 COPYbe 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 reimbursedSUBMIT 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, wouldNOT entitle the Contractor to an extension of the Contract Time or the VIEWINGreimbursement 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 DOfor completion of the Work until actual completion of the Work, and it is further expressly acknowledged and agreed by the Contractor that: Supplementary Conditions, October 2012 Page 5-1.15 Page 135 of 199 (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 Amend paragraph 6.6.1 by deleting the period at the end of the paragraph and adding the following: "within 30 Working Days of the completion of the Work giving rise to the claim." 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." COPY 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"SUBMIT 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" 3.29.4 Delete paragraph 7.2.5 and replace it with the following: "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 ofNOT the default within the specified time; and VIEWING.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 ContractorDO shall be entitled to be paid for all Work performed to the date of termination. The Contractor shall also be entitled to recover the direct costs associated with termination, including the costs of Supplementary Conditions, October 2012 Page 5-1.16 Page 136 of 199 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 ofCOPY 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 SUBMIT 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 NOTor items in respect of which the claim arises; VIEWINGb) 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 DOContractor to submit any further and other particulars as the Consultant considers necessary to assess the claim. The Contractor shall submit the requested information within 30 days of receipt Supplementary Conditions, October 2012 Page 5-1.17 Page 137 of 199 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 receiCOPYpt 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 toSUBMIT 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 mutuallyNOT agreed upon by the Owner and Contractor. 8.4.3VIEWING 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. DOThe costs of the third party mediator shall be equally shared by the Owner and Contractor. Supplementary Conditions, October 2012 Page 5-1.18 Page 138 of 199 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 30COPY 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. SUBMIT 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 inNOT the schedule. 8.9VIEWING 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 DOchose an appointee with 37 days of the notice of arbitration. Supplementary Conditions, October 2012 Page 5-1.19 Page 139 of 199 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 OwnerCOPY 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." SUBMIT 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 GC3.14 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 9.1.6NOT as follows: "9.1.5 Without in any way limiting the Contractor's obligations under this GC 9.1, should the Contractor VIEWINGor 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 ContractorDO, without first consulting the Owner and receiving written instructions as to the course of action Supplementary Conditions, October 2012 Page 5-1.20 Page 140 of 199 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; a copy of the Notice of Project filed with the Ministry of Labour naming itself as “constructor” under OHSA. COPY 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,SUBMIT 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." 3.33.2 Delete paragraph 10.1.2 and replaceNOT it with the following: "Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties at the VIEWINGtime 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 DOor 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 Supplementary Conditions, October 2012 Page 5-1.21 Page 141 of 199 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" COPY 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." SUBMIT 3.34.2 Delete paragraph 10.2.6 and replace it with the following: "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." NOT 3.34.3VIEWING 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- governmentalDO authorities furnish such certificates." Supplementary Conditions, October 2012 Page 5-1.22 Page 142 of 199 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 ($5,000,0COPY00), 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. SUBMIT .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 bindingNOT on the Owner. VIEWING.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 formDO 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. Supplementary Conditions, October 2012 Page 5-1.23 Page 143 of 199 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 conditionsCOPY 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 ContractorSUBMIT 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 theNOT 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 VIEWINGthat 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 amountDO 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 Supplementary Conditions, October 2012 Page 5-1.24 Page 144 of 199 amount of the Contractor's interest in the restoration of the Work. .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 theCOPY 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. SUBMIT .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 GC11.2 – BONDS NOT 3.37.1VIEWING 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 GC12.1 - INDEMNIFICATION 3.38.1 DeleteDO paragraphs 12.1.1 through 12.1.6 and replace them with the following: Supplementary Conditions, October 2012 Page 5-1.25 Page 145 of 199 "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 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 anyCOPY 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,SUBMIT 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 CLAIMNOTS VIEWING12.2.1 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”. 12.2.1.2DO Change the word “claims” to “Claims”. Supplementary Conditions, October 2012 Page 5-1.26 Page 146 of 199 12.2.1.3 Delete paragraph 12.2.1.3 in its entirety. 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. 12.2.9 Delete paragraph 12.2.9 in its entirety. 12.2.10 Delete paragraph 12.2.10 in its entirety. 3.40 GC 12.3 – WARRANTY 3.40.1 Amend paragraph 12.3.1 by deleting the words, "one year",COPY 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" SUBMIT “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 GCNOT 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 VIEWINGresponsibilities 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 - OTHERDO PROVISIONS Supplementary Conditions, October 2012 Page 5-1.27 Page 147 of 199 3.41 Add New PART 13 As Follows: "GC 13.1 - OWNERSHIP OF MATERIALS 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 LIABILITIESCOPY 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 competentSUBMIT 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 STATEMENTSNOT VIEWING13.5.1 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, theDO 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 Supplementary Conditions, October 2012 Page 5-1.28 Page 148 of 199 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 COPY SUBMIT VIEWINGNOT DO Supplementary Conditions, October 2012 Page 5-1.29 Page 149 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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. Pre-Construction Survey And Layout ...... 8 9. Disposal Of Surplus Excavated Material And Removals...... 8 10. Smog Alert Response Plans ...... 9 11. Security ...... 10 12. Material And Truck Weighing ...... 10 13. Noise Regulations ...... COPY .. 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 SUBMITParty Claims ...... 13 20. Contract Documents ...... Error! Bookmark not defined. 21. Order of Precedence ...... Error! Bookmark not defined. VIEWINGNOT DO PMMD V 5.6b – January 29, 2014 Page 5A-1 Page 150 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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 COPY 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. SUBMIT 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 regulationsNOT thereunder and successor legislation (hereinafter collectively referred to as the “OHSA”). VIEWING 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: DO PMMD V 5.6b – January 29, 2014 Page 5A-2 Page 151 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A (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 prospectiveCOPY 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" underSUBMIT 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 andNOT maintain at each Work site, in a manner easily available to VIEWINGall 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 DOthe Work; PMMD V 5.6b – January 29, 2014 Page 5A-3 Page 152 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A (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 performanceCOPY 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 projectsSUBMIT 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-containingNOT materials, the Contractor shall provide written VIEWINGconfirmation 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 DOor suppliers engaged by the Contractor, disturb material that is believed to be asbestos containing material, separate and apart from asbestos abatement PMMD V 5.6b – January 29, 2014 Page 5A-4 Page 153 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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 containingCOPY 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’sSUBMIT 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. NOT VIEWING 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 DOdesignated substance or hazardous material has been removed or interfered with other than in compliance with this subsection, forthwith report same to the PMMD V 5.6b – January 29, 2014 Page 5A-5 Page 154 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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 ContractorCOPY 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 anySUBMIT 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 anyNOT other right, remedy or privilege available to the City for VIEWINGdefault 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 DOviolation has been completely rectified to the satisfaction of the Consultant. PMMD V 5.6b – January 29, 2014 Page 5A-6 Page 155 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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/orCOPY 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 SUBMITpedestrians 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 NOT The Contractor is advised that existing utility relocation and other work, survey, testing, VIEWINGsampling 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 activityDO co-ordination as described above. PMMD V 5.6b – January 29, 2014 Page 5A-7 Page 156 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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. Pre-Construction Survey And Layout 8.1 Pre-Construction Survey The City shall perform a pre-construction survey to identify property bars, and to establish baselines and benchmarks necessary for the delineation of Working Area and layout of the Works. Notwithstanding, the City may request the Contractor to perform the pre-construction survey. In which case, compensation for the serviceCOPY shall be determined on a time and materials basis in accordance with GC 6.2.4. 8.2 Layout The City shall perform the layout of the Works in this Contract. Notwithstanding, the City may request the Contractor to perform the Layout of the Works. In which case, compensation for the service shall be determined on a time and materials basis in accordance with GC 6.2.4. SUBMIT 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 assumeNOT full ownership of the surplus excavated material and shall VIEWINGbe 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 couldDO in any way pertain to the work outlined in the Contract. PMMD V 5.6b – January 29, 2014 Page 5A-8 Page 157 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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: 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 COPYtraffic 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 withinSUBMIT 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. NOT VIEWINGPayment 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. DO PMMD V 5.6b – January 29, 2014 Page 5A-9 Page 158 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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 verifyCOPY 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 passingSUBMIT 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 ContractorNOT had rectified the weight inconsistency. The weight of the following loads will be adjusted based on an adjustment factor determined from the VIEWINGmost recently weight-verified load The City will not compensate contractors for any cost associated with the weight verification process. DO PMMD V 5.6b – January 29, 2014 Page 5A-10 Page 159 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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. COPY 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 attainedSUBMIT 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 $500.00 (FIVE HUNDRED 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 anyNOT failure to attain Substantial Performance of the Contract VIEWINGwithin 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. DO PMMD V 5.6b – January 29, 2014 Page 5A-11 Page 160 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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 COPY 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)SUBMIT 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. VIEWINGNOT DO PMMD V 5.6b – January 29, 2014 Page 5A-12 Page 161 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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 (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: COPY (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. SUBMIT (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 whetherNOT to provide an extension under this section, the Consultant shall consider the Contractor's, or the Contractor's insurer's, reasons for the VIEWINGrequest 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 DOthe 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 PMMD V 5.6b – January 29, 2014 Page 5A-13 Page 162 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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. (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 ensureCOPY 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 SUBMITwith: 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 NOT VIEWING-any addenda to the tender call for the Contract - the tender call for the Contract DO PMMD V 5.6b – January 29, 2014 Page 5A-14 Page 163 of 199 Section 5A – Specific Conditions of Contract Tender Call No. 21-2014 Contract No. N/A 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, any Addenda to the Tender Call for the Contract, the Tender Call for the Contract, Contractor's Bid, COPY the General Conditions, Division 1 of the Specifications, Technical Specifications, Material and Finishing schedules, the Drawings." SUBMIT VIEWINGNOT DO PMMD V 5.6b – January 29, 2014 Page 5A-15 Page 164 of 199 Section 6 – Contract Execution Package Tender Call No. 21-2014 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 DECLARATIONCOPY FOR OHSA SUBMIT VIEWINGNOT DO PMMD V 5.6b – January 29, 2014 Page 6-1 Page 165 of 199 Section 6 – Contract Execution Package CCDC 2-2008 STIPULATED PRICE CONTRACT Tender Call No. 21-2014 Contract No. N/A 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 COPY SUBMIT VIEWINGNOT DO PMMD V 5.6b – January 29, 2014 Page 6-2 Page 166 of 199 Section 6 – Contract Execution Package CCDC 221-2002 PERFORMANCE BOND Tender Call No. 21-2014 Contract No. N/A CCDC 221-2002 PERFORMANCE BOND CCDC 2 is published by the Canadian Construction Document Committee ("CCDC") and is available for purchase at http://www.ccdc.org/WhereToBuy/WhereToBuy.html COPY SUBMIT VIEWINGNOT DO Page 167 of 199 PMMD V 5.6b – January 29, 2014 Page 6-3 Section 6 – Contract Execution Package CCDC 222-2002 LABOUR & MATERIAL PAYMENT BOND (Trustee Form) Tender Call No. 21-2014 Contract No. N/A CCDC 222-2002 LABOUR & MATERIAL PAYMENT BOND (Trustee Form) CCDC 2 is published by the Canadian Construction Document Committee ("CCDC") and is available for purchase at http://www.ccdc.org/WhereToBuy/WhereToBuy.html COPY SUBMIT VIEWINGNOT DO PMMD V 5.6b – January 29, 2014 Page 6-4 Page 168 of 199 Section 6 – Contract Execution Package WSIB & Tax Statutory Declaration Form Tender Call No. 21-2014 Contract No. N/A 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", COPY (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 imposedSUBMIT 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 NOT } VIEWING } this day } Signing Officer of Company } of 20 } A Commissioner,DO etc. PMMD V 5.6b – January 29, 2014 Page 6-5 Page 169 of 199 COPY SUBMIT VIEWINGNOT DO Page 170 of 199 COPY SUBMIT VIEWINGNOT DO Page 171 of 199 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 ATION & CITY POLICY & CITY ATION 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. COPY 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. SUBMIT Name of Vendor or Name of Grant Applicant (Organization or Individual): Complete Address: Email ______ Tel. No. ______ Postal Code: NOT Fax No. ______VIEWING Name of Signing Officer or Name of Applicant (Name – please print): Position For Office Use Only For Office LEGISL T/DISCRIMINATION ANTI-HARASSMEN WITH COMPLIANCE OF DECLARATION Signature:DO Date: Authorised Signing Officer or Individual Group/Vendor/Individual Name: Date Name: Group/Vendor/Individual Multilingual Services: 311 and TTY 416-338-0889.Further information: www.toronto.ca/diversity.ca Page 172 of 199 Page 6-8 Working Near Asbestos Section 6 – Contract Execution Package Supplementary Statutory Declaration with Asbestos Awareness Training Tender Call No. 21-2014 Contract No. N/A 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 1. I am COPY INDIVIDUAL (If an incorporated Company, state "President", “Secretary”, or as STRIKE OUT the case may be) "OF" of (State Firm Name) the Contractor herein. SUBMIT IF AN I am the Contractor herein contracted to carry out the work under INDIVIDUAL contract no. ____ and I carry on business at CARRYING ON A BUSINESS UNDER A FIRM under the name of and NAME, USE THIS (State Firm Name) PARAGRAPH there is no other person associated with me in partnership. NOT IF A We are the Contractors contracted to carry out the work under PARTNERSHIP,VIEWING Contract no.____ and we carry on business at USE THIS PARAGRAPH in partnership, under the name of and (state firm name) DOwe are the only members of such partnership. PMMD Construction - V 1.0 – May 20, 2011 Page 6-9 Page 173 of 199 Section 6 – Contract Execution Package Supplementary Statutory Declaration with Asbestos Awareness Training Tender Call No. 21-2014 Contract No. N/A 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 whichCOPY 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. SUBMIT 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”. NOT VIEWING DO PMMD Construction - V 1.0 – May 20, 2011 Page 6-10 Page 174 of 199 Section 6 – Contract Execution Package Supplementary Statutory Declaration with Asbestos Awareness Training Tender Call No. 21-2014 Contract No. N/A 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 } A Commissioner, etc. COPY SUBMIT VIEWINGNOT DO PMMD Construction - V 1.0 – May 20, 2011 Page 6-11 Page 175 of 199 Section 6 – Contract Execution Package Supplementary Statutory Declaration with Asbestos Awareness Training Tender Call No. 21-2014 Contract No. N/A 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 COPYwork 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 SUBMIT 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. VIEWINGNOT DO PMMD Construction - V 1.0 – May 20, 2011 Page 6-12 Page 176 of 199 Section 6 – Contract Execution Package Supplementary Statutory Declaration with Asbestos Awareness Training Tender Call No. 21-2014 Contract No. N/A 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 RegCOPY 278/05 Asbestos Records Asbestos Management Program Building Surveys Control considerations including management plan, encapsulation / encasement, enclosure, removal SUBMIT Asbestos Waste Disposal Environmental Protection Act Ontario Regulation 347 Packaging Waste Transporting Asbestos Legislation Requirements NOT VIEWING General Respirator Limitations Types of Respirators Parts of a Respirator VisualDO Inspection PMMD Construction - V 1.0 – May 20, 2011 Page 6-13 Page 177 of 199 Section 6 – Contract Execution Package Supplementary Statutory Declaration with Asbestos Awareness Training Tender Call No. 21-2014 Contract No. N/A 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. COPY SUBMIT VIEWINGNOT DO PMMD Construction - V 1.0 – May 20, 2011 Page 6-14 Page 178 of 199 Section 7 – City Policies Tender Call No. 21-2014 Contract No. N/A SECTION 7 – CITY POLICIES COPY SUBMIT VIEWINGNOT DO PMMD V 5.6b – January 29, 2014 Page 7-1 Page 179 of 199 Section 7 – City Policies Tender Call No. 21-2014 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 COPY . 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. SUBMIT 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: NOT http://www.mcss.gov.on.ca/mcss/serve-ability/splash.html VIEWING For more information: How to comply with the Accessible Customer Service Standard at: www.accessON.ca/compliance RequirementsDO 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 PMMD V 5.6b – January 29, 2014 Page 7-2 Page 180 of 199 City Manager’s Office Fair Wage Office Tel: 416-392-7300 - General Enquiry 416-392-FAIR - Complaints Hotline 100 Queen Street West Fax: 416-392-0801 City Hall, 19th Floor, West E-mail: [email protected] Toronto, Ontario M5H 2N2 Web: www.toronto.ca/fairwage 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. COPY 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, extendedSUBMIT 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. NOT E. Sub-contractor has been found in violation of the Labour Trades Contractual Obligations in the VIEWINGConstruction 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 WORKDO – 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. *Fair Wage Policy – (extracted from Schedule A of the City of Toronto Municipal Code, Chapter 67) FW R (10/07) Page 181 of 199 City Manager’s Office Fair Wage Office Tel: 416-392-7300 - General Enquiry 416-392-FAIR - Complaints Hotline 100 Queen Street West Fax: 416-392-0801 City Hall, 19th Floor, West E-mail: [email protected] Toronto, Ontario M5H 2N2 Web: www.toronto.ca/fairwage 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 theCOPY 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 SUBMIT 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 beNOT summarized as follows: A.VIEWING 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 DO *Fair Wage Policy – (extracted from Schedule A of the City of Toronto Municipal Code, Chapter 67) FW R (10/07) Page 182 of 199 City Manager’s Office Fair Wage Office Tel: 416-392-7300 - General Enquiry 416-392-FAIR - Complaints Hotline 100 Queen Street West Fax: 416-392-0801 City Hall, 19th Floor, West E-mail: [email protected] Toronto, Ontario M5H 2N2 Web: www.toronto.ca/fairwage 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 apprenticesCOPY 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 OfficeSUBMIT 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 NOTin shop work: (a) The union rate of wages in the particular district or locality in which the work is VIEWINGundertaken 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 DOrecognized 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 *Fair Wage Policy – (extracted from Schedule A of the City of Toronto Municipal Code, Chapter 67) FW R (10/07) Page 183 of 199 City Manager’s Office Fair Wage Office Tel: 416-392-7300 - General Enquiry 416-392-FAIR - Complaints Hotline 100 Queen Street West Fax: 416-392-0801 City Hall, 19th Floor, West E-mail: [email protected] Toronto, Ontario M5H 2N2 Web: www.toronto.ca/fairwage (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 haveCOPY 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 SUBMIT 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.NOT E. After the procurement call closes, the Manager, Fair Wage Office, at the request of Purchasing and VIEWINGMaterials 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) DO 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 *Fair Wage Policy – (extracted from Schedule A of the City of Toronto Municipal Code, Chapter 67) FW R (10/07) Page 184 of 199 City Manager’s Office Fair Wage Office Tel: 416-392-7300 - General Enquiry 416-392-FAIR - Complaints Hotline 100 Queen Street West Fax: 416-392-0801 City Hall, 19th Floor, West E-mail: [email protected] Toronto, Ontario M5H 2N2 Web: www.toronto.ca/fairwage (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.COPY 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 ofSUBMIT 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. VIEWINGNOT DO *Fair Wage Policy – (extracted from Schedule A of the City of Toronto Municipal Code, Chapter 67) FW R (10/07) Page 185 of 199 Corporate Services Fair Wage Office Tel: 416-392-7300 - General Enquiry 416-392-FAIR - Complaints Hotline 100 Queen Street West Fax: 416-392-0801 City Hall, 18th Floor, West E-mail: [email protected] Toronto, Ontario M5H 2N2 Web: www.toronto.ca/fairwage 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 ConstructionCOPY 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. SUBMIT (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. NOT VIEWING(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 DOOntario 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 Page 186 of 199 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’ certificationsCOPY 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 SUBMIT 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 consultationNOT with the industry • type of Work involved •VIEWING whether or not union firms/workers must be used • if Labour Trades Contractual Obligations apply DO * Labour Trades Contractural Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67) FW R (02/06) Page 2 of 2 Page 187 of 199 Human Resources Fair Wage Office Tel: 416-392-7300 100 Queen Street West Fax: 416-392-0801 th City Hall, 19 Floor, West Tower Hotline: 416-392-FAIR Toronto, ON M5H 2N2 E-mail: [email protected] Visit us at www.toronto.ca/fairwage 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 COPY “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. SUBMIT 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 NOT VIEWING 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 eventDO 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. Page 188 of 199 Purchasing & Materials Management Division DATE: February 27, 2008 Right to Reject Debtors and Set Off Policy 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 duriCOPYng 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. SUBMIT 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 NOT VIEWING“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 DO tender or a quotation; 1 Page 189 of 199 "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 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,COPY 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 SUBMIT 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 NOT any other person who performs functions for the corporation similar to those VIEWINGnormally 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. 4.0DO Indirect pecuniary interest 2 Page 190 of 199 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 (b) the person is a partner of the other person or is in the employment of the other person. 5.0 Right to Reject COPY 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 theSUBMIT 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 NOT VIEWINGPMMD shall be entitled to rely on the content s of the Debtors Watch List in making a determination of disqualification. 6.0DO Determination of Disqualification 3 Page 191 of 199 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 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. 7.0 Set-Off COPY 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 lowestSUBMIT 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 NOT VIEWINGCONTACT 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 DO 4 Page 192 of 199 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 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 COPY 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 debtorSUBMIT 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 toNOT staff, it would be inappropriate to use the policy. VIEWINGIt 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 TheDO 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 has other strong collection tools available such as the disconnection of water or 5 Page 193 of 199 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. COPY SUBMIT VIEWINGNOT DO 6 Page 194 of 199 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 retirementCOPY 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. SUBMIT 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 followingNOT statement: “FormerVIEWING 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 beDO considered in the evaluation of all submissions received by the City of Toronto. Page 195 of 199 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. COPY SUBMIT VIEWINGNOT DO Page 196 of 199 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 COPY - Plastering - Eavestroughing - Tile Setting - Manufacture & Installation of Cabinets and Vanities - Drywall / Taping - Installation of Aluminum Products - Tuck Pointing - Underpinning OTHER TRADES: SUBMIT - Insulation Installer - Heating Contractor - Building Cleaner - Exterior - Plumbing and Heating Contractor - Sign Painter - Plumbing Contractor - Chimney Repairperson - Drain Contractor MISCELLANEOUS: -Auctioneer NOT VIEWING Revised August 7, 2009 DO Page 197 of 199 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. COPY 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. SUBMIT 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 EnvironmentallyNOT Responsible Procurement Policy, contact the PurchasingVIEWING 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: ______DO Page 198 of 199 Final Contractor Performance Evaluation Interim # 1 version 2.0 - 25-Sep-13 DATE: CONTRACTOR: PROJECT NAME: DESCRIPTION: CONTRACT No.: START DATE: CONTRACT VALUE: COMPLETION DATE: U I ME EE EX N/A A. SAFETY - Compliance with Laws & Standards sub-score 3.00 Weight 25% 1 Did the contractor comply with OHSA requirements? 2 Did the contractor meet additional environmental, safety, policy and regulatory requirements of the contract? 3 Did the contractor take adequate precautions with any hazardous materials and designated substances? B. QUALITY - Compliance with Contract Standards & Specifications sub-score 3.00 Weight 25% 1 Did the contractor comply with standards and specifications in the contract? 2 Was the quality and workmanship in compliance with the contract documents? 3 Did the contractor promptly & effectively correct defective work as the project progressed? C. ORGANIZATION - Work Plan and Management sub-score 3.00 Weight 12.5% 1 Did the contractor submit a satisfactory baseline schedule in compliance with the contract? 2 Did the contractor commence the work on time? 3 Did the contractor submit schedule updates in accordance with the contract? 4 Did the contractor adequately staff and resource the project in compliance with the contract? 5 Did the contractor provide adequate & competent site supervision? 6 Did the contractor effectively coordinate and manage the work of its subcontractors? 7 Did a person with decision-making authority represent the contractor at pay/progress meetings? 8 Did the contractor submit timely, relevant requests for information (RFIs) as needed? 9 Were shop drawings submitted according to shop drawing schedule and in compliance with the contract? D. EXECUTION - Work Performance COPYsub-score 3.00 Weight 25% 1 Did the contractor complete the project on time? 2 Did the contractor follow the approved schedule and meet milestones? 3 Did the contractor provide effective quality control? 4 Did the contractor keep the site clean and free of trash and debris in compliance with the contract? 5 Did the contractor promptly comply with change orders, change directives, site instructions, and RFQs? 6 Did the contractor seek authorization to perform extra or additional work? 7 Did the contractor adequately address disputes, damages and claims with third parties to City PM's knowledge? 8 Was the quality and submission timelines of the following items acceptable? 8.1 Look ahead schedules or work plans SUBMIT 8.2 Accurate and complete record documents (as-builts) 8.3 Complete operations and maintenance manuals and closeout documents 8.4 Secure and/or closed applicable municipal permits 8.5 Startup testing and commissioning reports 8.6 Training plan and manuals E. ADMINISTRATION - Contractor Performance and Diligence sub-score 3.00 Weight 12.5% 1 Did the contractor communicate, cooperate, collaborate with the contract administrator, project team & stakeholders? 2 Did the contractor participate in resolving project problems and display initiative to implement solutions? 3 Did the contractor demonstrate accountability for problems for which they where responsible? 4 Did the contractor submit accurate, complete invoices in a timely manner? 5 Did the contractor provide competitive change order NOTpricing? 6 Did the contractor accept responsibility for the full scope and extent of the contract? 7 Did the contractorVIEWING coordinate to minimize disruption to the public and City operations? Note: if the contractor disagrees with the evaluation, it is to follow the same dispute procedure as set out in the contract for claims 3.00 Total Score (weighted) Name Signature Date Project Manager: Manager: DO Director: (required for Final only) Page 199 of 199 Page 1 of 1